A recent reported opinion from the Court of Special Appeals of
Maryland,Huntley v. Huntley (2016), is important
for family law and civil litigation attorneys. First and foremost,
the opinion reemphasized the importance of notice pleading in both
family law and civil cases. The importance of this case, and the
importance of notice pleading, should not be underestimated.
Mr. and Mrs. Huntley were married for twenty-seven years. The wife
filed a complaint requesting, inter alia, alimony,
division of the marital share of the husband's retirement
benefits and attorney's fees. The husband filed an answer
asserting the standard requests for relief, including a denial of
the wife's complaint and her requests for relief. The husband
did not file a counter-complaint, although he was of course
permitted to do so pursuant to the Maryland Rules. At trial, the
husband requested that the court grant him a portion of the marital
share of the wife's retirement benefits—as the wife had
similarly requested in her complaint. The trial court denied the
husband's request because he did not assert this request in any
pleading. The husband appealed.
On appeal, the husband (rightly) argued that the wife's
retirement account was clearly a marital asset, was known to both
parties, was designated on the parties' joint statement of
marital property and was an asset that both parties were aware
existed during the divorce litigation. The trial court, and the
appellate court affirming, took a very technical approach to this
case by denying the husband's request for relief.
The following takeaways are important for attorneys and their
clients in all family law and civil cases:
- The purpose of pleadings is to provide notice to the other party and an opportunity to be heard—fundamental due process.
- The court's authority is defined by the pleadings.
- The pleadings lend assistance to an efficient discovery process by narrowing the issues in the litigation.
- The issues raised in pleadings are important because they allow attorneys to advise clients of the risks and benefits of litigation. This assessment cannot be made if the issues can expand well beyond what was originally pled. It is also important for the other party to have notice of the issues that the court can decide because he or she may take a different stance depending on what requests for relief are set forth in the pleadings.
- If you are asking the court to decide an issue, it must be raised in a pleading (i.e., complaint, counter-complaint). Raising the issue in other papers is not sufficient.
- If the court were to grant a request for relief outside of the pleadings, one option may be to collaterally attack any judgment rendered.
- There may also be issue and claim-preclusion arguments that are available in subsequent proceedings.
- Practice tip: Always set a reminder/calendar 15 days prior to a trial date to file an amended complaint and/or counter-complaint if particular relief will be requested.
Equity is the keystone in family law cases, particularly cases involving children, in which the court always has the authority to act in the best interests of the child. But even in what may have seemed to be a reasonable and ordinary request for relief, equity did not save the husband's case.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.