Court Rules

Circuit Court for Frederick County

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • The Court may grant a postponement when a party or attorney has a previously scheduled appearance in another court on the hearing date.
  • A postponement motion filed less than 30 days before the hearing must state the opposing party’s position or explain why it could not be obtained.
  • Since the majority of hearing dates are either set in Court with counsel and the parties present, or after dates are cleared with counsel by the Assignment Office, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.
  • +16 more

Request must include

Adversary Position
  • Except in emergencies, postponement requests must be filed within 30 days of the hearing date; pre-paid vacations and CLE are non-emergency matters.
  • Except in emergencies, postponement requests must be filed within 30 days of the hearing-date notice; pre-paid vacations and CLE are non-emergency matters.
  • Except in an emergency, postponement requests must be filed within 30 days of the hearing date; prepaid vacations and CLE are identified as non-emergencies.
  • +1 more
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Document Filing Requirements4 rules

Filing Requirements

The party requesting a postponement shall attach a copy of the other assignment to the Motion for Postponement.

postponementofallothercases20220826 · Aug 2022 · p. 1
|SectionPOSTPONEMENT POLICY – ALL CASES OTHER THAN TPR/CINA
Filing Requirements

The party requesting a postponement shall attach a copy of the other assignment to the Motion for Postponement.

20160314postponementpolicycrimcivilfamily · p. 1
|SectionPOSTPONEMENT POLICY — CRIMINAL/CIVIL/FAMILY LAW CASES
Filing RequirementsCivil cases

- 1. A postponement may be granted when any party or attorney has an appearance in another court previously set on the date of hearing. The party requesting a postponement shall attach a copy of the other assignment to the Motion for Postponement.

postponementtprandcina20220826 · p. 1
|SectionPOSTPONEMENT POLICY – CINA/TPR CASES
Filing RequirementsCivil cases

The party requesting a postponement shall attach a copy of the other assignment to the Motion for Postponement.

20170120cinatprpostponementpolicy · p. 1
|SectionPOSTPONEMENT POLICY — CINA/TPR CASES

Filing & Service rules

Filing Timing and Cure Windows

Remote-hearing requests must be filed at least 30 days before the hearing; later requests will be considered only on an emergency basis.

All requests for remote hearings are to be filed at least thirty (30) days prior to any scheduled hearing. The Court will only consider remote hearing requests filed less than thirty (30) days prior to hearing on an emergency basis.

Page 1 | REMOTE HEARING REQUESTS

Adjournment & Extension Requirements

A postponement motion filed less than 30 days before the hearing must state the opposing party’s position or explain why it could not be obtained.

Any Motion for Postponement filed less than thirty (30) days before the scheduled hearing date shall reflect the position of the opposing party, or the reason for the inability to contact or obtain the position of the opposing party.

Page 1 | POSTPONEMENT POLICY – ALL CASES OTHER THAN TPR/CINA

Since the majority of hearing dates are either set in Court with counsel and the parties present, or after dates are cleared with counsel by the Assignment Office, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

Since the majority of hearing dates are either set in Court with counsel and the parties present, or after dates are cleared with counsel by the Assignment Office, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

Page 1 | POSTPONEMENT POLICY – ALL CASES OTHER THAN TPR/CINA

Except in emergencies, postponement requests must be filed within 30 days of the hearing date; pre-paid vacations and CLE are non-emergency matters.

Except in case of Emergency, all requests for postponement mut be filed within thirty (30) days of the hearing date. Non-emergency matters include pre-paid vacations, CLE, etc.

Page 1 | POSTPONEMENT POLICY – ALL CASES OTHER THAN TPR/CINA

A postponement motion filed fewer than 25 days before the hearing must state the opposing party’s position or explain why it could not be obtained.

Any Motion for Postponement filed less than twenty-five (25) days before the scheduled hearing date shall reflect the position of the opposing party, or the reason for the inability to contact or obtain the position of the opposing party.

Page 1 | POSTPONEMENT POLICY — CRIMINAL/CIVIL/FAMILY LAW CASES

Except in an emergency, postponement requests must be filed within 30 days of the hearing date notice; pre-paid vacations and CLE are non-emergency matters.

Except in case of emergency, all requests for postponement must be filed within thirty (30) days of the hearing date notice. Non-emergency matters include: pre-paid vacations, CLE, etc.

Page 1 | POSTPONEMENT POLICY — CRIMINAL/CIVIL/FAMILY LAW CASES

A postponement motion filed fewer than 25 days before the hearing must state the opposing party’s position or explain why it could not be obtained.

Any Motion for Postponement filed less than twenty-five (25) days before the scheduled hearing date shall reflect the position of the opposing party, or the reason for the inability to contact or obtain the position of the opposing party.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

Except in emergencies, postponement requests must be filed within 30 days of the hearing-date notice; pre-paid vacations and CLE are non-emergency matters.

Except in case of emergency, all requests for postponement must be filed within thirty (30) days of the hearing date notice. Non-emergency matters include: pre-paid vacations, CLE, etc.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

Since the majority of hearing dates are set in Court with counsel and the parties present, or dates are cleared with counsel by the Assignment Office via telephone, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

Since the majority of hearing dates are set in Court with counsel and the parties present, or dates are cleared with counsel by the Assignment Office via telephone, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

Except in an emergency, postponement requests must be filed within 30 days of the hearing date; prepaid vacations and CLE are identified as non-emergencies.

- 2. Except in case of Emergency, all requests for postponement mut be filed within thirty (30) days of the hearing date. Non-emergency matters include; pre-paid vacations, CLE, etc.

Civil cases

Page 1 | POSTPONEMENT POLICY – CINA/TPR CASES

A postponement motion filed less than 30 days before the hearing must state the opposing party’s position or explain why it could not be obtained.

- 3. Any Motion for Postponement filed less than thirty (30) days before the scheduled hearing date shall reflect the position of the opposing party, or the reason for the inability to contact or obtain the position of the opposing party.

Civil cases

Page 1 | POSTPONEMENT POLICY – CINA/TPR CASES

Except in emergencies, postponement requests must be filed within 30 days of the hearing date notice; pre-paid vacations and CLE are non-emergency matters.

Except in case of emergency, all requests for postponement must be filed within thirty (30) days of the hearing date notice. Non-emergency matters include: pre-paid vacations, CLE, etc.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

A postponement motion filed less than 25 days before the hearing must state the opposing party’s position or explain why that position could not be obtained.

Any Motion for Postponement filed less than twenty-five (25) days before the scheduled hearing date shall reflect the position of the opposing party, or the reason for the inability to contact or obtain the position of the opposing party.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

The Court may grant a postponement when a party or attorney has a previously scheduled appearance in another court on the hearing date.

A postponement may be granted when any party or attorney has an appearance in another court previously set on the date of hearing.

Page 1 | POSTPONEMENT POLICY – ALL CASES OTHER THAN TPR/CINA

A continuance should be rescheduled for the next day the Court sits and remain on the docket daily until concluded, except a continuance awaiting additional evidence should be rescheduled as soon as possible.

Continuances (defined as a proceeding which has begun and is extended for additional day(s)) should be rescheduled for the next day the Court sits and should remain on the docket day-to-day until concluded. The only exception is a case continued pending receipt of additional evidence, which should be rescheduled as soon as possible.

Page 1 | POSTPONEMENT POLICY – ALL CASES OTHER THAN TPR/CINA

A postponement may be granted when a party or attorney has a previously scheduled appearance in another court on the hearing date.

A postponement may be granted when any party or attorney has an appearance in another court previously set on the date of hearing.

Page 1 | POSTPONEMENT POLICY — CRIMINAL/CIVIL/FAMILY LAW CASES

Since the majority of hearing dates are set in Court with counsel and the parties present, or dates are cleared with counsel by the Assignment Office via telephone, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

Since the majority of hearing dates are set in Court with counsel and the parties present, or dates are cleared with counsel by the Assignment Office via telephone, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

Page 1 | POSTPONEMENT POLICY — CRIMINAL/CIVIL/FAMILY LAW CASES

A continuance should be rescheduled for the next day the Court sits and remain on the docket daily until concluded; a case continued pending additional evidence should instead be rescheduled as soon as possible.

Continuances (defined as a proceeding which has begun and is extended for additional day(s)) should be rescheduled for the next day the Court sits and should remain on the docket day-to-day until concluded. The only exception is a case continued pending the receipt of additional evidence, which should be rescheduled as soon as possible.

Page 1 | POSTPONEMENT POLICY — CRIMINAL/CIVIL/FAMILY LAW CASES

A postponement may be granted for a previously scheduled appearance in another court, and the requesting party must attach a copy of that assignment to the motion.

A postponement may be granted when any party or attorney has an appearance in another court previously set on the date of hearing. The party requesting a postponement shall attach a copy of the other assignment to the Motion for Postponement.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

A continuance should be rescheduled for the next day the Court sits and remain on the docket day-to-day until concluded; a case continued for additional evidence should instead be rescheduled as soon as possible.

