Harford County Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion for Postponement
- Upon Filing
Adjournments
- The State’s Attorney may move to extend a grand jury’s term so it can complete an investigation specified in the judge’s order.
- To reschedule, the requesting party or attorney must obtain an agreed date within 21 days of the original conference date; if the parties cannot agree within that time, the requester must file a written request with the Clerk’s Office explaining the reason for postponement and why a date cannot be set within 21 days.
- Hearing dates set at the Scheduling Conference will not be postponed unless extraordinary reasons exist.
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Request must include
- A party or attorney unable to attend must contact the magistrate’s chambers at least seven days beforehand to obtain a new date or time; failure to notify or appear may result in an unmodifiable Scheduling Order or dismissal if the plaintiff fails to appear.
- A party or attorney unable to attend must contact the assigned judge’s chambers at least seven days in advance, coordinate an agreed date within 21 days, and submit a written request explaining the postponement and why that timeframe cannot be met if no date is agreed.
Communication
Phone
Document Format Requirements4 rules
For a multi-page document, each page should be numbered prior to the exhibit being filed.
- Exhibits
Formatting
- •For a multi-page document, number each page before filing the exhibit
Each proposed exhibit shall be filed separately.
Prior to filing the proposed exhibit it should be marked to reflect the party offering the exhibit and the number (e.g. P1, D1, State 1, Pet. 1 or Resp. 1). The numbers on the exhibits should be consistent with the numbers assigned on the Exhibit List;
Requests must be made on the approved Civil Motion for Postponement Form.
Document Filing Requirements91 rules
Juror qualification forms must request the listed contact, employment, and accommodation information.
Court's wording
In addition to the questions set forth under CJ § 8-302(a), the juror qualification form shall ask for: (i) home, work, and cellular telephone numbers; (ii) name of employer; (iii) electronic mail address(es); and (iv) need for an accommodation under the federal Americans with Disabilities Act.
A party requesting a remote proceeding or for a party/witness to appear remotely must file a motion in accordance with Maryland Rules 21-201, 21-301 and 3-513.1.
With existing cases, update your contact information by filing with the Clerk of the Court your email address and telephone number.
Attorneys and self-represented litigants: With all initial filings, add your email address to your contact information and the telephone number you can be reached at on the day of the hearing.
Witnesses: Prior to the hearing the attorneys and self-represented litigants should file with the Clerk of the Court a list of witnesses, with full names, email addresses and telephone numbers.
File with the Clerk of the Court, an Exhibit List that lists all the exhibits being offered by the party, which includes the name of the exhibit and the exhibit number;
If an exhibit is a video, audio recording or non-documentary item, prior to the start of the hearing the party offering the exhibit must take steps to have the exhibit delivered to the judge/magistrate, except as otherwise ordered by the judge/magistrate.
If the remote hearing concerns a pending motion, prior to the hearing the parties shall prepare and file proposed orders with the Clerk of the Court.
- Document
- Motion
Must include
- •Proposed order
If a witness lacks video access, the attorney or self-represented litigant must file a request for the witness to appear by telephone.
Court's wording
In the event a witness (including a party who will be testifying) does not have access to video function, the attorney or self-represented litigant must file a request with the Court to have the witness appear telephonically prior to the scheduled hearing.
For a guilty plea, the attorney must review the WOR with the Defendant before the hearing; both must sign it, and the attorney must file it with the Clerk before the hearing.
Court's wording
If the criminal proceedings involves a guilty plea, the attorney must review the Waiver of Rights (WOR) form with the Defendant prior to the hearing, and: 1) the Defendant must initial and sign the WOR; 2) the attorney must also sign the WOR and; 3) the attorney must file it with the Clerk of the Court before the hearing.
Track designations are set at filing. A plaintiff, or plaintiff’s attorney, is required to designate a track for selected case types that may have multiple track options, based on the characteristics of the case. The track designation must be indicated on the Circuit Court Domestic Case Information form which must accompany the filing.
Most family cases must attach a completed Domestic Case Information Form to the complaint, except for the listed exempt subtypes.
Court's wording
Most family cases are required to attach a completed Domestic Case Information Form (CC-DCM-001), with the complaint. Family case subtypes exempt from filing the Domestic Case Information Form include the following: Contempt for failure to pay child support, when filed by a government agency Domestic violence relief under Code, Family Law Article, §§ 4-501 through 4- 516, including Rule 3-326(c) transfer Guardianship, other than action to terminate parental rights (Md. Rules 10- 201 through 10-305) Paternity, when filed by government agency (Code, Family Law Article, §§ 5- 1001 through 5-1048)
File a complaint with the Court (Md. Rule 2-111) at the Circuit Court Clerk’s office.
In addition, if the defendant seeks to modify any information on the original case information report, or expects to file a counterclaim, cross-claim, or third-party claim, he or she is required to file with the Answer a Domestic Case Information report.
The request shall contain the reason for the postponement and why a new date cannot be set within the 21-day timeframe pursuant to the case time standards.
the initial drafts must be provided to the settlement judge for use in the Settlement Conference.
In advance of any Pretrial Settlement Conference, attorneys and self- represented parties are required to prepare and exchange initial drafts of a Maryland Rule 9-207 Joint Statement of Parties Concerning Marital and Non-Marital Property in all cases with contested issues involving marital property.
In advance of any Pretrial Settlement Conference, attorneys and self- represented parties are required to prepare and exchange proposed Child Support Guidelines in all cases with contested child support issues.
The draft guidelines must be provided to the settlement judge for use in the Settlement Conference.
However, a matter will not be removed from the calendar until an executed agreement is submitted to the Court; otherwise, parties and attorneys must appear to place the settlement agreement on the record.
If the case is not resolved by way of settlement or an agreement to have the issues submitted to some form of ADR, and the case is ready for trial, the judge shall coordinate an agreed trial date within case time standards, and enter it into the order.
The Family Law Pretrial Order shall set the deadline for filing any dispositive motions.
If a case is not settled at the Pretrial Conference, the Court shall enter an order that recites in detail the decisions made at the Pretrial Conference.
In completing the Family Law Pretrial Order, the judge shall specify the anticipated length of trial, number of witnesses, and number of experts.
To seek enforcement, the prevailing party must file any required forms with the court,
The prevailing party must file documents with the court and provide the other party with copies of all motions or correspondence filed with the court in order to garnish or seize money or property.
And, a party seeking relief must certify in accordance with Md. Rule 1-351 that notice of the time and place of presentment of ex parte has been provided to the opposing party.
A motion to shorten time or extend time for the response of the opposing party is also required in accordance with Md. Rule 1-204.
If any party becomes aware of the need for an interpreter for any party or witness, the party shall promptly notify the court by filing in the Clerk’s Office the Request for Spoken Language Interpreter form, which is available on the Court’s web site at least 30 days prior
- Document
- Interpreter request
Must include
- •Request for Spoken Language Interpreter form
If agreement is not reached in full, the parties are required to complete a joint statement listing the unresolved issues, and to file it with the court prior to a trial date.
- Document
- Joint statement
Must include
- •Listing the unresolved issues
If acceptable, the Parenting Plan document is submitted to the Court and a request is made that the Court issue a Consent Order that incorporates the terms of the Parenting Plan.
Once the Parenting Plan document is signed by both parties, it is submitted to the Court and a request is made that the Court issue a Consent Order that incorporates the terms of the Parenting Plan.
After the detention hearing, the SAO must file a delinquency petition with the Court.
Court's wording
After the detention hearing, the SAO will file with the Court a delinquency petition, and will send copies to the OPD or attorney representing the respondent, and to the respondent if he or she does not have legal representation.
At the hearing the DSS will file a Petition for Continued Shelter Care and CINA.
If at any time the child’s permanency plan is changed to adoption, the juvenile court will order the DSS to file a Petition for Guardianship.
For selected case types with two track options, the plaintiff or plaintiff’s attorney must designate a track on the Civil Case Information form accompanying the filing.
Court's wording
Track designations are automatically set at filing. The plaintiff, or plaintiff’s attorney, is required to designate a track for selected case types that may have two different track options. The track designation will be made on the Circuit Court Civil Case Information form required to accompany the filing.
Case types 10-21 require a case information sheet to be filed with the complaint and answer.
Requests for interpreters must be specific as to the language and, if appropriate, the particular dialect that may be needed. The request must also specify for whom the interpreter is needed.
A party who becomes aware that an interpreter is needed must promptly notify the court by completing the Request for Spoken Language Interpreter form.
Court's wording
If any party becomes aware of the need for an interpreter for any party or witness, the party shall promptly notify the court by downloading and completing the Request for Spoken Language Interpreter, available at: http://mdcourts.gov/courtforms/joint/ccdc041.pdf.
A completed Case Information Form must accompany complaints in most civil subtypes and must be filed in all non-family civil matters except those identified in the cited Committee Note.
Court's wording
(a) File a complaint, attaching a completed Case Information Form (CC-DCM-002), with the court (Md. Rule 2-111) for most civil case subtypes. The Case Information Form shall be filed in all civil (non-family) matters with the exception of the case types noted in the "Committee Note" accompanying Md. Rule 2-111(a).
In addition, if the defendant seeks to modify any information on the original case information report, or expects to file a counterclaim, crossclaim, or third-party claim, the defendant is required to file with the Answer a defendant’s information report.
A settlement agreement is enforceable only if both parties file a consent agreement with a request for judgment.
Court's wording
Two parties may settle a case at any time leading up to the trial date. When a case has been settled the dispute is resolved, although the agreement between the two parties is only enforceable if both parties file a consent agreement with a request for judgment.
Parties and attorneys must submit a trial readiness checklist at the pretrial settlement conference or at least 3 weeks before trial to the coordinator’s office.
including any substance of the findings and opinions, grounds for each opinion on which the expert is expected to testify, as well as copies of all reports received from each expert witness. Under no circumstances may this information be withheld.
For those cases that go to trial, a Pretrial Order governing the further handling and trial shall be prepared.
Counsel or the parties shall be directed to prepare and file, no later than five business days prior to the Pretrial Settlement Conference, a written statement, in accordance with Md. Rule 2-504.2.
The State’s Attorney must file the indictment or information and a completed case information form with the Clerk.
Court's wording
The State’s Attorney files the indictment or information and a completed case information form (which details the estimated length of trial, number of peremptory challenges, need for an interpreter and other pertinent case information) with the Clerk.
If the case is not resolved, counsel must present voir dire, motions in limine, and proposed jury instructions to the trial judge by the end of the day.
Court's wording
If a resolution is not reached, the judge reviews all items on the trial readiness checklist with counsel (discovery is completed; motions requiring pre-trial ruling have been resolved; availability of all witnesses has been confirmed; good faith plea negotiations have proved unsuccessful; both sides are prepared for trial; special needs such as for an interpreter or particular courtroom equipment have been addressed), discusses any evidentiary or logistical issues, and instructs counsel to present their voir dire, motions in limine and proposed jury instructions to the trial judge by the end of the day.
The postponement form must provide the event and proposed date, specified 180-day information and any required signed waiver, the opposing party’s position, the requester’s signature, and a signed certificate of service.
- Document
- Postponement form
Must include
- •Certificate of service
Court's wording
The postponement form requires and must contain the following information: (1) the date and type of case event the party wants to postpone; (2) the proposed new date to which the opponent either has agreed in the initial scheduling order or one which was not previously reserved, but to which the opponent has agreed during the discussion of the postponement request and which has been cleared with Criminal Assignment; (3) the date of the 180th day from the earlier of the entry of appearance of counsel or the first appearance of the defendant pursuant to Md. Rule 4-213(c); (4) if the defendant is making the postponement request or if the proposed trial date will take the case beyond the 180 day window, the defendant’s signed waiver of his right to be tried within 180 days pursuant to Md. Rule 4-271; (5) a statement of the position of the opposing party regarding the postponement request; (6) the signature of the attorney or party requesting the postponement; and (7) a completed and signed certificate of service of a copy of the request on the opposing party.
A prosecutor, defense attorney, or self-represented defendant who learns an interpreter is needed must promptly file the Request for Interpreter Form with the Clerk, specifying the language and any needed dialect and identifying the person who needs the interpreter.
Court's wording
A prosecutor, defense attorney or a self-represented defendant who becomes aware of the need for an interpreter for any party or witness shall promptly complete and file with the Clerk of the Court the Request for Interpreter Form (see attached). Requests for Page | 19 The Circuit Court for Harford County, Maryland Circuit 3 Criminal Differentiated Case Management Plan _________________________________________________________________________________________________________ interpreters must be specific as to the language and, if appropriate, the particular dialect in which fluency is required. The request must also identify the individual who is in need of the interpreter’s services.
If you agree on a parenting plan, file it with the court.
If the other party does not agree: Compose a written statement that explains why you did not sign the joint statement and file both statements with the court.
At least 15 days before the due date, the plaintiff(s) should sign and serve the other party with a proposed joint statement.
If the other party agrees: Sign the joint statement and file it with the court.
At least 30 days before the due date, prepare a proposed joint statement and serve it on the other party/parties.
If you are not able to agree on a comprehensive parenting plan (for example, you agree on some but not all issues important to your family), complete the Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time (CC-DR-110).
If you and the other party/parties cannot agree on a comprehensive parenting plan, complete a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time (form CC-DR-110).
You must file a Notice Regarding Restricted Information Pursuant to Rule 20-201.1 (form MDJ-008) with this submission.
For a guardianship with more than one guardian, however, any report required by law generally needs to be signed by all co-guardians.
The Petition must state the kind of guardian being requested: guardian of the person, guardian of the property, or both.
Interpreter cases - the WOR will be done on the record with the interpreter.
A written request to change a track assignment must state why a different assignment is needed.
Court's wording
An attorney or a party who disagrees with the designated track assignment, may file a request in writing with the Clerk’s Office for a change in the track, stating the reason(s) why a different track assignment is needed.
The Court may decide exceptions without a hearing unless a party files a written request for a hearing.
Requests for interpreters must be specific as to the language and, if appropriate, the particular dialect that may be needed. The request must also specify for whom the interpreter is needed.
The following form is used to request a change in a scheduled hearing or trial at the Circuit Court. CC-DC-070 Motion for Postponement
The listed forms may be required with a family-case complaint or to complete filing and service.
Court's wording
The following forms may be required to be attached a complaint in family cases, or to complete a filing and service. CC-DCM 002 Domestic Case Information Form CC-DR-55 Affidavit of Service of Process CC-DR-56 Affidavit of Service (Certified Mail) CC-DC-089 Request for Waiver of Prepaid Costs
Filing & Service rules
Electronic Filing Rules
Attorneys are required to file electronically.
Attorneys are required to electronically file.
Civil cases
Page 11 | All Civil Cases (Case Initiation)
If electronic filing is available in the jurisdiction, a plaintiff may file the case and pay the fee electronically using MDEC.
If/when electronic filing is available in this jurisdiction, a plaintiff may also electronically file a case and pay the filing fee using MDEC.
Civil cases
Page 8 | File a Case
A registered plaintiff may electronically file a case and pay the filing fee through MDEC if electronic filing is available in the jurisdiction.
If/when electronic filing is available in this jurisdiction, a plaintiff may also electronically file a case and pay the filing fee using the Maryland Electronic Courts (MDEC), if registered.
Civil cases
Page 11 | All Civil Cases (Case Initiation)
Filing Timing and Cure Windows
Witnesses: Prior to the hearing the attorneys and self-represented litigants should file with the Clerk of the Court a list of witnesses, with full names, email addresses and telephone numbers.
