Carroll Circuit Court Filing Timing and Cure Windows

CRITICAL

The Court must review protective-order petitions immediately upon filing, and should review them within an hour of presentation to a judge unless no judge is available.

The Court shall review a petition for a protective order immediately upon its filing. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge unless it is impossible due to no judge being available.

CRITICAL

Motions generally must be filed with the appropriate Circuit Court Clerk’s Office at least seven days before the hearing, and in-person filings must be made by close of business; exceptions apply for emergency and ex parte motions and other timeframes established by rule or statute.

All Motions, except emergency motions, ex parte motions, or motions with other timeframes pursuant to rule or statute (e.g., CR 56.03), shall be filed with the appropriate Circuit Court Clerk’s Office (by close of business if filing in person) at least seven days in advance of the hearing.

CRITICAL

The expense advance must be forwarded within seven days after entry of the Judgment and Order of Sale.

Within seven days after the entry of the Judgment and Order of Sale, the plaintiff shall forward to the Master Commissioner a certified check or money order for $1,000.00 as an advance for expenses to be incurred by the Master Commissioner in relation to the sale.

CRITICAL

Deadline

10 calendar days

The Court may routinely grant the motion without a hearing ten calendar days after filing if no response or objection is filed.

This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing, unless a response or objection is filed.

CRITICAL

In a nonjury case, each party must file a trial brief with the Circuit Court Clerk at least seven days before trial.

In all cases tried without a jury, each party shall file a trial brief with the Circuit Court Clerk not less than seven (7) days prior to trial.

CRITICAL

The Court will not accept or consider plea agreements after the report date.

After the report date, the Court will not accept or consider plea agreements.

CRITICAL

No additional motions may be offered after the final pretrial conference unless the Court grants leave for good cause.

No additional motions may be offered after the final pretrial conference except by leave of the Court for good cause shown.

CRITICAL

Applies to

Pretrial diversion application

An eligible person may apply for a pretrial diversion order after indictment or information, but no later than thirty days before trial.

After indictment or information in Circuit Court, and no later than thirty days before trial, any person eligible for pretrial diversion may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

CRITICAL

Plea agreements must be signed and submitted by 3:00 p.m. on the Thursday before the plea is to be taken.

All plea agreements must be signed and submitted to the Court no later than 3:00 p.m. the Thursday before the plea is to be taken.

CRITICAL

The title examination must be updated by filing a new affidavit every six months.

The title examination shall be updated every six months by filing a new affidavit.

CRITICALCriminal cases

An eligible person may apply for a pretrial diversion order after indictment or information, but must apply no later than 30 days before trial.

After indictment or information in Circuit Court, and no later than thirty days before trial, any person eligible for pretrial diversion may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

WARNING

Unless a rule or statute permits otherwise or good cause is shown, a motion filed less than seven days before the hearing may be denied or continued to a date more than seven days after filing.

Except where permitted by rule or statute or for good cause shown, all motions filed less than seven days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion.