Harford County Circuit Court Adjournment & Extension Requirements

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

Last-minute postponement requests must be denied unless good cause exists.

Last minute requests for postponement, absent good cause, shall be denied.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCriminal 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;

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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).

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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;

WARNING

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.

WARNINGCivil cases

Vacations scheduled after the date is set, unsupported consent, previously available matters, changes of counsel, incomplete discovery, further investigation, and lack of preparation generally are not good cause for postponement.

The following are generally NOT considered good cause for postponement:  Vacations(s) scheduled after establishing a trial or motion date;  Consent of counsel without compelling reason or a substantive basis;  The matter has not previously been postponed (no peremptory postponements);  Any matter known or which should have been known when the trial date became firm;  New counsel has entered an appearance or a party wishes to change counsel;  Discovery is incomplete or was just provided;  A party wishes to conduct further investigation; or  A party or counsel is unprepared to try to case for reasons including, but not limited to, the party’s failure to cooperate with or maintain necessary contact with counsel.

WARNING

Other juvenile cases may be postponed only upon a showing of good cause.

5) Other cases – will only be postponed upon a showing of good cause.

WARNING

The juvenile magistrate may extend discovery deadlines for good cause.

For good cause, the juvenile magistrate may extend the discovery deadlines.

WARNINGCivil cases

Scheduling Conferences should not be postponed absent exceptional circumstances, and failure to serve defendants is not a basis for postponement.

Scheduling Conferences should not be postponed unless there are exceptional circumstances. Failure to serve defendant(s) will not be the basis for postponing a Scheduling Conference.

WARNINGCivil cases

Following the postponement procedure does not guarantee that the court will grant the request.

Compliance with this procedure does not guarantee that any postponement will be granted.

WARNINGCriminal cases

Further investigation is a stated basis for postponement only if a very compelling reason involving ineffective assistance, fundamental fairness, or qualifying newly discovered evidence is offered.

(7) further investigation, unless a very compelling reason having to do with ineffective assistance of counsel, fundamental fairness or recently discovered evidence which could not have been identified earlier is offered;

WARNINGCivil cases

A case will not be postponed solely because the parties consent or discovery is incomplete.

Cases will not be postponed merely by the consent of the parties or because discovery has not been completed.

WARNINGCriminal cases

(9) any reason which was known, or with the exercise of due diligence would have been known, at the time the scheduling order was signed.

(9) any reason which was known, or with the exercise of due diligence would have been known, at the time the scheduling order was signed.

WARNINGCivil cases

The following are generally NOT considered good cause for postponement:  Vacations(s) scheduled after establishing a trial or motion date;  Consent of counsel without compelling reason or a substantive basis;  The matter has not previously been postponed (no peremptory postponements);  Any matter known or which should have been known when the trial date became firm;  New counsel has entered an appearance or a party wishes to change counsel;  Discovery is incomplete or was just provided;  A party wishes to conduct further investigation; or  A party or counsel is unprepared to try to case for reasons including, but not limited to, the party’s failure to cooperate with or maintain necessary contact with counsel.

The following are generally NOT considered good cause for postponement:  Vacations(s) scheduled after establishing a trial or motion date;  Consent of counsel without compelling reason or a substantive basis;  The matter has not previously been postponed (no peremptory postponements);  Any matter known or which should have been known when the trial date became firm;  New counsel has entered an appearance or a party wishes to change counsel;  Discovery is incomplete or was just provided;  A party wishes to conduct further investigation; or  A party or counsel is unprepared to try to case for reasons including, but not limited to, the party’s failure to cooperate with or maintain necessary contact with counsel.

WARNING

A postponement of a disposition or permanency review hearing may be granted for good cause if it will not delay resolution beyond the statutory time frame; if it would, a hearing on the postponement must be scheduled before the magistrate or Administrative Judge.

disposition or permanency review hearing will not result in a delay in resolving a case within the statutory time frame, the postponement may be granted for good cause and rescheduled by the juvenile clerk. If the postponement will cause a hearing to be scheduled beyond the statutory time frame, a hearing on the postponement will be scheduled before the magistrate or the Administrative Judge.

WARNINGCivil cases

Requests to postpone hearings scheduled before a magistrate may be made by the magistrate. The magistrate will reschedule the hearing on his/her calendar as long as the postponement does not delay other scheduled dates for the case.

Requests to postpone hearings scheduled before a magistrate may be made by the magistrate. The magistrate will reschedule the hearing on his/her calendar as long as the postponement does not delay other scheduled dates for the case.