Witnesses: Prior to the hearing the attorneys and self-represented litigants should file with the Clerk of the Court a list of witnesses, with full names, email addresses and telephone numbers.
Page 1 | GUIDELINES AND PROCEDURES FOR REMOTE HEARINGS
The parties must prepare and file proposed exhibits with the Clerk at least two days before the hearing.
At least two days prior to a hearing, the parties shall prepare and file with the Clerk of the Court proposed exhibits as follows:
Page 2 | GUIDELINES AND PROCEDURES FOR REMOTE HEARINGS
Proposed orders for a remote hearing concerning a pending motion must be filed before the hearing.
If the remote hearing concerns a pending motion, prior to the hearing the parties shall prepare and file proposed orders with the Clerk of the Court.
Page 2 | GUIDELINES AND PROCEDURES FOR REMOTE HEARINGS
The request for a witness to appear by telephone must be filed before the scheduled hearing.
In the event a witness (including a party who will be testifying) does not have access to video function, the attorney or self-represented litigant must file a request with the Court to have the witness appear telephonically prior to the scheduled hearing.
Page 2 | GUIDELINES AND PROCEDURES FOR REMOTE HEARINGS
For a guilty plea, the attorney must file the signed WOR with the Clerk before the hearing.
If the criminal proceedings involves a guilty plea, the attorney must review the Waiver of Rights (WOR) form with the Defendant prior to the hearing, and: 1) the Defendant must initial and sign the WOR; 2) the attorney must also sign the WOR and; 3) the attorney must file it with the Clerk of the Court before the hearing.
Page 3 | Criminal Cases/Juvenile Delinquency
A request to change a track designation must be made within 30 days of the first answer.
All requests to change a track designation must be made within 30 days of the first answer.
Civil cases
Page 3 | Family Differentiated Case Management Plan
If the court denies the request to waive prepaid costs, the plaintiff has 10 days to pay the filing and other required fees.
If the court does not grant the request to waive prepaid costs, the plaintiff has 10 days to pay the filing and other required fees (prepaid costs).
Civil cases
Page 8 | File a Case
For most Circuit Court family law case subtypes, the defendant must file an affirmative Answer, typically within 30 days after service of the summons.
The defendant must file an affirmative Answer, typically within 30 days after service of a summons, for most Circuit Court family law case subtypes (Md. Rule 2-321).
Civil cases
Page 9 | Answer
An exceptions hearing must be held within 60 days after the exceptions are filed, unless the parties agree otherwise in writing.
A hearing will be held within 60 days of the filing of the exceptions unless the parties otherwise agree in writing.
Civil cases
Page 16 | Exceptions Hearings
Parties have 30 days to file a motion for reconsideration.
30 days to file a motion for reconsideration,
Civil cases
Page 17 | Post-Judgment
Parties have 30 days to file an appeal.
and 30 days to file an appeal.
Civil cases
Page 17 | Post-Judgment
Parties have 10 days to file a motion to alter or amend a judgment.
The parties have 10 days to file a motion to alter or amend a judgment (Md. Rule 2-534);
Civil cases
Page 17 | Post-Judgment
For post-judgment filings, the judgment’s operative date is when the Clerk’s Office enters it into the case management system.
The operative date of the judgment for post-judgment filings is the date the Clerk’s Office enters the judgment into the case management system (Md. Rule 2-601).
Civil cases
Page 17 | Final Order/Judgment
The joint statement must be filed with the court before a trial date.
If agreement is not reached in full, the parties are required to complete a joint statement listing the unresolved issues, and to file it with the court prior to a trial date.
Civil cases
Page 1 | Family Law Mediation Program
The SAO must provide discovery within five days after the earlier of counsel’s appearance or waiver of counsel.
Pursuant to the rule, the SAO shall provide discovery to the respondent within five days after the earlier of the appearance of counsel or the waiver of counsel.
Page 13 | 3. Procedures relevant to all delinquency cases — a. Discovery
A hearing on a motion to compel discovery must be held within three days after the motion is filed.
In accordance with Md. Rule 11-109(a)(7) a hearing on the motion shall be held within three days after the motion is filed.
Page 13 | 3. Procedures relevant to all delinquency cases — a. Discovery
If the Waiver Petition is denied, the case must be brought to adjudication within 30 days.
If the Waiver Petition is denied, then the case will be brought to adjudication within 30 days.
Page 14 | 3. Procedures relevant to all delinquency cases — c. Waiver Hearing and Transfers of Jurisdiction from the Circuit Court
The VOP hearing must be scheduled no later than 30 days after the arraignment hearing.
The VOP hearing will be scheduled no later than 30 days from the arraignment hearing.
Page 14 | 3. Procedures relevant to all delinquency cases — d. Violations of Probation
The SAO must file a delinquency petition within 10 days of the Circuit Court’s reverse-waiver order.
The SAO must file a delinquency petition within 10 days of the Circuit Court’s Order granting the reverse waiver.
Page 14 | 3. Procedures relevant to all delinquency cases — c. Waiver Hearing and Transfers of Jurisdiction from the Circuit Court
The juvenile clerk will schedule a competency hearing within 60 days of the initial evaluation order.
To ensure compliance with the time frames required by CJP § 3-8A-17.3 the juvenile clerk will schedule a competency hearing within 60 days of the Court’s initial order for evaluation.
Page 15 | e. Competency Hearing
The competency evaluation report must be completed and filed within 45 days after the initial evaluation order is issued.
Once an evaluation is ordered, in accordance with CJP § 3-8A-17.3, the evaluation report must be completed and filed with the Court within 45 days after the initial order of evaluation is issued, and once the report is received by the Court a hearing on competency must be held within 15 days, unless for good cause shown the time periods are extended.
Page 15 | e. Competency Hearing
The SAO must object within 15 days of a DJS probation-termination request to obtain a hearing; without an objection, no hearing is scheduled and the juvenile magistrate grants the request.
If the DJS files a request to terminate probation, a hearing on the request will not be scheduled unless an objection is filed by the SAO within 15 days of the request being filed. If the SAO does not file an objection, no hearing will be scheduled and the juvenile magistrate will grant the request and the probation will be terminated.
Page 16 | g. Modification or Termination Hearing
If the SAO objects to a DJS request to terminate probation, the hearing must be held within 30 days after the objection is filed.
If an objection is filed, the juvenile clerk will schedule a hearing, which will be held within 30 days after the SAO files its objection.
Page 16 | g. Modification or Termination Hearing
Exceptions to the juvenile magistrate’s report and recommendation must be filed within five days after service on a party.
Exceptions must be filed within five days after the juvenile magistrate’s report is served upon a party.
Page 16 | h. Exceptions
If the child is returned home after the shelter care hearing, schedule the adjudicatory hearing within 60 days.
If after the shelter care hearing the child is returned to his/her home, the adjudicatory hearing will be scheduled within 60 days.
Page 19 | Track 4 – CINA Shelter Care; Scheduling
Schedule a shelter care hearing on the day of emergency removal or the next day the court is in session.
Upon the emergency removal of a child from his/her home, a shelter care hearing will be scheduled before the juvenile court either the same day as removal or the next day the court is in session.
Page 19 | Track 4 – CINA Shelter Care; Scheduling
After the initial review, hold review hearings at least every six months until the CINA determination is terminated.
Thereafter, review hearings will be held at least every 6 months until a CINA determination is terminated.
Page 19 | Track 4 – CINA Shelter Care
If the child remains in shelter care, schedule adjudication within 30 days of removal; if the allegations are proven, hold disposition the same day unless good cause supports a delay of 30 days from adjudication.
If after the shelter care hearing the child is continued in shelter care, an adjudicatory hearing will be scheduled within 30 days of when the child was removed from the home, and if the allegations in the petition are proven, a disposition hearing will be held on the same day, unless for good cause shown it is delayed for 30 days from the adjudicatory hearing.
Page 19 | Track 4 – CINA Shelter Care; Scheduling
If CINA is determined, a review hearing must be scheduled within six months after the petition was filed.
If a CINA determination is made, a review hearing will be scheduled within 6 months of when the CINA Petition was filed to determine if the child in still CINA.
Page 19 | Track 4 – CINA Shelter Care
Track 4 cases will be concluded within 30 days of a child’s continual placement in shelter care.
Track 4 cases will be concluded within 30 days of a child’s continual placement in shelter care.
Page 19 | Track 4 – CINA Shelter Care; Scheduling
An order for continued shelter care may last no more than 30 days pending adjudication.
If continued shelter care is ordered, it will only be ordered for no more than 30 days, pending adjudication.
Page 20 | Track 4 – CINA Shelter Care; Shelter Care Hearing
Set the adjudicatory hearing within 30 days of the shelter care hearing.
The adjudicatory hearing will be set within 30 days of the shelter care hearing.
Page 20 | Track 4 – CINA Shelter Care; Shelter Care Hearing
Hold the shelter care hearing on the removal date or the next day the circuit court is in session.
The Shelter Care Hearing will be held on either the same date the child is removed from the home or the next day the circuit court is in session.
Page 20 | Track 4 – CINA Shelter Care; Shelter Care Hearing
A TPR must be scheduled no later than six months after the Petition for Guardianship is filed.
Thereafter, a TPR will be scheduled no later than 6 months of the filing of the Petition for Guardianship.
Page 23 | Other Related CINA Procedures
If the change to adoption is not supported, the referenced Guardianship step is due within 60 days.
otherwise, within 60 days.
Page 23 | Other Related CINA Procedures
The referenced Guardianship step is due within 30 days of the court’s order if the change to adoption is supported.
Guardianship within 30 days of the court’s order if it supports the change to adoption
Page 23 | Other Related CINA Procedures
The trial date will be scheduled within 180 days after the petition is filed.
The trial date will be scheduled within 180 days from the filing of the petition.
Page 24 | Scheduling Procedures
A TPR case is to be concluded within 180 days after the petition is filed.
TPR cases are to be concluded within 180 days of the filing of the petition.
Page 24 | Track 5 – TPR
The juvenile clerk will schedule a status conference within 60 days after the petition is filed.
After the petition is filed, the juvenile clerk will schedule a status conference within 60 days of the filing of the petition.
Page 24 | Scheduling Procedures
After the initial guardianship review hearing, the Court is required to review cases annually, no later than 365 days from initial guardianship review; however, to ensure timely termination of the guardianship, the review hearings will be scheduled every six months.
After the initial guardianship review hearing, the Court is required to review cases annually, no later than 365 days from initial guardianship review; however, to ensure timely termination of the guardianship, the review hearings will be scheduled every six months.
Page 27 | Initial Guardianship Review Hearing and Subsequent Reviews
The initial guardianship review hearing must be scheduled within six months of the final guardianship order.
The initial guardianship review hearing will be scheduled within 6 months of the Final Order for Guardianship.
Page 27 | Initial Guardianship Review Hearing and Subsequent Reviews
Service and Proof of Service Rules
by first class United States mail to address;
by first class United States mail to address;
Page 3 | F. Juror Qualification
If a person does not respond to service by mail, the summons must be served personally by the Sheriff.
on failure to respond to service by mail, personally by the Sheriff.
Page 3 | F. Juror Qualification
The plaintiff must complete an Affidavit of Service (CC-DR-55); if proof is not received within the time allowed for an Answer, the plaintiff may be unable to present the case at trial.
(d) Proof of Service. The court requires that the plaintiff fill out an Affidavit of Service (CC-DR-55) form to prove that the other side has been notified, or served. If the Court does not receive proof of service within the time allotted for the defendant to file an Answer, the plaintiff may not be able to present their case on the trial date.
Civil cases
Page 9
The original complaint and summons must be delivered to the defendant by certified mail, private process, the sheriff, or hand-delivery by someone other than the plaintiff.
The following documents must be delivered to the defendant: original complaint and summons. There are four legal ways to deliver these documents to the defendant: 1) Certified Mail, 2) Private Process; 3) Sheriff; and 4) hand-delivery by someone other than the Plaintiff.
Civil cases
Page 9
The defendant must be served within 60 days; after that, the summons is invalid unless the plaintiff renews it by motion.
60-day time limit to serve the defendant. After the time limit has expired, the summons is no longer valid, unless renewed by motion of the plaintiff.
Civil cases
Page 9
A prevailing party seeking to garnish or seize money or property must provide the other party copies of all motions or correspondence filed with the court.
The prevailing party must file documents with the court and provide the other party with copies of all motions or correspondence filed with the court in order to garnish or seize money or property.
Civil cases
Page 18 | Enforcement
At arraignment, the juvenile clerk must serve the respondent and the respondent’s parents with notice of the adjudication hearing.
At the arraignment, the juvenile clerk will schedule the adjudication hearing and will serve the respondent and his/her parent(s) with notice of the hearing.
Page 7
At arraignment, the juvenile magistrate must ensure the respondent and the respondent’s parents have been served with the delinquency petition.
At the arraignment hearing, the juvenile magistrate will ensure that a respondent and parent(s) have been served with the delinquency petition, and will advise the respondent and parent(s) of the allegations contained in the petition and of the respondent’s right to an attorney, including representation by the OPD.
Page 7
The DJS must give the respondent and the respondent’s parents oral or written notice of the detention hearing’s date and time.
The DJS will provide notice, oral or written, to the respondent and the respondent’s parent(s) regarding the date and time of the detention hearing.
Page 9 | 2. Track 2 – Detention Cases; B. Detention Hearing
At the detention hearing, the juvenile clerk must notify the respondent and the respondent’s parents of the arraignment and adjudication hearings.
At the detention hearing, the juvenile clerk will provide notice of the arraignment hearing to the respondent and parent(s), as well as notice of the adjudication hearing.
Page 10 | 2. Track 2 – Detention Cases; B. Detention Hearing
The SAO must send copies of the delinquency petition to the OPD or the respondent’s attorney, and to the respondent if unrepresented.
After the detention hearing, the SAO will file with the Court a delinquency petition, and will send copies to the OPD or attorney representing the respondent, and to the respondent if he or she does not have legal representation.
Page 10 | 2. Track 2 – Detention Cases; B. Detention Hearing
The juvenile clerk must set the adjudicatory hearing and serve notice of it on all parties.
At the initial advisement hearing, the juvenile clerk will set an adjudicatory hearing and all parties will be served with notice of the adjudicatory hearing.
Page 17 | b. Initial Advisement Hearing
DSS must notify the parents of the shelter care hearing’s date and time.
The DSS will provide notification of the date and time of the shelter care hearing to the parent(s).
Page 19 | Track 4 – CINA Shelter Care; Scheduling
All interested parties must be served with a copy of the Petition.
All interested parties will be served with a copy of the Petition.
Page 20 | Track 4 – CINA Shelter Care; Shelter Care Hearing
If disposition is scheduled later, its date must be selected at adjudication and the clerk must notify all parties.
If the disposition hearing is scheduled for a later date, a hearing date will be selected at the adjudicatory hearing and the juvenile clerk will provide notice to all the parties of the disposition hearing date.
Page 21 | Juvenile Cases
DSS must provide the Permanency Plan to all parties and the Court at least 10 days before the permanency planning hearing.
At least 10 days before the permanency planning hearing, the DSS will provide all parties and the Court with a copy of the Permanency Plan.
Page 22 | Permanency Review Hearing and Planning Hearing
Unless the Court orders otherwise, the show cause order must be served within 90 days on the listed recipients.
Unless otherwise ordered by the Court, the show cause order must be served within 90 days on the child’s attorney, parents and their attorney(s), as well as the parent’s last attorney of record in the CINA case.
Page 24 | Scheduling Procedures
The Respondent must receive hearing notice by summons, including a copy of the Peace Order request.