Continuances (defined as a proceeding which has begun and is extended for additional day(s)) should be rescheduled for the next day the Court sits and should remain on the docket day-to-day until concluded. The only exception is a case continued pending the receipt of additional evidence, which should be rescheduled as soon as possible.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

When the County Administrative Judge is unavailable, postponement requests go to the designated Acting Administrative Judge or, absent a written designation, to the specified judge by case type; if unavailable, the next available judge considers the request, with priority to the longest-serving judge.

In the event that the County Administrative Judge is unavailable, postponements shall be considered by the Acting Administrative Judge. If the Administrative Judge has designated an acting administrative judge in writing, that judge shall consider all postponement requests. If no written designation has been made, postponement requests are to go to Judge Theresa Adams in TPR/CINA cases, and to Judge Richard Sandy in all other cases. If Judge Adams and/or Judge Sandy are not available, then all requests are to be considered by the next available judge, with priority given to the longest serving judge.

Page 1 | ACTING ADMINISTRATIVE JUDGE

Postponements for reasons other than the most serious and unavoidable reasons will be denied.

- 4. Since the majority of hearing dates are either set in Court with counsel and the parties present, or after dates are cleared with counsel by the Assignment Office, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

Civil cases

Page 1 | POSTPONEMENT POLICY – CINA/TPR CASES

A postponement may be granted for a previously scheduled appearance in another court, and the requesting party must attach a copy of that assignment to the motion.

- 1. A postponement may be granted when any party or attorney has an appearance in another court previously set on the date of hearing. The party requesting a postponement shall attach a copy of the other assignment to the Motion for Postponement.

Civil cases

Page 1 | POSTPONEMENT POLICY – CINA/TPR CASES

Continuances should be rescheduled for the next day the Court sits and remain on the docket day to day until concluded; a case awaiting additional evidence should instead be rescheduled as soon as possible.

- 7. Continuances (defined as a proceeding which has begun and is extended for additional day(s)) should be rescheduled for the next day the Court sits and should remain on the docket day-to-day until concluded. The only exception is a case continued pending receipt of additional evidence, which should be rescheduled as soon as possible.

Civil cases

Page 1 | POSTPONEMENT POLICY – CINA/TPR CASES

A postponement may be granted when a party or attorney has a previously scheduled appearance in another court on the hearing date.

A postponement may be granted when any party or attorney has an appearance in another court previously set on the date of hearing.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

Postponements will be denied unless the reason is among the most serious and unavoidable, given that hearing dates are generally set with parties and counsel present or cleared with counsel.

Since the majority of hearing dates are set in Court with counsel and the parties present, or dates are cleared with counsel by the Assignment Office via telephone, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

A continuance should be set for the next day the Court sits and remain on the docket daily until concluded; a case continued pending additional evidence should instead be rescheduled as soon as possible.

Continuances (defined as a proceeding which has begun and is extended for additional day(s)) should be rescheduled for the next day the Court sits and should remain on the docket day-to-day until concluded. The only exception is a case continued pending the receipt of additional evidence, which should be rescheduled as soon as possible.

Civil cases

Page 1 | POSTPONEMENT POLICY — CINA/TPR CASES

The County Administrative Judge considers all postponement motions and consults the assigned judge when a case is specially assigned.

All Motions for Postponement will be considered by the County Administrative Judge. When a case is specially assigned to a Judge, the County Administrative Judge will consult with that assigned Judge regarding the Motion for Postponement.

Page 1 | POSTPONEMENT POLICY — CRIMINAL/CIVIL/FAMILY LAW CASES

If the County Administrative Judge is unavailable, a postponement motion must be referred to Judge Adams, then Judge Nicklas if both are unavailable, and then Judge Rolle if all three are unavailable.

If the County Administrative Judge is not available, either due to illness, leave, or Judicial Assignments, the Motion for Postponement shall be referred to the Honorable Theresa M. Adams. If neither the County Administrative Judge nor the Honorable Theresa M. Adams are available, the Motion for Postponement shall be referred to Honorable William R. Nicklas, Jr. If neither the County Administrative Judge nor the Honorable Theresa M. Adams, nor the Honorable William R. Nicklas, Jr. are available, the Motion for Postponement shall be referred to the Honorable Scott L. Rolle.

Page 1 | POSTPONEMENT POLICY — CRIMINAL/CIVIL/FAMILY LAW CASES

Common questions about Circuit Court for Frederick County rules

What must be included with motion for postponement filings in Circuit Court for Frederick County?

A postponement motion based on a conflicting court appearance must include a copy of the other assignment.

