Harford County Circuit Court Adjournment & Extension Requirements

WARNING

Exceptions hearings must be heard promptly, and postponements require good cause determined case by case.

3) Exceptions Hearings – these hearings must be promptly heard by the court to avoid unnecessary delay in placement or termination of parental rights. Therefore, postponements will not be granted except upon a showing of good cause. The determination of good cause will be on a case by case basis.

WARNING

Disposition hearing postponements in CINA or delinquency cases require good cause, determined case by case.

2) Disposition Hearings – to avoid any delay in reaching a final resolution in either a CINA or delinquency case, postponements will not be granted unless good cause is shown. The determination of good cause will be on a case by case basis.

WARNING

A disposition hearing may be delayed for good cause for 30 days from the adjudicatory hearing.

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.

WARNINGCivil cases

The listed circumstances generally count as good cause for postponement, including specified conflicts, serious illness or death, qualifying vacation, lack of notice without fault, and late-arising circumstances likely to cause undue hardship or a possible miscarriage of justice; vacation requests must be made within 10 calendar days of notice of the scheduled event.

The following shall generally be considered good cause for postponement:  Trial date conflict. The first case set takes precedence;  Serious illness of, or death in the family of a party, counsel, or necessary witness;  Vacation(s) scheduled prior to any assigned trial or hearing date. For vacations, requests for postponement must be made within 10 calendar days of notification of the scheduled event;  Counsel is in trial in another matter that carries over to cause a conflict with the Harford County date;  A party did not receive notice of the hearing or trial, through no fault of the party or their counsel; or  Facts or circumstances arising or becoming apparent too late in the proceedings to be corrected in advance of the hearing, and which, in the view of the Court, would likely cause undue hardship or a possible miscarriage of justice if the hearing or trial proceeded as scheduled.

WARNINGCivil cases

If a postponement is granted, the Pretrial Order remains in effect unless the postponement order amends it.

If a postponement is granted, the provisions of the Pretrial Order shall remain in effect except as may be amended by the terms of the postponement order.

WARNINGCriminal cases

(8) consent of the State and the defense with no substantive basis;

(8) consent of the State and the defense with no substantive basis;

WARNING

If a parent cannot be located or does not appear, the magistrate may postpone the hearing for good cause, but no later than eight days after emergency shelter placement.

If the parent(s) cannot be located or does not appear at the shelter care hearing, the juvenile magistrate may for good cause shown postpone the shelter care hearing for a maximum of 8 days from when the child was placed in emergency shelter.

WARNINGCivil cases

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.

WARNINGCriminal cases

Only the administrative judge or the primary criminal judge who is serving as the designee of the administrative judge for criminal postponements rules on a request for a postponement of a pre-trial hearing or a trial date. If a case has been specially assigned to a particular judge who is to preside over all case events (Track IV), the specially assigned judge consults with the administrative judge or designee, who then rules on the postponement request. The postponement request should be filed with the Clerk of the Court who then attaches it to the court file and forwards it to the attention of the appropriate judge.

Only the administrative judge or the primary criminal judge who is serving as the designee of the administrative judge for criminal postponements rules on a request for a postponement of a pre-trial hearing or a trial date. If a case has been specially assigned to a particular judge who is to preside over all case events (Track IV), the specially assigned judge consults with the administrative judge or designee, who then rules on the postponement request. The postponement request should be filed with the Clerk of the Court who then attaches it to the court file and forwards it to the attention of the appropriate judge.

WARNING

The Court may postpone or continue the detention hearing for good cause, but not for more than 8 days from the hearing date.

Pursuant to Md. Rule 11-112 the hearing may be postponed or continued by the Court for good cause shown, but for no more than 8 days from the date of the detention hearing.

WARNINGCriminal cases

The listed circumstances are unlikely to establish good cause for postponement unless additional factors are present.

The following are unlikely to constitute good cause for a postponement unless additional factors are present: (1) leave/vacation of the prosecutor, the defendant, defense attorney or a necessary witness, particularly a necessary professional witness, which was scheduled after the scheduling order was signed and disseminated; (2) trial date conflict of which counsel was, or with the exercise of due diligence should have been, aware at the time 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); (3) the mere fact that there have been no previous requests for postponement in the case; (4) outstanding motions at the date of the hearing or trial; (5) ongoing plea negotiations; (6) change of counsel;

WARNINGCriminal cases

A post-trial hearing postponement request may be made by motion to the assigned judge; the request should be discussed with opposing counsel in advance and include the opponent’s position.

Postponement requests for a post-trial hearing may be directed by motion to the assigned judge. Any such request should be discussed with opposing counsel in advance and the position of the opponent regarding the postponement should be included in the request.

