Allegany Cnty. Cir. Ct. Civil DCM Plan 4

Consistent with the Case Time Standards adopted by the Judicial Council, Constitutional

requirements, and applicable Maryland Rules, it is the goal of this Plan to ensure that all civil cases,

jury and non-jury, with the exception of foreclosure cases, be concluded within 18 months (548

days) of the filing date. The time standard for foreclosure cases is 24 months from case filing. In

order to achieve this goal, the Circuit Court is committed to resolving different categories of cases

within a regular and predictable time frame warranted by the needs of those cases. For simpler and

many typical cases, the warranted timeframe may be shorter than 18 months.

The DCM Plan for civil case types does not include family or domestic relations case types.1 Civil

cases with claims greater than $5,000, up to $30,000, may be filed in the District or Circuit Court.

1 See Family DCM template for all civil domestic case types.

Cases with claims greater than $30,000 must be filed in Circuit Court. Formal rules of procedure

and of evidence apply in civil cases. Either side may demand a jury trial in cases with claims greater

than $15,000.00 (Md. Code, Courts & Judicial, § 4-402). If a jury trial is requested, the case must be

heard in Circuit Court. A jury trial may be requested at any stage of the process, up to the trial and

judgment.

Case Management

Until such time as this Court may hire a Civil Case Administrator, the policies and procedures

outlined in this Plan shall be implemented by the County Administrative Judge and/or Court

Administrator and his or her back-up and their respective staff. The Court Administrator reports to

the County Administrative Judge. The County Administrative Judge supervises all aspects of civil

case management, and is ultimately responsible for the implementation of this Civil DCM Plan,

pursuant to Md. Rule 16-302(b). The County Administrative Judge designates certain judges to hear

the various civil matters, and makes final decisions about whether and to whom a case should be

assigned, when necessary.

The County Administrative Judge shall have and exercise authority over such civil case issues and

matters and shall monitor the implementation and effectiveness of the DCM Plan.

All judges are responsible to comply with and implement in their rulings the provisions of this Plan.

Individual judges are responsible for the effective management of cases assigned to them; however,

the scheduling of assigned cases must always be coordinated with the Assignment Office and the

jury office. Assigned cases should be managed to the extent possible consistent with the provisions

of this Plan, including adherence to the Case Time Standards.

Civil Tracks

A civil case may follow four potential tracks to resolution. Tracks are defined based on the case

subtype. Tracks define expected case processing events, the timing of events, assignment, and the

expectations for case duration. The caseflow time standard for Circuit Court civil cases is 18

months [548 days] and 24 months for foreclosure cases, for 98% of dispositions; but expected case

duration is based on time needed to reach resolution, which may be less than the time standard.

Table 1.1 – Civil Tracks Case types and Outcomes

Track Case Subtypes Expected Case Duration and Notes

Track 1 1. Confessed Judgments Date of filing + 90 days

Civil Expedited 2. Administrative Agency Appeals

3. Mechanic’s Liens Tort = personal injury, property

4. Tax Sales damage, and negligence