Notice of the hearing will be sent to the Respondent by summons, which will include a copy of the Peace Order request.
Page 28 | Peace Orders
DSS must issue summons for all interested parties to the voluntary placement hearing.
The DSS will issue summons for all interested parties.
Page 28 | Voluntary Placements
The summons must be served on the defendant within 60 days and expires after that period unless the plaintiff requests renewal in writing.
There is a 60-day time limit to serve the summons on the defendant. After the time limit has expired, the summons is no longer valid, unless renewed by written request of the plaintiff.
Civil cases
Page 11 | All Civil Cases (Case Initiation)
The plaintiff must attempt to notify the defendant that a complaint has been filed.
The plaintiff is required to attempt to notify the defendant that a complaint (lawsuit) has been filed against the defendant.
Civil cases
Page 11 | All Civil Cases (Case Initiation)
The original complaint, summons, and Case Information Form must be delivered to the defendant by certified mail, private process, or sheriff.
The original complaint, summons, and Case Information Form must be delivered to the defendant. There are three primary ways to deliver these documents to the defendant: 1) Certified Mail, 2) Private Process; and 3) Sheriff.
Civil cases
Page 12 | All Civil Cases (Case Initiation)
The plaintiff must complete the specified Affidavit of Service, and the court warns that failure to provide proof within the defendant's 30-day answer period may prevent presentation of the case at trial.
The court requires that the plaintiff fill out an Affidavit of Service (CC-DR-55 or CC-DR-56) form to prove that the other side has been notified, or served. If the court does not receive proof of service within the time allotted (30 days, see Answer below) for the defendant to file an Answer, the plaintiff may not be able to present his or her case on the scheduled trial date.
Civil cases
Page 12 | Proof of Service
The defendant must be served with notice of the scheduling conference date at the pre-trial release hearing.
the defendant is served with notice of the scheduling conference date at the pre-trial release hearing.
Criminal cases
Page 3 | Initial Appearance
When a self-represented defendant requests a jury trial on the District Court trial date, the clerk or bailiff serves a summons with separate arraignment and initial pre-trial conference dates, and the defendant signs it to acknowledge notice.
When a self-represented defendant prays a jury trial on the trial date in District Court, the courtroom clerk and/or bailiff in the District Court serves on the defendant a circuit court summons for separate dates for arraignment and for initial pre-trial conference. The defendant signs the summons to acknowledge notice of both dates.
Criminal cases
Page 11 | Case initiation
When counsel requests a jury trial on the District Court trial date, the clerk or bailiff serves the defendant with an initial pre-trial conference summons, gives counsel a copy, and counsel and the defendant sign the summons to acknowledge notice.
When counsel prays a jury trial on the trial date in District Court on behalf of a defendant, the courtroom clerk and/or bailiff in the District Court serves on the defendant a Circuit Court summons for initial pre-trial conference and provides a copy to counsel. Both Page | 11 The Circuit Court for Harford County, Maryland Circuit 3 Criminal Differentiated Case Management Plan _________________________________________________________________________________________________________ counsel and the defendant sign the summons to acknowledge notice of the initial pre-trial conference date.
Criminal cases
Page 11 | Case initiation
A postponement request must include a completed and signed certificate showing service of a copy on the opposing party.
(7) a completed and signed certificate of service of a copy of the request on the opposing party.
Criminal cases
Page 16 | Postponement Policy in Criminal Cases
At least 15 days before the due date, the plaintiff(s) should sign and serve the other party with a proposed joint statement.
At least 15 days before the due date, the plaintiff(s) should sign and serve the other party with a proposed joint statement.
Page 5 | Other important dates to remember
Serve the proposed joint statement on the other party or parties at least 30 days before the due date.
At least 30 days before the due date, prepare a proposed joint statement and serve it on the other party/parties.
Page 5 | Other important dates to remember
The juvenile clerk will send arraignment docket notices to the SAO, OPD, and DJS.
The juvenile clerk will send notices of the arraignment docket to the SAO, Office of the Public Defender (OPD) and Department of Juvenile Services (DJS).
Page 6 | Track 1 – Non-Detention Cases; Scheduling
If service or securing the respondent’s arraignment appearance is unsuccessful, the juvenile clerk will notify the magistrate, who will determine the appropriate steps to effect service and secure appearances.
If the Sheriff is unsuccessful in serving the parent(s) and/or securing the presence of the respondent for the arraignment, the juvenile clerk will notify the juvenile magistrate who will make a determination regarding the appropriate steps to effectuate service and have the parent(s) and/or respondent appear.
Page 6 | Track 1 – Non-Detention Cases; Arraignment
The SAO will issue a summons for service by the Sheriff’s Office on the respondent and parent(s), notifying the parent(s) to appear at arraignment and produce the respondent.
The SAO will issue a summons to be served by the Sheriff’s Office on the respondent’s parent(s) and respondent, which will notify the parent(s) to appear for the arraignment and produce the respondent.
Page 6 | Track 1 – Non-Detention Cases; Arraignment
At arraignment, the VOP hearing must be scheduled and the respondent must be served with notice of it.
At the arraignment, the VOP hearing will be scheduled and the respondent will be served with notice of the VOP hearing.
Page 14 | 3. Procedures relevant to all delinquency cases — d. Violations of Probation
After judgment is issued and entered into the case management system, both parties will receive a copy by mail.
After the Court issues a judgment and it is entered into the case management system by the Clerk’s Office, both parties will receive a copy of the judgment by mail.
Civil cases
Page 17 | Enforcement
Scheduling orders are mailed to attorneys and parties.
Attorneys and parties are notified of scheduling orders by mail.
Civil cases
Page 13 | Scheduling Order
Filing Fees and Waivers
The filing fee for divorce cases is $165.00.
The filing fee for divorce cases is $165.00. (See Divorce, Complaint for Limited or Absolute.)
Civil cases
Page 8 | File a Case
A filing fee must be paid when filing a family case; the referenced court fee summary provides the applicable fees.
Pay filing fee. Refer to the Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court for fees.
Civil cases
Page 8 | File a Case
A prevailing party seeking enforcement must pay any filing fees that are required.
pay any required filing fees,
Civil cases
Page 17 | Enforcement
The filing fee for most civil complaints is $165.00; consult the referenced Summary of Charges, Costs, and Fees for applicable fees.
Pay the filing fee. Refer to the Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court for fees. The filing for most civil complaints is $165.00. (See Civil, New Case.)
Civil cases
Page 11 | All Civil Cases (Case Initiation)
The court may waive filing fees based on a plaintiff’s waiver request, representation by a civil legal aid lawyer, or another court determination.
Filing fees may be waived by the court, based on the following conditions: Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089); and/or Representation by a civil legal aid lawyer; and/or Other determination by the court.
Civil cases
Page 8 | File a Case
The Court may waive filing fees based on filing the specified waiver request, representation by a civil legal aid lawyer, or another Court determination.
Filing fees may be waived by the Court, based on the following conditions: Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089); Representation by a civil legal aid lawyer; and/or Other determination by the Court.
Civil cases
Page 11 | All Civil Cases (Case Initiation)
Courtesy Copy Requirements
Do not send an original postponement motion directly to the CAJ; a courtesy copy may be provided after the original is filed with the coordinator’s office.
Do not send original Motions for Postponement directly to the CAJ. Courtesy copies may be provided once the original motion is filed with the coordinator’s office.
Civil cases
Page 8 | Postponements
Pre-Motion Conference Requirements
Pre-trial motions are heard according to the scheduling order; when a later-filed motion requires a hearing, the Criminal Assignment office coordinates a date before trial.
Pre-trial motions are heard as set in the scheduling order. If a hearing is required for motions which are filed after the motions hearing date for the case, the Criminal Assignment office will coordinate a date in advance of the scheduled trial date.
Criminal cases
Page 7 | Pre-trial motions
Motions in limine concerning trial evidence or logistics are brought to the primary judge at the pre-trial conference and decided by the trial judge.
