Harford County Circuit Court Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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).

WARNING

A prompt hearing on exceptions must be scheduled before a judge.

As required by Md. Rule 11-111(c), a prompt hearing will be scheduled on the exceptions before a judge.

WARNINGCriminal cases

A postponement request that does not clearly state the opposing party’s position is held for 15 days, plus three days for service by mail if appropriate, to allow a response.

If the postponement request fails to clearly state the opposing party’s position, it will be held for 15 days (plus three days to account for service by mail, if appropriate) in order to permit the opposing party to respond.

WARNING

A contested restitution issue must be heard after adjudication, either at disposition or at a later scheduled hearing.

If there is a restitution issue that will be contested by the respondent or his/her parent, a hearing will be held post-adjudication. The restitution hearing will be held either at the disposition hearing or the issue of restitution shall be left often for a later hearing to be scheduled.

WARNINGCivil cases

Diagram 1.1 – Family DCM Track Diagram Track 1 Expedited 120 days 365 days = time standard

Diagram 1.1 – Family DCM Track Diagram Track 1 Expedited 120 days 365 days = time standard

WARNINGCivil cases

Diagram 1.1 shows 365 days for Track 3 (Complex).

Diagram 1.1 – Family DCM Track Diagram Track 3 Complex 365 days

WARNING

Juvenile cases must be resolved within the time periods established by applicable statutes and Maryland Rules.

Juvenile cases must be resolved in time periods set forth by applicable statutes and Maryland Rules.

WARNINGCivil cases

Diagram 1.1 shows 270 days for Track 2 (Standard).

Diagram 1.1 – Family DCM Track Diagram Track 2 Standard 270 days

WARNINGCivil cases

For Track 1 (Expedited), Table 1.2 lists filing at 0 days, answer filed at 30 days, other hearing types and discovery motions filed at 90 days, and a merits hearing at 120 days.

Table 1.2 – Family DCM Track Guidelines Other Discovery Pretrial Family Case Types Answer Scheduling Hearing Motions Settlement Exhibit Track Tracks Filing Filed Conference Mediation Types Filed Conference List Merits Hearing Track 1 Expedited 0 days 30 days - - 90 days 90 days - - 120 days

INFO

The expected duration for Track 4 CINA cases with shelter care is 30 days.

Track 4 CINA with shelter care 30 days

INFO

The expected duration for Track 1 non-detention delinquency cases is 90 days.

Track 1 Delinquency cases without a detention DE 90 days

INFO

The expected duration for peace order cases is 14 days and may extend up to 6 months.

2. Peace orders 2. 14 days and up to 6 months

INFO

The expected duration for adoption cases is 180 days.

1. Adoptions 1. 180 days

INFO

The expected duration for Track 2 detention delinquency cases is 90 days.

Track 2 Delinquency cases with a detention 90 days

INFO

The expected duration for voluntary placements is 6 months, with reviews every 6 months.

3. Voluntary placements 3. 6 months, with 6 month reviews

INFO

The expected duration for Track 5 termination of parental rights cases is 180 days.

Track 5 Termination of parental rights cases TPR 180 days

INFO

The expected duration for Track 3 CINA cases without shelter care is 60 days.

Track 3 CINA Non-Shelter CINA with no shelter care CINA 60 days

WARNINGCivil cases

For Track 4 (Limited Divorce), Table 1.2 lists filing at 0 days, answer filed at 30 days, other hearing types and discovery motions filed at 90 days, and a merits hearing at 730 days.

Table 1.2 – Family DCM Track Guidelines Family Case Types Tracks Filing Answer Filed Scheduling Conference Mediation Other Hearing Types Discovery Motions Filed Pretrial Settlement Conference Exhibit List Merits Hearing Track 4 Limited Divorce 0 days 30 days - - 90 days 90 days - - 730 days

WARNINGCivil cases

Diagram 1.1 shows 720 days for Track 4 (Limited Divorce).

Diagram 1.1 – Family DCM Track Diagram Track 4 Limited Divorce 720 days

WARNINGCivil cases

For Track 3 (Complex), Table 1.2 lists filing at 0 days, answer filed at 30 days, scheduling conference at 60 days, mediation at 120 days, other hearing types and discovery motions filed at 240 days, pretrial settlement conference and exhibit list at 270 days, and a merits hearing at 365 days.

