Allegany Cnty. Cir. Ct. Family DCM Plan 6

Track 2 1. Contested Divorce, with or without custody Answer + 240 days = 270 days

Family Standard and child support

2. Contested Child Support

3. Contested Child Access

4. Contested Adoption

5. Guardianship

6. Paternity

Track 3 1. Contested Divorce, with business property, 270-330 days

Family Complex 3rd party custody, or alimony 3-5% of caseload; specially assigned

and custom managed

Track 4 Limited Divorce 730 days

Limited Divorce

Track Designations Set after First Answer

After receipt by the Court of an Answer to the complaint, the Family Services Coordinator (FSC) will

review the file. If appropriate, the FSC will make arrangements for services to be provided to the

parties. Services range from mediation, family counseling, psychological examinations, or any other

services that may be Court ordered. Thereafter, the file is forwarded to the Family Law

Magistrate’s office for scheduling of matters authorized by MD. Rule 2-541(b)(1) and MD. Rule 9-

208(a)(1)(A-K). A copy of the Administrative Order authorizing the Family Law Magistrate to hear

these cases is attached hereto. If the case requires a hearing before a judge, the file is forwarded to

the Assignment Office for the purposes of scheduling. In many instances, a case may have a hearing

scheduled before the magistrate and the Court.

Table 1.2 and Diagrams 1.1-1.4 on the following pages illustrate the events and times required for

family case processing tracks.

Table 1.2 – Family DCM Track Guidelines

Other Discovery Pretrial

Family Casetypes Answer Hearing Motions Settlement Exhibit

Track Tracks Filing Filed Mediation Types Filed Conference List Merits Hearing

Track 1 Expedited 0 days 30 days - 90 days 90 days - - 120 days

Track 2 Standard 0 days 30 days 120 days 180 days 180 days 210 days 210 days 270 days

Track 3 Complex 0 days 30 days 120 days 240 days 240 days 270 days 270 days 365 days

Track 4 Limited Divorce 0 days 30 days - 90 days 90 days - - 730 days

Diagram 1.1 – Family DCM Track Diagram

Track Family Tracks Weeks 1-4 5-8 9-12 13-16 17-20 21-24 24-28 29-32 33-36 37-40 41-44 45-48 49-52 53-104

Track 1 Expedited 120 days 365 days = time standard

Track 2 Standard 270 days

Track 3 Complex 365 days

Track 4 Limited Divorce 720 days

Diagram 1.2 – Family Track 1 Expedited Case Processing

Consent

Yes

Mediation Settled? Judgment/

Dismissal

No Enforcement

File Proof of Yes Answer? Yes Merits Entry of

Service? Discovery

Complaint Hearing Judgment

Post-

No No

Judgment

Motion for Motion

Yes Default

Default

Jdgmnt? Granted

Appeal

No

3 months elapsed time

Dismissal

Diagram 1.3 – Family Track 2 Standard, and Track 3, Complex Case Processing

Consent

Mediation/ Yes

Discovery Settled? Judgment/

Support Svsc Dismissal

No Enforcement

Pendente

File Proof of Yes Answer? Yes Scheduling Settlement/ Trial/Merits Entry of

Service? Lite/Motions

Complaint Conference Pretrial Conf Hearing Judgment

Hearings

Post-

No Yes

No Judgment

Family Svc No

Motion for Yes

Default

Motion

Default

Contact Def? Granted

Jdgmnt?

Appeal

No

3 months elapsed time

Dismissal

Track 2 – Standard ≈ 240 days

Track 3 – Complex ≈ 548 days

Case Processing Events – All Family Case Types

The following are the major events for family cases.

File a Case

The following steps are required to file a family case:

(a) File a complaint with the Court (Md. Rule 2-111) at the Circuit Court Clerk’s office. Most

family cases are required to attach a completed Domestic Case Information Report (CC-DCM-001), with the complaint. Family case subtypes exempt from filing the Domestic Case

Information Form include the following:

 Contempt for failure to pay child support, when filed by a government agency

 Domestic violence relief under Code, Family Law Article, §§ 4-501 through 4-516,

including Rule 3-326(c) transfer

 Guardianship, other than action to terminate parental rights (Rules 10-201 through

10-305)

 Paternity, when filed by government agency (Code, Family Law Article, §§ 5-1001)

(b) Pay filing fee. Refer to the Summary of Charges, Costs, and Fees of the Clerks of the Circuit

Court for fees. The filing fee for divorce cases is $165.00. (See Divorce, Complaint for Limited

or Absolute.) Filing fees may be waived by the Court, based on the following conditions:

 Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089); and/or

 Representation by a civil legal aid lawyer; and/or

 Other determination by the Court.

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.

(c) Notify the other party (Defendant). The plaintiff is required to attempt to notify the

defendant that a complaint (lawsuit) has been filed against the defendant. The clerk will

issue a summons to officially notify the defendant that a suit has been filed (Md. Rule 2-

112). The summons has to be served on the defendant within 60 days. After the time limit

has expired, the summons is no longer valid, unless renewed by motion of the plaintiff. The

original complaint and summons must be delivered to the defendant:. There are four legal

ways to deliver these documents to the defendant: 1) Certified Mail, 2) Private Process; 3)

Constable (not available in Allegany County); and 4) Sheriff.

(d) Proof of Service. The Court requires that the plaintiff fill out an Affidavit of Service

(Private Process) (CC-DR-55) or Affidavit of Service (Certified Mail) (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 for the defendant to file an Answer, the plaintiff may not be

able to present their case on the trial date.

(e) Lack of Jurisdiction. Between the filing of the complaint and service, the Court may dismiss

cases for lack of jurisdiction, following service for lack of prosecution, or the cases are

withdrawn. 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 motion to vacate or defer the order of

dismissal, or the case will be dismissed without prejudice. After the 30-day expiration, the

Clerk’s Office reviews the case, and presents it to a judge who signs an order dismissing the

case. A motion docket entry is made that the case is dismissed for lack of jurisdiction.

Answer

The defendant must file an Answer, typically within 30 days after they have received a summons,

for most Circuit Court civil case subtypes (Md. Rule 2-321). 3 See exceptions in 1(a) above. If a

contested Answer is filed, the Court considers these cases to be at issue, and the case shall proceed

(Md. Rule 2-323). In addition, if the defendant seeks to modify any information on the original case

information report, or expects to file a counterclaim, cross-claim, or third-party claim, he or she is

required to file with the Answer a defendant’s Domestic Case Information Report.

Lack of Prosecution. Following service, the Court actively dismisses cases for lack of

prosecution after one year under Md. Rule 2-507. The majority of dismissals occur after the

answers have been filed. See Answer above. Following service, if an Answer has not been filed

or, following Answer, no other action has been taken on the case after one year, the Clerk’s

Office sends notices to the parties that they have 30 days to file a motion to vacate or defer the

order of dismissal, or the case will be dismissed without prejudice. After the 30 day expiration,

the Clerk’s Office reviews and dismisses the case. A motion docket entry is made that the case is

dismissed without prejudice for lack of prosecution.

3 Exceptions include defendants who live outside the Stat e of Maryland, resident agents, officers or agencies

of the U.S. government, among others. See MD. Rule 2- 321.

Track1 – Family Expedited Cases

After the Answer has been filed, and both parties agree that the case is primarily uncontested or an

expedited matter, the Assignment Office will set the case for a final merits hearing with a magistrate

or a judge, typically within 60 days of the Answer. The anticipated length of the hearing should be

½ day or less. If no Answer has been filed, a default order is issued, and a final merits hearing also is

automatically set within 60 days.

Uncontested Final Merits Hearings

All uncontested divorce proceedings are scheduled in the Courthouse before a magistrate if a

waiver of the filing fee has been granted. If a party or attorney has a conflict on the date of the

scheduled hearing before a magistrate, a written request for postponement must be filed and a copy

of the request must be sent to the defendant. The magistrate will make a ruling as to the requested

postponement and reschedule the matter if granted.

If the filing fee was paid by the plaintiff, testimony must be scheduled before a Standing Examiner

of the Court. The scheduling of the testimony must be done by the plaintiff and the fee for the

Standing Examiner is paid by the plaintiff directly to the Standing Examiner.

Tracks 2 and 3 – Family Standard and Complex Cases

Family Services and Programs

The following are some of the services that may be ordered as part of an ongoing contested family

case. A judge may order, or a magistrate may recommend, any of these services at any time in the

case process.

(a) Co-parenting classes

(b) Intensive services parenting workshop

(c) Supervised visitation and monitored exchange

(d) Mediation and intensive services mediation

(e) Family support services

(f) Child access investigations

(g) Psychiatric evaluations

(h) Child access evaluations

Emergency Hearings

If there is some immediate substantial injury that will result to the party or the party's child or

children before a regularly scheduled hearing can be held, an emergency or temporary hearing may

be considered in a domestic case. These types of hearings may occur at any time during a case, but

may be filed early in the case by either party. In order to request an emergency hearing, a motion

must be filed requesting an emergency hearing. The motion should contain all of the relevant facts

including the reason why the matter needs immediate Court attention. It is helpful to include with

the motion a statement regarding the time estimates to hear the motion and whether medical

experts may or may not be called. Motions for emergency hearings should be sent to the opposing

counsel/party.