Motions in limine regarding evidentiary and logistical issues for trial are brought to the attention of the primary judge at pre-trial conference and are decided by the trial judge.
Criminal cases
Page 7 | Pre-trial motions
Adjournment & Extension Requirements
Hearing dates set at the Scheduling Conference will not be postponed unless extraordinary reasons exist.
Hearing dates established at the time of the conference will not be postponed except for extraordinary reasons.
Civil cases
Page 11 | Scheduling Conference (Mandatory for Tracks 2 and 3)
A party or attorney unable to attend must contact the magistrate’s chambers at least seven days beforehand to obtain a new date or time; failure to notify or appear may result in an unmodifiable Scheduling Order or dismissal if the plaintiff fails to appear.
A party and/or attorney who is unable to attend a Scheduling Conference MUST contact the magistrate’s chambers at least seven days in advance to obtain a new date and/or time. Failure to notify the magistrate or failure to appear at the Scheduling Conference may result in a Scheduling Order being issued without any opportunity to be modified, or, if the plaintiff (moving party) fails to appear, the matter being dismissed.
Civil cases
Page 12 | Re-Scheduling Scheduling Conferences (Postponements)
To reschedule, the requesting party or attorney must obtain an agreed date within 21 days of the original conference date; if the parties cannot agree within that time, the requester must file a written request with the Clerk’s Office explaining the reason for postponement and why a date cannot be set within 21 days.
The magistrate will provide the party/attorney seeking to modify the date with new available dates to reschedule the Conference. That party/attorney must contact all parties or attorneys in the case and get an agreed date. The new date for the Conference must be set within 21 days of the originally scheduled Conference date. If the parties/attorneys cannot agree on a new date within this timeframe, the party/attorney seeking to change the originally scheduled date must file a written request in the Clerk’s Office. The request shall contain the reason for the postponement and why a new date cannot be set within the 21-day timeframe pursuant to the case time standards. The request will be reviewed and ruled upon by the administrative judge or her/his designee.
Civil cases
Page 12 | Re-Scheduling Scheduling Conferences (Postponements)
If the case is not resolved at the Settlement Conference, only the administrative judge may postpone the confirmed and finalized trial date.
If the case is not resolved at the Settlement Conference, the trial date will be confirmed and finalized, and can only be postponed by the administrative judge.
Civil cases
Page 14 | Procedure of Scheduling Merits Hearings (Trials)
Requests to postpone or reschedule a Settlement Conference must be made in writing under the Circuit Court’s Postponement Policy.
Any request to postpone or re-schedule a Settlement Conference must be made in writing in accordance with the Circuit Court’s Postponement Policy.
Civil cases
Page 14 | Postponement or Cancellation of a Settlement Conference
Requests to modify a scheduling order or postpone a settlement conference, merits hearing, or trial must be made by motion and state the basis, other parties’ or counsel’s positions, and suggested new dates obtained from the Assignment Office.
All requests for modification of a scheduling order or for postponement of a settlement conference, merits hearing or trial shall be made by motion. A request must set forth the basis for the modification or postponement, the position of other parties or their counsel, and provide suggested new scheduling dates obtained from the Assignment Office.
Civil cases
Page 21 | Postponement Policy
Do not send an original postponement motion directly to the Administrative Judge; after filing it in the Clerk’s Office, a party or counsel may seek an expedited ruling.
Do not send original motions for postponement directly to the Administrative Judge. After filing the original motion in the Clerk’s Office, a party or counsel may seek to have the matter expeditiously ruled on by the administrative judge.
Civil cases
Page 21 | Postponement Policy
A contested postponement request made less than three weeks before a hearing or trial must include an appropriate motion to shorten time.
If a contested request is made less than three weeks before a scheduled hearing or trial, it must be accompanied by an appropriate motion to shorten time.
Civil cases
Page 21 | Postponement Policy
A postponement request based on a vacation must be made within 10 calendar days after notification of the scheduled event.
For vacations, requests for postponement must be made within 10 calendar days of notification of the scheduled event;
Civil cases
Page 21 | Good Cause Requirement
A postponement request made on the date of a hearing or trial must be heard on the record before the assigned judge.
Requests for postponement made on the date of a hearing or trial shall be heard on the record before the assigned judge.
Civil cases
Page 22 | Rulings on Requests to Modify Scheduling Orders or to Postpone a Hearing
Trial-date postponements are strongly disfavored and may be granted only on a compelling showing of good cause supported by documentation or on other special circumstances.
Postponements on the date of trial are strongly disfavored, and may only be granted upon a compelling showing of good cause with substantiating documentation, or other special circumstances.
Civil cases
Page 22 | Rulings on Requests to Modify Scheduling Orders or to Postpone a Hearing
Advance requests for other scheduling changes must be referred to the administrative judge for a ruling.
Advance requests for all other scheduling changes shall be referred to the administrative judge for a ruling.
Civil cases
Page 22 | Rulings on Requests to Modify Scheduling Orders or to Postpone a Hearing
Requests to postpone or modify dates in specially assigned cases must be referred to the assigned judge, and new dates on that judge’s calendar must be coordinated with the Assignment Office regardless of the judge’s rotation period.
Requests for postponement or modification of scheduled dates in cases that are specially assigned shall be referred to the assigned judge. New dates will be set on the assigned judge’s calendar and must be coordinated with the Assignment Office, regardless of whether the reset date is during a period when the assigned judge is in a Civil/Family Law rotation.
Civil cases
Page 22 | Rulings on Requests to Modify Scheduling Orders or to Postpone a Hearing
Once an adjudicatory hearing is scheduled, a postponement may be granted only under Md. Rule 11-114b and the administrative judge’s Postponement Policy in Appendix A.
A strict postponement policy applies to all juvenile matters. Once an adjudicatory hearing date is set, if a need for a postponement arises, it will only be granted in accordance with Md. Rule 11-114b and the Postponement Policy approved by the administrative judge, which is attached as Appendix A to the Juvenile DCM Plan.
Page 8 | Adjudicatory Hearing
The disposition hearing must follow the adjudication on the same day unless the Court or a party moves for a later hearing for good cause; any delay may be no more than 30 days from the adjudicatory hearing.
The disposition hearing will be held on the same day after the conclusion of the adjudication hearing. Either the Court on its own initiative or any party may, for good cause shown move to have the disposition held at a later date. Delay in the disposition hearing will be for no more than 30 days from the adjudicatory hearing.
Page 18 | d. Disposition Hearing
The disposition hearing is held immediately after adjudication unless the juvenile magistrate finds good cause to delay it.
If the allegations are proven, a disposition hearing will be held immediately after the adjudication hearing, unless the juvenile magistrates makes a finding of good cause to delay the hearing.
Page 21 | Juvenile Cases
Disposition is held the same day as adjudication unless the court or a party moves for good cause to delay it, and any delay may not exceed 30 days from adjudication.
The disposition hearing will be held on the same day after the conclusion of the adjudication hearing. Either the court on its own initiative or any party may for good cause shown move to have the disposition held at a later date. Delay in the disposition hearing will be for no more than 30 days from the adjudicatory hearing.
Page 21 | Disposition Hearing
The juvenile magistrate may continue shelter care pending disposition, but not beyond 30 days after adjudication.
If a child is in shelter care, the juvenile magistrate may continue the child in shelter care pending disposition, but for a period not longer than 30 days after the adjudication.
Page 21 | Juvenile Cases
A postponement of any CINA hearing may be granted only in accordance with the Court’s Postponement Policy in Appendix A.
Postponements – CINA cases must adhere to a strict time requirement pursuant to statutes and rules. Therefore, to ensure the timely resolution of these cases, a postponement of any hearing shall be granted only in accordance with the Court’s Postponement Policy included in Appendix A to this Juvenile DCM Plan.
Page 23 | Other Related CINA Procedures
After a truancy adjudicatory hearing, a disposition hearing must be held immediately unless good cause supports a delay, in which case it must be held within 15 days.