Table 1.2 – Family DCM Track Guidelines Family Case Types Tracks Filing Answer Filed Scheduling Conference Mediation Other Hearing Types Discovery Motions Filed Pretrial Settlement Conference Exhibit List Merits Hearing Track 3 Complex 0 days 30 days 60 days 120 days 240 days 240 days 270 days 270 days 365 days

WARNINGCivil cases

For Track 2 (Standard), Table 1.2 lists filing at 0 days, answer filed at 30 days, scheduling conference at 60 days, mediation at 120 days, other hearing types and discovery motions filed at 180 days, pretrial settlement conference and exhibit list at 210 days, and a merits hearing at 270 days.

Table 1.2 – Family DCM Track Guidelines Family Case Types Tracks Filing Answer Filed Scheduling Conference Mediation Other Hearing Types Discovery Motions Filed Pretrial Settlement Conference Exhibit List Merits Hearing Track 2 Standard 0 days 30 days 60 days 120 days 180 days 180 days 210 days 210 days 270 days

CRITICALCivil cases

Counter-experts must be disclosed within 30 days after a counter complaint is filed.

In counter complaints, counter-experts shall be disclosed within 30 days of the filing of the counter complaint.

CRITICAL

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:

CRITICALCivil cases

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).

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

A motion to compel based on failure to provide discovery must be filed within 10 days after the discovery was due.

A motion to compel based on the failure to provide discovery shall be filed within 10 days of after the date the discovery was due.

CRITICAL

File the joint statement by the date set by the court, or, if applicable, 10 days before the settlement conference or 20 days before trial.

The due date is the date by which you must file the joint statement with the court: • The date set by the court; • 10 days before your settlement conference (if there is one); or • 20 days before your trial date.

CRITICAL

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.

CRITICALCriminal cases

The defendant or counsel may demand a District Court jury trial in writing at least 15 days before trial or in open court on the trial date.

Pursuant to Md. Rule 4-301, a demand in the District Court for a jury trial is made either in writing no later than 15 days before the scheduled trial date or in open court on the trial date by the defendant or the defendant’s counsel.

CRITICALCriminal cases

The State’s initial discovery and the defense’s mandatory motions must be filed within 30 days of the earlier of counsel’s entry of appearance or the defendant’s first appearance.

The State and the defendant respectively file State’s initial discovery and defense mandatory motions pursuant to Md. Rule 4-252 within 30 days of the earlier of the entry of appearance of counsel or the first appearance of the defendant.

CRITICAL

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.

CRITICALCivil cases

The plaintiff must supplement the expert information without delay when it becomes known and no later than 30 days after the Scheduling Conference unless the Court approves otherwise.

The obligation to supplement the information provided by this deadline continues and must be provided without delay as soon as it is known to the plaintiff, but no later than 30 days after the Scheduling Conference without the Court’s approval

CRITICALCivil cases

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).

CRITICAL

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.

CRITICAL

Mediation is scheduled within 120 to 150 days after the petition is filed.

Will be scheduled within 120 to 150 days after petition filed.

CRITICAL

The Pre-Trial Conference is scheduled within 90 to 120 days after the petition is filed.

Will be scheduled within 90 to 120 days after petition filed.

CRITICAL

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.

CRITICALCivil cases

For Track 2 civil standard cases, the pretrial settlement conference must occur within 200 days of filing.

Pretrial Settlement Conference Within 200 days of filing

CRITICALCivil cases

If the defendant remains unserved after 120 days, the parties have 30 days after notice to seek reissued service or move to vacate or defer dismissal; otherwise, the case may be dismissed without prejudice.

If the defendant has not been served after 120 days, the Clerk’s office sends notices to the parties that they have 30 days to file a request to reissue service, or a motion to vacate or defer the order of dismissal, or the case will be dismissed without prejudice. After 30 days, the Clerk’s office reviews the case, and it is presented to a judge who signs an order dismissing the case.

CRITICAL

Applies to

Shelter care and cina petition

The Shelter Care and CINA Petition is filed in Juvenile Court on the same day as the Shelter Care Hearing.

Shelter Care and CINA Petition filed in Juvenile Court same day as Shelter Care Hearing

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

A Track 1 expedited-track trial must occur within 120 days of filing.

Within 120 days of filing

CRITICAL

If the case is uncontested, the hearing is scheduled within 45 days after all consents are received or the time to object expires.

If not contested, hearing will be scheduled within 45 days after receipt of all consents or time to object expired.

CRITICAL

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.

CRITICAL

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.