Harford County Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Disposition hearing notice

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.

CRITICALCriminal cases

Applies to

Summons

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Notice of hearing

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of hearing

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Petition

All interested parties must be served with a copy of the Petition.

All interested parties will be served with a copy of the Petition.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Permanency plan

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Delinquency petition

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.

CRITICALCriminal cases

Applies to

Postponement request

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.

CRITICALCriminal cases

Applies to

Scheduling conference notice

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.

CRITICAL

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.

CRITICAL

Service

Mail

by first class United States mail to address;

by first class United States mail to address;

CRITICAL

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.

CRITICALCivil cases

Applies to

Original complaint and summons

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.

CRITICAL

Applies to

Summons

DSS must issue summons for all interested parties to the voluntary placement hearing.

The DSS will issue summons for all interested parties.

CRITICAL

Applies to

Adjudicatory hearing notice

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.

CRITICALCivil cases

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.

CRITICAL

Service

Personal service

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.

CRITICAL

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).

CRITICALCriminal cases

Applies to

Summons

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.

CRITICAL

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.

WARNING

Applies to

Notice

Service

Court service

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).

WARNING

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.

WARNING

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.

WARNING

Applies to

Summons

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.

INFOCivil cases

Service

Mail

Scheduling orders are mailed to attorneys and parties.

Attorneys and parties are notified of scheduling orders by mail.

INFOCivil cases

Service

Mail to all parties

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.