After service of the Petition for Truancy, the juvenile clerk will schedule an adjudicatory hearing. If the allegations in the petition are proven, a disposition hearing will be held immediately after the adjudicatory hearing, unless for good cause shown it is delayed. If a disposition hearing is delayed, it will be held within 15 days.
Page 29 | Truancy Court
CINA and delinquency adjudicatory hearings may not be postponed beyond the statutory time frame absent extraordinary cause; a scheduling conference generally is not extraordinary cause, while requests that stay within the time frame may be granted for good cause.
1) Adjudicatory Hearings - to ensure the timely resolution of cases in accordance with times mandated by statutes and rules, adjudicatory hearings (CINA and delinquency) will not be postponed beyond the statutory time frame except by a showing of extraordinary cause. Md. Rule 11-114. Extraordinary cause is that which is not foreseeable, usual or predictable. Generally, a scheduling conference does not constitute extraordinary cause. Postponement requests that do not cause an adjudicatory hearing to be scheduled beyond the statutory time frame may be granted for good cause.
Page 30 | Juvenile Court Postponement Policy
Postponement requests must be written, filed with the court, noticed to the other side, and state whether the other side agrees or opposes.
All postponements requests must be in writing and filed with the court. Notice must be provided to the other side, and the postponement request must indicate whether or not the other side is in agreement or opposition.
Page 30 | PROCEDURE
TPR cases must be tried within 180 days, and postponements require good cause as determined by the assigned judge when a compelling issue arises.
4) TPR cases – these cases must be tried within 180 days. Therefore postponements will not be granted without good cause. In the event of a compelling issue that arises requiring a postponement, the judge assigned to the TPR will determine if good cause exists to postpone the case.
Page 30 | Juvenile Court Postponement Policy
Last-minute postponement requests must be denied unless good cause exists.
Last minute requests for postponement, absent good cause, shall be denied.
Civil cases
Page 7 | Postponements
Except for the stated exceptions, a request to postpone a civil proceeding must be made by motion under Rules 2-508 and 2-311.
Except as provided below, requests for the postponement of any civil proceedings, shall be made by motion pursuant to Rules 2-508 and 2-311.
Civil cases
Page 7 | Postponements
Before the court considers a postponement request, the moving party or counsel must coordinate a proposed reset date with the civil assignment coordinator; failure to do so may result in the request not being considered.
Before the Court will consider any request for postponement the moving party or counsel must coordinate with civil assignment coordinator a proposed re-set date, consistent with the case time standards. Failure to coordinate this date may result in the postponement not being considered.
Civil cases
Page 7 | Postponements
Postponement requests in specially assigned cases must be directed to the specially assigned judge.
If a case has been specially assigned, postponement requests shall be directed to the specially assigned judge.
Civil cases
Page 8 | Postponements
Use form CC-DC-070, Motion for Postponement, to request a change to a scheduled Circuit Court hearing or trial.
The following form is used to request a change in a scheduled hearing or trial at the Circuit Court. CC-DC-070 Motion for Postponement
Civil cases
Page 10 | Forms
If a trial date is postponed for good cause, a new date will be chosen within 15 days and placed on the originally assigned trial judge’s calendar to the extent possible.
If the trial date is postponed for good cause, a new trial date will be chosen within 15 days and set on the calendar of the originally assigned trial judge, to the extent possible.
Civil cases
Page 15 | Trial
Settlement Conference hearing dates may be postponed only for extraordinary reasons.
Settlement Conference hearing dates established at the time of the conference shall not be postponed except for extraordinary reasons.
Civil cases
Page 17 | Scheduling Conference
A party or attorney unable to attend must contact the assigned judge’s chambers at least seven days in advance, coordinate an agreed date within 21 days, and submit a written request explaining the postponement and why that timeframe cannot be met if no date is agreed.
If a party and/or attorney is unable to attend a Scheduling Conference, they MUST contact the assigned judge’s chambers at least seven days in advance to obtain a new date/time. The assigned judge will direct the civil assignment coordinator to provide the party/attorney seeking to modify the date with new available dates to reschedule the conference. That party/attorney must contact all parties or attorneys in the case and get an agreed date. The new date for the conference must be set within 21 days of the originally scheduled conference date. If the parties/attorneys cannot agree on a new date within this timeframe, the party/attorney seeking to the change the originally scheduled date will need to submit in writing to the assigned judge a Request to Reschedule Settlement/Scheduling Conference. The Request shall contain the reason for the postponement and why a new date cannot be set within the 21-day timeframe. The request will be reviewed and ruled upon by the assigned judge, CAJ or her/his designee.
Civil cases
Page 18 | Re-Scheduling Conferences (Postponements)
If a trial is postponed for good cause, a new trial date will be rescheduled within 15 days on the assigned trial judge’s calendar.
If the trial date is postponed for good cause, a new trial date will be rescheduled within 15 days on the calendar of the assigned trial judge.
Civil cases
Page 22 | Trial
Postponement requests for pre-trial conferences, hearings, or trial dates must be filed in writing promptly on the court’s form, after discussing the request with the opposing party and stating that party’s position.
Requests for postponement of a pre-trial conference or hearing or of a trial date shall be filed in writing in advance as soon as the need for postponement is identified. The prosecutor, defense attorney, and any self-represented defendant shall use the postponement form, which is available on the website for the Circuit Court for Harford County or in hard copy from the Clerk of the Court (see attached). The party seeking the postponement must discuss the need for the postponement with the opposing party and clearly state the latter’s position on the postponement form.
Criminal cases
Page 16 | Postponement Policy in Criminal Cases
For serious illness or death in the family as a postponement ground, documentation must accompany the request unless the Court permits supplementation within ten days of the ruling.
(1) serious illness of, or death in the family of, the prosecutor, the defendant, defense attorney or a necessary witness, either accompanied by documentation or with the permission of the Court to supplement with documentation within ten days of the ruling;
Criminal cases
Page 17 | Criminal Differentiated Case Management Plan
If there is not enough time to request a postponement in writing in advance, the request must be made on the record in open court to the primary criminal judge when the case is called on the pre-trial conference docket the day before trial.
When the need for a postponement is not apparent in sufficient time to request it in writing in advance, the request shall be made on the record in open court to the primary criminal judge at the time the case is called on the pre-trial conference docket the day before trial.
Criminal cases
Page 17 | Criminal Differentiated Case Management Plan
The designated judge determines whether good cause exists under Md. Rule 4-271 and grants or denies the postponement.
The administrative judge or the primary criminal judge as designated makes a finding of good cause pursuant to Md. Rule 4-271 and postpones the case or denies the postponement.
Criminal cases
Page 17 | Criminal Differentiated Case Management Plan
The plan generally considers the listed illness or death, overlapping trial, unavoidable family or professional commitment, and qualifying trial-date conflict circumstances to be good cause for postponement.
The following are generally considered to be good cause for a postponement: (1) serious illness of, or death in the family of, the prosecutor, the defendant, defense attorney or a necessary witness, either accompanied by documentation or with the permission of the Court to supplement with documentation within ten days of the ruling; (2) the assigned prosecutor or defense attorney is in trial in another case which either began on an earlier trial date and carried over to the trial date in question, or in an older case which is scheduled on the same trial date and takes precedence on the docket due to the age of the case; (3) a family event or mandatory professional commitment and/or training which could not have been anticipated at the time of the scheduling conference and which cannot be re-scheduled due to the nature of the event or obligation; or (4) conflict with a trial date of which counsel was unaware at the time the scheduling order was signed and which was chosen by another court without counsel’s participation, accompanied by documentation that the other trial was scheduled before the scheduling order was signed (see attached Chief Judge Robert C. Murphy’s Revised Administrative Order for Continuance for Conflicting Case Assignments or Legislative Duties, effective May 15, 1995).