View ruleSource: page 1, section POSTPONEMENT POLICY – ALL CASES OTHER THAN TPR/CINA

How do I request an adjournment or extension in Circuit Court for Frederick County?

Except in emergencies, postponement requests must be filed within 30 days of the hearing date; pre-paid vacations and CLE are non-emergency matters.

View ruleSource: page 1, section POSTPONEMENT POLICY – ALL CASES OTHER THAN TPR/CINA

What filing deadlines does Circuit Court for Frederick County set?

Remote-hearing requests must be filed at least 30 days before the hearing; later requests will be considered only on an emergency basis.

View ruleSource: page 1, section REMOTE HEARING REQUESTS
Complete rules summary for Circuit Court for Frederick County

The Court may grant a postponement when a party or attorney has a previously scheduled appearance in another court on the hearing date.

A postponement motion based on a conflicting court appearance must include a copy of the other assignment.

Except in emergencies, postponement requests must be filed within 30 days of the hearing date; pre-paid vacations and CLE are non-emergency matters.

A postponement motion filed less than 30 days before the hearing must state the opposing party’s position or explain why it could not be obtained.

Since the majority of hearing dates are either set in Court with counsel and the parties present, or after dates are cleared with counsel by the Assignment Office, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

A continuance should be rescheduled for the next day the Court sits and remain on the docket daily until concluded, except a continuance awaiting additional evidence should be rescheduled as soon as possible.

A continuance should be rescheduled for the next day the Court sits and remain on the docket daily until concluded; a case continued pending additional evidence should instead be rescheduled as soon as possible.

A postponement may be granted when a party or attorney has a previously scheduled appearance in another court on the hearing date.

A Motion for Postponement based on another court appearance must include a copy of the other court assignment.

Except in an emergency, postponement requests must be filed within 30 days of the hearing date notice; pre-paid vacations and CLE are non-emergency matters.

A postponement motion filed fewer than 25 days before the hearing must state the opposing party’s position or explain why it could not be obtained.

Since the majority of hearing dates are set in Court with counsel and the parties present, or dates are cleared with counsel by the Assignment Office via telephone, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

The County Administrative Judge considers all postponement motions and consults the assigned judge when a case is specially assigned.

If the County Administrative Judge is unavailable, a postponement motion must be referred to Judge Adams, then Judge Nicklas if both are unavailable, and then Judge Rolle if all three are unavailable.

A postponement may be granted for a previously scheduled appearance in another court, and the requesting party must attach a copy of that assignment to the motion.

Except in emergencies, postponement requests must be filed within 30 days of the hearing-date notice; pre-paid vacations and CLE are non-emergency matters.

A postponement motion filed fewer than 25 days before the hearing must state the opposing party’s position or explain why it could not be obtained.

Since the majority of hearing dates are set in Court with counsel and the parties present, or dates are cleared with counsel by the Assignment Office via telephone, postponements of hearing dates for any but the most serious and unavoidable reasons will be denied.

A continuance should be rescheduled for the next day the Court sits and remain on the docket day-to-day until concluded; a case continued for additional evidence should instead be rescheduled as soon as possible.

Remote-hearing requests must be filed at least 30 days before the hearing; later requests will be considered only on an emergency basis.

When the County Administrative Judge is unavailable, postponement requests go to the designated Acting Administrative Judge or, absent a written designation, to the specified judge by case type; if unavailable, the next available judge considers the request, with priority to the longest-serving judge.

A postponement may be granted for a previously scheduled appearance in another court, and the requesting party must attach a copy of that assignment to the motion.

A motion for postponement must have a copy of the other court assignment attached when the request is based on a previously scheduled appearance there.

Except in an emergency, postponement requests must be filed within 30 days of the hearing date; prepaid vacations and CLE are identified as non-emergencies.

A postponement motion filed less than 30 days before the hearing must state the opposing party’s position or explain why it could not be obtained.

Postponements for reasons other than the most serious and unavoidable reasons will be denied.

Continuances should be rescheduled for the next day the Court sits and remain on the docket day to day until concluded; a case awaiting additional evidence should instead be rescheduled as soon as possible.

A postponement may be granted when a party or attorney has a previously scheduled appearance in another court on the hearing date.

A postponement motion must include a copy of the other court assignment.

Except in emergencies, postponement requests must be filed within 30 days of the hearing date notice; pre-paid vacations and CLE are non-emergency matters.

More Judges in Circuit Court for Frederick County

Joanie Raymond Brubaker
Judge
Julia A. Martz-Fisher
Judge
Julia A. Minner
Judge
Kathleen D. English
Judge
Richard Sandy
Judge
Scott Rolle
Judge