Howard County Circuit Court Service and Proof of Service Rules

CRITICAL

Service

Electronic service

The form identifies service on a registered user through MDEC as occurring on the effective date of filing.

service on registered user via MDEC system on the effective date of filing.

CRITICALCivil cases

Copies will be either e-served or mailed to any served party and counsel not present.

Copies will be either e-served or mailed to any served party and counsel not present.

CRITICAL

Applies to

Petition and summons

Service

Court service to all parties

The petition and summons are served on the parties in the courtroom at the arraignment or initial appearance hearing.

The Clerk’s Office issues a summons, and the petition and summons are served in the courtroom to the parties at the arraignment/initial Appearance Hearing.

CRITICALCivil cases

Service

Electronic service

Service on a registered user through MDEC is listed as occurring on the effective date of filing.

☐ service on registered user via MDEC system on the effective date of filing.

CRITICALCivil cases

Applies to

Emergency hearing request

For an emergency-hearing request in an ongoing case, the requesting party must include a certificate of service for all parties.

If the request is filed in an ongoing case, the requesting party must include a certificate of service for all parties.

CRITICAL

After a Juvenile Peace Order petition is filed, CCMO will issue the hearing notice within 10 days, and the notice is served on the petitioner, respondent, and DJS.

Upon the filing of the petition, CCMO will issue the notice of hearing (within 10 days of filing). The notice of hearing is served on the petitioner, respondent and DJS.

CRITICALCivil cases

Service

Personal service

Hand delivery is listed as a service method for a copy of the Conference Call Request form.

☐ hand delivery on

CRITICALCivil cases

When an agency such as a Board has an interest in the child, the petitioner must serve it and all interested parties with the Petition and Show Cause Order.

Board, etc., has an interest in the child named in a petition, the petitioner must serve a copy of the Petition and Show Cause Order to the agencies as well as all interested parties in the matter.

CRITICALCivil cases

Applies to

Scheduling order

Counsel who filed the complaint must serve the new Scheduling Order on any defendant who has not been served.

If a defendant(s) has not been served, it will be the responsibility of the counsel filing the complaint to serve the new Scheduling Order on any unserved defendant(s) in the case.

CRITICALCivil cases

Applies to

Emergency hearing request

For an emergency-hearing request filed with a new case or to reopen a closed case, the requesting party must serve process on the other party.

If the request for an emergency hearing is filed with the initial filing in a new case or filed reopening a closed case, the party filing the request must make service of process on the other party.

CRITICALCivil cases

Applies to

Scheduling order

The Scheduling Order must be served on the defendant with the underlying pleadings.

The Scheduling Order shall be served on Defendant along with the underlying pleadings.

CRITICALCivil cases

Service

Mail

First-class mail is listed as a service method for a copy of the Conference Call Request form.

☐ first-class mail on

CRITICALCivil cases

Applies to

Show cause order

The adopting party must serve the Show Cause Order on each nonconsenting parent within 90 days of issuance.

The adopting party must serve the Show Cause Order on all parents who have not consented within 90 days of its issuance.

CRITICAL

Applies to

Summons and petition

Service

Court service

At the arraignment or initial appearance, the respondent and the listed adults are served with the summons and petition.

At the arraignment/initial appearance, the respondent and his/her parents, guardian or custodian are served with the summons, the petition for continued detention/shelter care, advised of the charges, advised of his/her right to an attorney, and given a date for adjudication (within 60 days from the filing of the petition).

CRITICALCivil cases

Applies to

Draft pretrial statement

The Settlement Conference Order will direct parties to exchange draft pretrial statements 365 days after the complaint is filed and to file the final joint pretrial statement, witness lists, and exhibit list 372 days after filing.

The Settlement Conference Order will direct parties to exchange draft pretrial statement 365 days following the filing of the complaint and to file a final joint pretrial statement, witness lists, and a list of exhibits 372 days following the filing of the complaint.

CRITICALCivil cases

The petitioner must serve interested parties with the listed documents and must serve the ADP unless the ADP’s counsel has agreed to accept service.

The petitioner must serve all interested parties with a copy of the Petition, the Show Cause Order, the Order Appointing Counsel, and the Notice to Interested Persons, and the Advice of Rights. The petitioner must serve the ADP, unless counsel for the ADP has agreed to accept service.

CRITICALCivil cases

Applies to

Scheduling order

After a track change in open court, copies of the new Scheduling Order are distributed to those present and either e-served or mailed to served parties and counsel who are absent.

If a track change is done in open court, the attorneys/parties will be directed to CCMO. A new Scheduling Order will be generated based upon the track change. Copies will be disbursed to all counsel and parties present. Copies will be either be e-served or mailed to any served party and counsel not present.

CRITICALCivil cases

Applies to

Scheduling order

The Scheduling Order must be served on the defendant with the summons.

The Scheduling Order shall be served on defendant along with the summons.

CRITICALCivil cases

The petitioner must serve the listed documents on interested parties and the ADP unless ADP counsel agrees to accept service; submitting an Affidavit of Service is recommended.

The petitioner must serve all interested parties with a copy of the Petition, the Show Cause Order, the Order Appointing Counsel, and the Notice to Interested Persons, and the Advice of Rights. The petitioner must serve the ADP, unless counsel for the ADP had agreed to accept service. An Affidavit of Service should be submitted for proof of service on all interested parties.

CRITICAL

Service

Mail

A notification letter will be mailed to the petitioner if he or she has failed to comply with all the requirements of the Md. Code Ann.

A notification letter will be mailed to the petitioner if he or she has failed to comply with all the requirements of the Md. Code Ann.

CRITICAL

Applies to

Hearing notice

Service

Mail to all parties

When a delinquency petition is filed, CCMO schedules the hearings and mails notice to the parties.

When a delinquency petition is filed, the Calendar and Caseflow Management Office (CCMO) schedules the arraignment/initial appearance/adjudication, issues a notice for the hearing and mails to parties.

CRITICAL

Applies to

Request for fee waiver

Service

Mail to opposing party

The certificate states that a copy of the fee-waiver request is mailed, postage prepaid, to the opposing party or attorney.

a copy of this Request for Fee Waiver was mailed, first postage prepaid, to: Opposing Party or Attorney

CRITICALCivil cases

Applies to

Emergency hearing request

The other side must be served before an emergency-hearing request is filed.

There must be service on the other side prior to filing for an emergency hearing.

WARNINGCivil cases

Applies to

Scheduling order

The Scheduling Order should be served on the defendant with the summons.

The Scheduling Order should be served on the defendant along with the summons.

WARNINGCivil cases

After 120 days from issuance of original process, the Clerk must issue a Notice of Contemplated Dismissal for an unserved defendant or one not otherwise subject to the court’s jurisdiction.

Upon expiration of 120 days from any issuance of original process directed to a defendant, the Clerk shall issue Notice of Contemplated Dismissal in any action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction pursuant to Md. Rule 2-507(b).

WARNINGCivil cases

Applies to

Scheduling order

After a track change in open court, copies of the new Scheduling Order are distributed to those present and e-served or mailed to served parties and counsel who are absent.

If a track change is done in open court, the attorneys/parties will be directed to CCMO. A new Scheduling Order will be generated based upon the track change. Copies will be disbursed to all counsel and parties present. Copies will either be e-served or mailed to any served party and counsel not present.

WARNING

Applies to

Summons petitions and other documents

If the respondent and parent, guardian, or custodian do not appear together at the first scheduled hearing, the summons, petition, and other documents are served by sheriff’s service or another notice is issued, and the hearing is rescheduled.

If, at the first scheduled arraignment/initial appearance, a respondent appears without a parent, guardian or custodian; or a parent, guardian or custodian appears without a respondent; service of the summons, petition(s) and other documents, will be served via Sheriff’service or another notice will be issued, and the arraignment/initial appearance will be rescheduled.

WARNING

Applies to

Certificate of service

Service

Electronic service

Service on a registered user via MDEC is effective on the filing date.

☐ service on registered user via MDEC system on the effective date of filing.

WARNING

Service

Electronic service

The certificate form identifies service on a registered user through MDEC as occurring on the effective date of filing.

☐ service on registered user via MDEC system on the effective date of filing.

WARNINGCivil cases

An Affidavit of Service should be submitted as proof of service on all interested parties.

An Affidavit of Service should be submitted for proof of service on all interested parties.

WARNINGCivil cases

Applies to

Summons

Reissuing service does not create a Scheduling Order with new dates; the original order must accompany the new summons.

Requests to reissue service will not produce a new Scheduling Order with new dates. If reissued, a copy of the original Scheduling Order will be attached to the new summons to be served. THE DATES IN THE SCHEDULING ORDER WILL NOT BE MODIFIED SIMPLY BECAUSE A LINE TO REISSUE WAS FILED.

INFO

Service

Personal service

The certificate form lists hand delivery as a service method and provides a date field.

☐ hand delivery on

INFO

Applies to

Certificate of service

Service

Mail

The certificate lists first-class mail as a service method and provides a date field.

Service method: ☐ first-class mail on ☐ hand delivery on

INFO

Service

Mail

The certificate form lists first-class mail as a service method and provides a date field.

☐ first-class mail on