Harford County Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Maryland rule 9 207 joint statement

Initial drafts of the Rule 9-207 joint statement must be provided to the settlement judge for the Settlement Conference.

the initial drafts must be provided to the settlement judge for use in the Settlement Conference.

CRITICALCivil cases

Applies to

Trial readiness checklist

Parties and attorneys must submit the trial readiness checklist to the coordinator’s office at the pretrial settlement conference or at least three weeks before trial.

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.

CRITICALCriminal cases

Applies to

Case initiation filing

The State’s Attorney must file the indictment or information and a completed case information form with the Clerk.

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.

CRITICALCivil cases

Applies to

Complaint

Most family cases must attach a completed Domestic Case Information Form to the complaint, except for the listed exempt subtypes.

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)

CRITICALCivil cases

Applies to

Answer

A defendant seeking to modify the original case information report or expecting to assert specified claims must file a defendant’s information report with the Answer.

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.

CRITICALCivil cases

Applies to

Maryland rule 9 207 joint statement

In cases with contested marital-property issues, attorneys and self-represented parties must prepare and exchange initial drafts of the Rule 9-207 joint statement before the Pretrial 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.

CRITICAL

Applies to

Motion

A party seeking a remote proceeding or remote appearance must file a motion under the cited Maryland Rules.

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.

CRITICALCivil cases

Applies to

Interpreter request

An interpreter request must identify the needed language, any appropriate dialect, and the person who needs the interpreter.

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.

CRITICALCriminal cases

Applies to

Request for interpreter form

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.

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.

CRITICAL

Applies to

Juror qualification form

Juror qualification forms must request the listed contact, employment, and accommodation information.

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.

CRITICALCivil cases

A party seeking emergency relief must certify that the opposing party was notified of the time and place of the ex parte presentment.

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.

CRITICALCivil cases

Applies to

Proposed child support guidelines

In cases with contested child-support issues, attorneys and self-represented parties must prepare and exchange proposed Child Support Guidelines before the Pretrial Settlement Conference.

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.

CRITICAL

Applies to

Written statement

If the other party does not agree, prepare a written statement explaining why you did not sign the joint statement and file both statements 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.

CRITICAL

Applies to

Contact information update

In existing cases, parties must file their email address and telephone number with the Clerk to update their contact information.

With existing cases, update your contact information by filing with the Clerk of the Court your email address and telephone number.

CRITICAL

Applies to

Initial filing

All initial filings must include the filer’s email address and a telephone number where the filer can be reached on the hearing day.

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.

CRITICALCivil cases

Applies to

Joint statement

If the parties do not fully agree, they must complete a joint statement listing unresolved issues.

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.

CRITICAL

Applies to

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.

At least 15 days before the due date, the plaintiff(s) should sign and serve the other party with a proposed joint statement.

CRITICALCivil cases

Applies to

Interpreter request

A party who becomes aware that an interpreter is needed must promptly notify the court by completing the Request for Spoken Language Interpreter form.

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.

CRITICAL

Applies to

Waiver of rights form

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.

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.

CRITICALCivil cases

Applies to

Complaint

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.

(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).

CRITICALCivil cases

Applies to

Circuit court civil case information form

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.

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.

CRITICALCriminal cases

Applies to

Postponement form

Must include

certificate of service

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.

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.

CRITICAL

Applies to

Petition for continued shelter care and cina

DSS must file a Petition for Continued Shelter Care and CINA at the hearing.

At the hearing the DSS will file a Petition for Continued Shelter Care and CINA.

CRITICALCivil cases

Applies to

Complaint

A family case is initiated by filing a complaint with the Court at the Circuit Court Clerk’s office.

File a complaint with the Court (Md. Rule 2-111) at the Circuit Court Clerk’s office.

CRITICAL

Applies to

Petition for guardianship

If the permanency plan changes to adoption, the juvenile court will order DSS to file a Petition for Guardianship.

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.

CRITICALCivil cases

Applies to

Pretrial order

If the case is unresolved by settlement or an ADR agreement and is ready for trial, the judge must coordinate an agreed trial date within case time standards and enter it in the order.

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.

