In a case involving personal injury lawsuits in Maryland a defendant once served has a responsibility to file an answer. There are circumstances where the defendant fails to file an answer. In that case the plaintiff would ask the court to enter a default judgment against the defendant for failure to file an answer. The question however still remains to what extent the defendant can participate in a hearing to establish damages. The Maryland Court of Special Appeals addressed this issue in Fisher v McCrary Crescent City, LLC 972 A 2d 954 and(2009). Ultimately the court determined that a defendant in default still has the right to participate in the hearing affecting damages. Specifically the defendant in default, for failure to file a responsive pleading, can present evidence to mitigate damages; cross-examine witnesses regarding damages; present evidence on damages; object to evidence and make arguments. It is my position that discovery must be executed to a defendant in default to identify his evidence on mitigation, causation issues, damages and what if any evidence he finds objectionable.
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