Petition to Establish a Mechanic's Lien in Maryland

In Maryland, a petition to establish a mechanic's lien shall contain, inter alia, an affidavit "by the petitioner or some person on his behalf, setting forth facts upon which the petitioner claims he is entitled to the lien in the amount specified." R.P. 9-105(a)(2). If the owner desires to controvert the facts contained in the petitioner's affidavit, the owner must "file an affidavit in support of his answer showing cause." R.P. 9-106(a)(2). The answer could be filed as one document, signed by counsel, and the affidavit, which is in support of the answer, could be filed as a separate document. The purpose of the affidavit is to provide evidentiary support for the answer. The failure to file such an affidavit "shall constitute an admission for the purposes of the proceedings of all statements of fact in the affidavit supporting the petitioner's claim, but shall not constitute an admission that such petition or affidavit in support thereof is legally sufficient." Id. Maryland Rule 12-302 parallels R.P. 9-105 and provides that an action to establish a mechanic's lien shall be commenced by filing a verified complaint. The rule provides that the complaint "shall be under oath by the plaintiff or a person making oath on the plaintiff's behalf." Maryland Rule 12-302(b). Maryland Rule 12-304 parallels R.P. 9-106 and, consistent with Maryland Rule 12-302(b), requires that the answer be "under oath."