Criminal cases
Page 17 | Criminal Differentiated Case Management Plan
On the day of trial, postponements are granted only in extraordinary circumstances, such as an unforeseeable emergency, court closure due to weather or catastrophe, or insufficient judges or jurors.
Except in extraordinary circumstances, only postponements necessitated by unforeseeable emergencies, the closing of court due to some weather or catastrophic event, or the lack of sufficient judges or jurors to address all of the cases in trial posture will be granted on the day of trial.
Criminal cases
Page 19
The State’s Attorney may move to extend a grand jury’s term so it can complete an investigation specified in the judge’s order.
On motion of the State’s Attorney, the County Administrative Judge or the jury judge may extend the term of a grand jury or additional grand jury so that it may complete an investigation specified by the judge in the order.
Page 5 | V.C. Extending the Term of a Grand Jury
Requests to postpone or reschedule made within 10 days of the scheduled conference are strongly discouraged.
Requests made within ten (10) days of the scheduled conference are strongly discouraged.
Civil cases
Page 14 | Postponement or Cancellation of a Settlement Conference
Postponement requests should show good cause and be made well in advance; requests made on the day of a hearing or trial are particularly disfavored.
Although it may be necessary or appropriate to postpone a hearing or court event, such requests should be based upon a showing of good cause as defined below, and should be done well in advance of any scheduled court deadline or event. Requests for postponement are particularly disfavored on the day of a hearing or trial.
Civil cases
Page 20 | Postponements
Chambers Communication Rules
If a case settles before the Settlement Conference, the parties or their attorneys must notify the Assignment Office so the matter can be removed from the court calendar.
If a case settles in advance of the settlement conference, parties or their attorneys must notify the Assignment Office so the matter may be removed from the court calendar.
Civil cases
Page 14 | Postponement or Cancellation of a Settlement Conference
An interpreter request must be cancelled at least 48 hours before trial or hearing to avoid the Court being billed; the Court may assess needless interpreter costs against the responsible party or counsel.
If a request for interpreter is not cancelled at least 48 hours in advance of the trial or hearing, the Court will be billed for the interpreter’s services. If the Court is billed for an interpreter needlessly as a result of counsel’s failure to advise the Court that the interpreter will not be needed, or because counsel or a litigant does not appear in court in a timely fashion, the Court may assess the interpreter costs against the party or counsel causing the unnecessary expense.
Civil cases
Page 23
For motions requiring extensive evidence or argument, the parties must contact the juvenile clerk to schedule a hearing before the adjudicatory hearing.
For those motions that may require extensive presentation of evidence and/or argument, the parties shall contact the juvenile clerk to schedule a motion’s hearing prior to the adjudicatory hearing.
Page 13 | 3. Procedures relevant to all delinquency cases — b. Pre-Adjudication Motions
A party seeking a hearing on a filed motion must timely file a hearing request with the juvenile clerk.
Therefore, the party who has filed a motion and seeks a hearing on the motion shall file a timely request for a hearing with the juvenile clerk to avoid unnecessary delays.
Page 13 | 3. Procedures relevant to all delinquency cases — b. Pre-Adjudication Motions
The requesting party must notify the Court immediately if the need for the interpreter changes.
and shall notify the Court immediately if the need for the interpreter changes.
Civil cases
Page 9 | Interpreters
A party or attorney unable to attend a Scheduling Conference must contact the assigned judge’s chambers at least seven days in advance to obtain a new date and time.
If a party and/or attorney is unable to attend a Scheduling Conference, they MUST contact the assigned judge’s chambers at least seven days in advance to obtain a new date/time.
Civil cases
Page 18 | Re-Scheduling Conferences (Postponements)
The requesting party must confirm with the Clerk that the interpreter was ordered and immediately notify the Clerk if the need changes.
The party requesting an interpreter shall remain responsible for confirming that the interpreter has been ordered by the Clerk of the Court and shall notify the Clerk immediately if the need for the interpreter changes.
Criminal cases
Page 20 | Interpreters
In remote criminal or juvenile delinquency proceedings, the State should inform the judge whether the victim will appear or waive appearance.
With crime victims, the State should inform the judge whether the victim will be appearing for the remote proceedings or if the appearance is being waived.
Page 3 | Criminal Cases/Juvenile Delinquency
A represented party with difficulty entering a remote hearing should immediately contact their attorney, who should then notify the presiding judge or magistrate.
In the event a represented party has issues entering a remote hearing, the represented party should immediately contact his/her attorney who will then notify the presiding judge/magistrate.
Page 3 | GUIDELINES AND PROCEDURES FOR REMOTE HEARINGS
Self-represented litigants with difficulty entering a remote hearing should contact the presiding judge or magistrate’s administrative assistant using the contact information in the Zoom Link notification email.
Self-represented litigants should contact the administrative assistant of the presiding judge/magistrate (contact information will be on the Zoom Link notification email).
Page 3 | GUIDELINES AND PROCEDURES FOR REMOTE HEARINGS
If a matter becomes contested, the magistrate’s office should be contacted so the hearing can be vacated and a Scheduling Conference scheduled.
If the matter has become contested, the magistrate’s office should be contacted so that the hearing date is vacated and a Scheduling Conference can then be scheduled (see below).
Civil cases
Page 10 | Uncontested Final (Merits) Hearings
Attorneys seeking a telephonic Scheduling Conference must contact the Family Law Case Coordinator to arrange a date and time acceptable to the court.
Attorneys who wish to conduct these conferences must first contact the Family Law Case Coordinator and arrange a date and time that is acceptable to the court.
Civil cases
Page 12 | Telephonic Scheduling Conference
The party requesting an interpreter must confirm that an interpreter has been ordered.
The party requesting an interpreter shall remain responsible for confirming that an interpreter has been ordered
Civil cases
Page 23
The Court will hire an interpreter for more than a single morning or afternoon session only if advised that the case will be a definite trial and of its duration.
Unless the Court is advised that a case will be a definite trial and its duration, the Court will only hire interpreters for a single morning or afternoon session.
Civil cases
Page 23
The party requesting an interpreter must notify the Court immediately if the need for the interpreter changes.
The party requesting an interpreter shall remain responsible for confirming that an interpreter has been ordered and shall notify the Court immediately if the need for the interpreter changes.
Civil cases
Page 23
If the parties resolve a discovery dispute before the hearing, the moving party must notify the juvenile clerk so the hearing can be canceled.
In the event the parties resolve the discovery dispute prior to the hearing, the party that filed the motion shall notify the juvenile clerk and the hearing on the motion shall be canceled.
Page 13 | 3. Procedures relevant to all delinquency cases — a. Discovery
Scheduling of specially assigned cases must be coordinated with the civil assignment coordinator to ensure judicial availability.
Individual judges are responsible for the effective management of cases specially assigned to them; however, the scheduling of specially assigned cases must always be coordinated with the civil assignment coordinator in order to ensure judicial availability.
Civil cases
Page 3 | Other Judges
The party who requests an interpreter remains responsible for confirming that one has been ordered.
The party requesting an interpreter shall remain responsible for confirming that an interpreter has been ordered
Civil cases
Page 9 | Interpreters
Unless the Court is advised that a case will definitely go to trial and of its duration, it will hire an interpreter for only one morning or afternoon session.
Unless the Court is advised that a case will be a definite trial and its duration, the Court will only hire interpreters for a single morning or afternoon session.
Civil cases
Page 10 | Interpreters
The Clerk reserves an interpreter for only one morning or afternoon session unless notified that the hearing or trial will last longer.
The clerk reserves an interpreter only for a single morning or afternoon session unless notified that a hearing or trial will have a longer duration.
Criminal cases
Page 20 | Interpreters
Contact the CCMO by phone at 410-638-3247 about judge-heard events or docket questions.
To contact the CCMO regarding events heard by a judge or if you have questions about a docket, please call 410-638-3247 or e-mail [email protected].
Page 1 | Daily Dockets