CRITICALCivil cases

Applies to

Pretrial order

A Pretrial Order governing further handling and trial must be prepared in cases proceeding to trial.

For those cases that go to trial, a Pretrial Order governing the further handling and trial shall be prepared.

CRITICALCivil cases

Applies to

Expert disclosure

Expert disclosures must include the substance of findings and opinions, the grounds for each expected opinion, and copies of all expert reports; this information may not be withheld.

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.

CRITICAL

Applies to

Parenting plan

If the Parenting Plan is acceptable, it is submitted to the Court with a request for a Consent Order incorporating its terms.

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.

CRITICALCriminal cases

Applies to

Trial materials

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.

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.

CRITICALCivil cases

Applies to

Answer

A defendant seeking to modify the original case information report or expecting to assert a counterclaim, cross-claim, or third-party claim must file a Domestic Case Information report with the Answer.

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.

CRITICALCivil cases

Applies to

Joint statement

If the parties cannot agree on a comprehensive parenting plan, they must complete form 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).

CRITICAL

Applies to

Exhibit list

A party offering exhibits must file an Exhibit List with the Clerk identifying each exhibit by name and number.

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;

CRITICAL

Applies to

Parenting plan

After both parties sign the Parenting Plan, it is submitted to the Court with a request for a Consent Order incorporating its terms.

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.

CRITICALCivil cases

Applies to

Family law pretrial order

The Family Law Pretrial Order must set the deadline for filing dispositive motions.

The Family Law Pretrial Order shall set the deadline for filing any dispositive motions.

CRITICAL

Applies to

Delinquency petition

After the detention hearing, the SAO must file a delinquency petition with the Court.

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.

CRITICALCivil cases

A party seeking to shorten or extend the opposing party’s response time must file a motion under Maryland Rule 1-204.

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.

CRITICALCivil cases

Applies to

Pretrial settlement conference statement

Counsel or the parties must prepare and file a written statement in accordance with Md. Rule 2-504.2.

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.

CRITICALCivil cases

Applies to

Interpreter request

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

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

CRITICALCivil cases

Applies to

Complaint and answer

Case types 10–21 must file a case information sheet with the complaint and answer.

Case types 10-21 require a case information sheet to be filed with the complaint and answer.

CRITICALCivil cases

Applies to

Report

For a guardianship with multiple guardians, reports required by law generally need signatures from all co-guardians.

For a guardianship with more than one guardian, however, any report required by law generally needs to be signed by all co-guardians.

CRITICAL

Applies to

Non documentary exhibit

For a video, audio recording, or non-documentary exhibit, the offering party must arrange delivery to the judge or magistrate before the hearing begins unless otherwise ordered.

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.

CRITICALCivil cases

Applies to

Petition

A guardianship petition must identify whether it requests a guardian of the person, a guardian of the property, or both.

The Petition must state the kind of guardian being requested: guardian of the person, guardian of the property, or both.

CRITICAL

Applies to

Motion

Must include

proposed order

For a remote hearing concerning a pending motion, the parties must prepare and file proposed orders with the Clerk 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.

CRITICALCivil cases

Applies to

Parenting plan submission

The submission must include a Notice Regarding Restricted Information under Rule 20-201.1, form MDJ-008.

You must file a Notice Regarding Restricted Information Pursuant to Rule 20-201.1 (form MDJ-008) with this submission.

CRITICALCivil cases

Applies to

Garnishment or seizure documents

To garnish or seize money or property, the prevailing party must file documents with the court and provide the other party copies of all filed motions or correspondence.

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.

CRITICAL

Applies to

Parenting plan

If the parties agree on a parenting plan, file it with the court.

If you agree on a parenting plan, file it with the court.

CRITICAL

Applies to

Joint statement

If the other party agrees, sign the joint statement and file it with the court.

If the other party agrees: Sign the joint statement and file it with the court.

CRITICALCivil cases

Applies to

Consent agreement and request for judgment

A settlement agreement is enforceable only if both parties file a consent agreement with a request for judgment.

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.

CRITICAL

Applies to

Telephonic appearance request

If a witness lacks video access, the attorney or self-represented litigant must file a request for the witness to appear by telephone.

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.