Howard County Circuit Court Adjournment & Extension Requirements

CRITICAL

If all parties have not been served by the scheduled date, the petitioner must file a request to postpone the event.

The petitioner must file a request to postpone the event if all parties have not been served by this date.

CRITICALCivil cases

Scheduling Order dates remain unchanged unless a modification is expressly requested by motion and ordered by the Court; filing a line to reissue does not change them.

THE DATES IN THE SCHEDULING ORDER ARE TO REMAIN THE SAME UNLESS EXPRESSLY REQUESTED, IN MOTION FORM, TO BE MODIFIED AND SO ORDERED BY THE COURT. THE DATES WILL NOT BE MODIFIED SIMPLY BECAUSE A LINE TO REISSUE WAS FILED.

CRITICALCivil cases

Requests to modify a scheduling order must be made by motion and state the basis, other parties’ positions, and suggested new dates.

All requests for modification of a scheduling order shall be made by motion. All requests must set forth the basis for the modification, the position of other parties or their counsel, and provide suggested new scheduling dates.

CRITICAL

File postponement motions as soon as possible; a motion filed incorrectly or immediately before the hearing may not be ruled on, and parties must appear on the originally scheduled date.

The motion shall be filed as soon as possible. All motions will be held for ruling as required by the MD Rules. Motions filed incorrectly or immediately preceding the hearing date, may not be ruled on and parties must appear on the originally scheduled date.

CRITICAL

Verbal or telephone postponement requests will not be considered, and the Clerk will not accept faxed or emailed copies.

Verbal or telephone requests will not be considered, and the Clerk cannot accept faxed or emailed copies of postponement requests.

CRITICALCivil cases

Discovery deadlines remain unchanged unless a modification is expressly requested and ordered.

ALL DISCOVERY DEADLINES WILL REMAIN THE SAME UNLESS EXPRESSLY REQUESTED TO BE MODIFIED AND SO ORDERED.

CRITICAL

In criminal cases, CCMO will not propose a date beyond Hicks unless the defendant previously waived Hicks on the record.

In criminal cases CCMO will not provide proposed dates that exceed Hicks, unless the Defendant has previously waived Hicks on the record;

CRITICAL

Disposition must proceed the same day as adjudication unless good cause is shown to delay it.

Unless good cause is shown to delay disposition, the case shall proceed to disposition the same day as the adjudication.

CRITICAL

Requests to postpone family law scheduling/status conferences must be in writing.

Requests for postponements of family law scheduling/status conferences must also be in writing.

CRITICAL

The request must include an agreed reset date, or, if the opposing party refuses to agree, three available dates.

The Request must include an agreed upon date, or if the opposing party refuses to agree to a re-set date, then the request shall include three available dates.

CRITICAL

In civil, domestic, and juvenile cases, a proposed reset date must not exceed case time standards.

In civil, domestic, and juvenile cases the proposed re-set date cannot exceed case time standards.

CRITICALCivil cases

The merits hearing date cannot exceed case time standards and may be postponed only by the County Administrative Judge.

The date cannot exceed case time standards and can only be postponed by the County Administrative Judge.

CRITICAL

The disposition hearing must be held on the same day as the adjudication hearing unless good cause is shown to postpone it.

The hearing shall be held the same day as the adjudication unless good cause is shown to postpone it.

CRITICAL

Postponement requests are denied unless good cause is shown.

The policy in the Circuit Court for Howard County is to deny requests for postponement unless good cause is shown.

CRITICALCivil cases

A postponement may proceed only if the County Administrative Judge grants the motion, subject to the referenced postponement policy.

motion for postponement is granted by the County Administrative Judge. See Howard County Circuit Court Postponement Policy currently in effect.

CRITICAL

If an assignment conflict arises after representation is accepted, counsel must make every effort to have a partner or associate handle one case before requesting a continuance, subject to counsel’s obligations to the client.

If a conflict in assignment dates develops after representation has been accepted, counsel shall make every effort to obtain the presence of a partner or associate to act in one of the cases before a continuance is requested. Obviously, this provision is subject to obligations counsel may have to the client.

CRITICAL

A continuance must be granted to an attorney of record who is a General Assembly member or desk officer exercising the statutory privilege.

A continuance must be granted to an attorney of record who is a member or desk officer of the General Assembly exercising the privilege under Courts and Judicial Proceedings Article, § 6-402.

CRITICAL

A postponement must be requested by motion documenting good cause and include necessary documentation.

All postponements shall be filed in the form of a motion documenting “good cause” for a postponement, with necessary documentation.

CRITICALCivil cases

Motions to extend or modify the Scheduling Orders will initially be referred to the CCMO for review and then forwarded to the County Administrative Judge for ruling. Discovery and motions dates will be strictly enforced. Any motion requesting a modification of these dates should be supported by good cause shown.

Motions to extend or modify the Scheduling Orders will initially be referred to the CCMO for review and then forwarded to the County Administrative Judge for ruling. Discovery and motions dates will be strictly enforced. Any motion requesting a modification of these dates should be supported by good cause shown.

CRITICALCriminal cases

Postponement requests must comply with the cited Maryland rule, statute, and Howard County Circuit Court Postponement Policy.

All requests must comply with Md. Rule 4-271, Md. Code Ann., Criminal Procedure § 6-103 (2001) and the Circuit Court for Howard County Postponement Policy.

CRITICAL

Postponement requests must comply with the Circuit Court for Howard County Postponement Policy.

Requests for postponement must be made in compliance with the Circuit Court for Howard County Postponement Policy.

CRITICALCivil cases

Only the County Administrative Judge may postpone a settlement conference or extend Scheduling Order deadlines.

Only the County Administrative Judge can postpone a settlement conference and extend Scheduling Order deadlines.

CRITICALCriminal cases

All postponement requests must be considered by the County Administrative Judge or a designee.

All postponement requests must be considered by the County Administrative Judge or designee.

CRITICAL

A publicly employed lawyer who also practices privately may not receive a postponement or continuance for a public-capacity case conflicting with a private-capacity case, except under the most extraordinary circumstances.

A lawyer who holds public office or employment as an attorney (e.g., State's Attorney, Assistant State's Attorney, Public Defender, District Public Defender, County Attorney, or City Solicitor) and who is permitted to engage also in the private practice of law may not be granted a postponement or continuance of a case in which the lawyer appears in a public capacity, if there is an assignment conflict between that case and one in which the lawyer appears in a private capacity, except under the most extraordinary circumstances.

CRITICALCivil cases

Postponement requests for judge-set hearings or conferences, and all settlement conferences, must follow the Circuit Court Postponement Policy.

All postponement requests for hearings and conferences set before a judge and ALL settlement conference postponement requests must be filed in accordance with the Circuit Court Postponement Policy.

CRITICAL

When an assignment conflict exists, any continuance, postponement, or schedule change must follow this Administrative Order.

When there is a conflict in assignment, a continuance, postponement, or change in schedule may be made only in accordance with this Administrative Order.

CRITICALCivil cases

A trial date may be moved only if the County Administrative Judge grants a motion for postponement.

The trial date will be firm and may only be moved if a motion for postponement is granted by the County Administrative Judge.

CRITICAL

To postpone a telephone scheduling conference, the requester must contact the Civil Case Manager and clear a new date with the court and opposing parties.

Requests for postponements of telephone scheduling conferences shall be made by contacting the Civil Case Manager at Paige.Morris@mdcourts.gov or (410) 313-3575 and clearing a new date with the court and the opposing parties.

CRITICAL

The requester must first contact the Family Law Office to obtain a new date and then contact the opposing party to clear it.

The attorney or party requesting the postponement shall first contact the Family law Office at HcFamilyLawOffice@mdcourts.gov or 410-313-2403 to obtain a new date and then contact the opposing party to clear a new date.

CRITICALCivil cases

Discovery deadlines remain unchanged unless a modification is expressly requested by motion and ordered by the Court.

DISCOVERY DEADLINES ARE TO REMAIN THE SAME UNLESS THEY ARE EXPRESSLY REQUESTED TO BE MODIFIED, IN MOTION FORM, AND SO ORDERED BY THE COURT.

CRITICAL

Before granting a continuance, the judge must ensure that affected parties, witnesses, and counsel can receive timely notice, that the case has not already been continued an unreasonable number of times, and that the continuance will not impede the administration of justice.

In the exercise of that discretion, the judge shall first assure that all parties, witnesses, and counsel in the case can be notified of the continuance sufficiently in advance of the trial date to avoid undue inconvenience; that the case has not been continued an unreasonable number of times prior thereto; and that the continuance would not otherwise impede the proper administration of justice.

CRITICAL

A postponement motion must state all parties' positions and include a CCMO-provided reset date agreed to by all parties; if dates are omitted, the motion must be resubmitted with cleared dates.