WARNINGCivil cases

Postponements must also be granted in accordance with the cited priority protocol for conflicting case assignments or legislative duties.

Postponements also shall be granted in accordance with the priority protocol set forth in Chief Judge Robert C. Murphy’s Revised Administrative Order for Continuance for Conflicting Case Assignments or Legislative Duties, effective May 15, 1995.

WARNINGCivil cases

Postponements are granted in accordance with Md. Rule 2-508 and, for competing conflicts, the stated priority protocol.

Postponements shall be granted in accordance with Md. Rule 2-508 and for competing conflicting matters, with the priority protocol set forth in Chief Judge Robert C. Murphy’s Revised Administrative Order for Continuance for Conflicting Case Assignments or Legislative Duties, effective May 15, 1995.

WARNING

A request for a second mediation or settlement conference must be approved by the assigned judge, and the trial date generally may not be postponed beyond 180 days for those discussions except for extraordinary cause.

If the parties believe either a second mediation or settlement conference may result in resolution of the case, the request must be made to the assigned judge for his/her approval; however, except for extraordinary cause, the trial date will not be postponed beyond 180 days to allow for mediation and/or settlement discussions.

WARNINGCivil cases

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.

WARNING

The stated competency-report and hearing deadlines may be extended for good cause shown.

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.

WARNINGCivil cases

The Court discourages postponements or scheduling-order modifications that would delay resolution beyond 12 months after filing, except that this stated case-time standard does not apply to complaints for limited divorce.

The Court also discourages requests for postponement or for modification of a scheduling order that delays the resolution of the matter beyond 12 months from the date of filing, which is the case time standard that applies to family cases other than complaints for limited divorce.

WARNING

In other cases, the Administrative Judge or designee rules on a postponement, unless the matter is specially set, in which case the specially assigned judge rules.

For all other cases, the Administrative Judge or designee will rule on the postponement, and if the matter is specially set, the specially assigned judge will rule on the postponement.

WARNINGCivil cases

The listed circumstances are generally considered good cause for postponement, including the stated vacation-request deadline of 10 calendar days after notification of the scheduled event.

The following shall generally be considered good cause for postponement:  Trial date conflict. The first case set takes precedence;  Serious illness of, or death in the family of a party, counsel, or necessary witness;  Vacation(s) scheduled prior to any assigned trial or hearing date. For vacations, requests for postponement must be made within 10 calendar days of notification of the scheduled event;  Counsel is in trial in another matter that carries over causing a conflict with the Harford County date;  A party did not receive notice of the hearing or trial, through no fault of the party or the party’s counsel; or  Facts or circumstances arising or becoming apparent too late in the proceedings to be corrected in advance of the hearing, and which, in the view of the Court, would likely cause undue hardship or a possible miscarriage of justice if the hearing or trial proceeded as scheduled.

WARNINGCriminal cases

In specially assigned cases, additional time may be permitted between case events to accommodate case-specific requirements.

Although specially assigned cases follow the case management plan set forth above for indictments/informations (Track I), additional time may be permitted between case events to accommodate the particular requirements of the case.

WARNINGCivil cases

When a case is postponed, the parties and attorneys will be directed to the Assignment Office to select an agreed reset date.

If a case is postponed, parties and attorneys will be directed to the Assignment Office to select an agreed reset date.

WARNINGCivil cases

A postponement request must be made timely, although the text does not specify a deadline.

Any request for postponement must be timely made.

WARNINGCivil cases

Scheduling-order changes may include deadlines, conferences, trial dates, or track assignment; the County Administrative Judge may grant change requests for good cause up to 30 days before trial.

Changes may include any of the milestones in the order, e.g. discovery deadline, the pretrial settlement conference or trial date, or the track assignment. Up to 30 days before trial, the County Administrative Judge reviews scheduling order change requests and may grant changes for good cause.

WARNING

Juvenile case postponements are not granted except as permitted by the policy, and cases must remain within applicable statutory and Maryland Rules time periods.

Juvenile cases must be resolved within time periods set forth by applicable statutes and the Maryland Rules. Therefore, postponements will not be granted, except in accordance with this policy.

WARNINGCriminal cases

Making a postponement request earlier, especially for a scheduling conflict and with time to select a nearby alternative date, makes rescheduling and approval more likely.

The earlier a postponement request is made, particularly with regard to scheduling conflicts, the more likely it is that a trial event can be re-scheduled within the applicable time standards and the postponement can be granted. This is particularly the case if enough time is allowed to choose an earlier date or one which is close in time to the date which must be changed.

INFOCivil cases

A party or attorney with a conflict on the scheduled hearing date may make a written request to the magistrate to reset the date.

A party or attorney who has a conflict on the date of the scheduled hearing may make a written request of the magistrate to reset the date.