The motion must include the position of all parties and a proposed re-set date provided by the Calendar and Caseflow Management Office (CCMO), that has been agreed to by all parties. If proposed dates are not included in the motion, counsel/parties will be notified and must re-submit the motion with cleared dates.

CRITICALCivil cases

A postponement request must state all parties’ positions and propose a reset date within case time standards.

The Postponement Policy requires the position of all parties and a proposed re-set date within case time standards.

CRITICAL

However, a request for continuance because of conflicting cases should include a statement that it is not practical for a partner or associate to handle one of the conflicting cases.

However, a request for continuance because of conflicting cases should include a statement that it is not practical for a partner or associate to handle one of the conflicting cases.

CRITICAL

A judge may grant a continuance in a case where counsel’s accepted employment created an assignment conflict only in the judge’s discretion and under extraordinary circumstances.

In a case in which counsel has accepted employment which creates a conflict in assignments, a judge may, in the judge's discretion and under extraordinary circumstances, grant a continuance.

CRITICALCivil cases

The trial date may be moved only if the County Administrative Judge grants a motion for postponement.

The trial date will be firm and may only be moved if a motion for postponement is granted by the County Administrative Judge. See The Circuit Court for Howard County Postponement Policy .

CRITICALCivil cases

Filing an amended, counter, cross, or third-party complaint does not change existing dates; a motion and order must be filed to extend or modify them.

Filing an amended, counter, cross, or third-party complaint will not change any of the dates currently set. A motion and order to extend or modify will need to be filed.

CRITICALCivil cases

The trial date is firm and may be moved only if the County Administrative Judge grants a postponement motion, subject to the referenced policy.

The trial date will be firm and may only be moved if a motion for postponement is granted by the County Administrative Judge. See Circuit Court for Howard County Postponement Policy currently in effect.

WARNING

Vacation scheduled before an event date is set is good cause if the request is made within 10 calendar days after notification; vacation scheduled after a date is established is not good cause.

Conflicting vacation schedule: vacation scheduled before a hearing, motion, or trial date set, is “good cause” for a postponement. Requests for postponement must be made within ten (10) calendar days of notification of scheduled event. Vacation scheduled after establishing a date is not “good cause” for postponement.

WARNINGCivil cases

A scheduling conference should be reset only in exceptional circumstances.

Scheduling conferences should not be reset unless there are exceptional circumstances.

WARNING

Scheduling conference postponements may be requested by email to the Family Law Office.

All postponements or requests for remote scheduling conferences can be emailed to the Family Law Office at [email protected] and re-set accordingly.

WARNING

A granted postponement leaves the Scheduling Order in effect unless the postponement order amends it.

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

WARNING

Statutory scheduling time frames may prevent postponements in some juvenile case types.

The Annotated Code of Maryland mandates strict scheduling of many juvenile causes. Postponements may not be granted in all case types in order to meet those time frames.

WARNING

Counsel who accepts employment after being notified of a conflicting assignment should not expect a continuance.

If counsel accepts employment in a case in which a date or time for argument, hearing, or trial has already been set after counsel has been notified of a conflicting assignment for the same date or time, counsel should not expect to be granted a continuance.

WARNING

Serious illness or death in the family of a party, counsel, or necessary witness is usually good cause for postponement.

Death or Illness: Serious illness of, or death in the family of, a party, counsel or necessary witness is usually a “good cause” for postponement.

WARNING

A conflicting court proceeding takes priority, and an administrative hearing is not a basis for granting a continuance.

If counsel is a member of an administrative agency which has scheduled a meeting or hearing conflicting with an appellate or trial court proceeding in which the lawyer-member of the agency is also involved, the court proceeding has priority and the pendency of the administrative hearing is not a basis for granting a continuance.

WARNINGCivil cases

An Exceptions Hearing does not postpone other scheduled events, and Scheduling Order requirements remain in effect.

The Exceptions Hearing date will not postpone any other scheduled event and all requirements in the Scheduling Order will remain in effect.

WARNINGCivil cases

Scheduling conferences should not be reset except in exceptional circumstances.

Scheduling conferences should not be reset unless there are exceptional circumstances. See the Circuit Court for Howard County Postponement Policy currently in effect.

WARNING

If a postponement motion is denied, all proposed reset dates are vacated.

If a motion for postponement is denied, all proposed re-set dates will be vacated.

WARNING

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

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