An affidavit and certificate of service must accompany the motion for an emergency hearing

detailing the facts that give rise to the emergency. In certain instances, where the party does not

have the personal knowledge to support all of the facts in the motion, additional affidavits should

be used. All affidavits are to be attached to motions for mailing and/or service and must be signed

by the party not by counsel, unless the attorney has personal knowledge. The request for an

emergency hearing will be reviewed by an assigned magistrate or judge, depending on the issues,

and if approved, it will be scheduled before an assigned judge or magistrate in an expedited fashion.

Temporary Ex Parte and Restraining Orders

Temporary Ex Parte: Temporary ex parte orders for domestic violence cases are to be presented

to a judge for ruling. The judge may conduct an ex parte hearing before making a ruling. The

original request for ex parte relief must be filed with the Clerk’s Office before the matter is heard by

a judge. Ex parte requests may be denied without a hearing if the request does not sufficiently state

a claim that may warrant ex parte relief. If the ex parte protective order is approved, a domestic

violence protective order hearing will be set within seven days before an assigned judge. (See

generally, Family Law Ann. Code of MD. 4-504 through 4-506.)

Temporary Restraining Orders: Temporary restraining orders for domestic matters not

pertaining to domestic violence are to be presented to a judge for ruling. The original temporary

restraining order request must be filed with the Clerk’s Office before the matter is heard by a judge.

Ex parte requests may be denied without a hearing if the request does not sufficiently state a claim

that may warrant ex parte relief or if proper notice is not given to the opposing side. Maryland Rule

15-504 requires that any ex parte request be accompanied by certification of notice, or

alternatively, of specified efforts commensurate with the circumstances to attempt to provide

notice to the opposing side or their counsel.

If a temporary restraining order is granted, the party affected by the order may apply for

modification or dissolution of the order on two days’ notice to the party who obtained the

temporary restraining order. If notice is given, a hearing before the assigned judge will be

scheduled at the earliest possible time. (See generally, Md. Rule 15-501 through Md. Rule 15-505.)

Discovery

Procedural and discovery motions should be filed as outlined in the Scheduling Order issued by the

Assignment Office. Dispositive motions may be filed at any time. If necessary, a motions hearing

will be scheduled by the Assignment Office prior to the date of the merits hearing.

Pretrial Settlement Conference

A Pretrial Settlement Conference shall be conducted in accordance with Md. Rule 2-504.2. The

purpose of the Pretrial Settlement Conference is to reach a settlement on a case, or to confirm that a

case is ready to go to trial. Counsel or the parties shall be directed to prepare and file, no later than

five business days prior to the Pretrial Settlement Conference, a written statement, in accordance

with Md. Rule 2-504.2. All parties and their counsel must be prepared to discuss all aspects of the

case in anticipation of settlement. The settlement judge will not be the same judge as the trial judge.

Counsel of record, who will try the case if it goes to trial, must appear at the Pretrial Settlement

Conference unless excused by the judge who is conducting the Pretrial Settlement Conference. For

those cases that go to trial, a pretrial order governing the further handling and trial shall be

prepared using the Civil Pretrial Order form. If the case is not ready for trial, it is within the

discretion of the settlement judge to resolve any open issues or re-set the Pretrial Settlement

Conference with any appropriate directions or orders regarding the completion of such matters as

will make the case ready for trial. Some complex or specially assigned cases may require a more

extensive and lengthy Pretrial Settlement Conference, either for settlement purposes or for

consideration of other Pretrial matters. Any such special assignment shall be made with the

approval of the County Administrative Judge.

If a settlement is reached, the settlement judge will enter a corresponding order, or the agreement

will be placed on the record that day by the settlement judge. Counsel will be instructed, if

necessary, to file an order or line of dismissal and pay any open costs within a specified time.

Counsel who are designated to prepare any such final order must comply within the timeframe

established by the judge. Any disagreements between counsel regarding the language of the order

must be resolved timely between counsel or by prompt notification to the Court. Any failure to

comply with this provision may result in sanctions being imposed by the Court, including but not

limited to monetary sanctions and/or counsel fees. Counsel for the parties, all representatives with

full authority, and all parties may be required to appear in Court on a date to be determined solely

in the discretion of the Court to explain the failure to timely file the appropriate order.

Cases that do not settle at the Pretrial Settlement Conference, will proceed to trial as outlined in the

Scheduling Order issued in the matter.

Required Documentation

Marital property: In advance of any Pretrial Settlement Conference, counsel is required to prepare

and exchange initial drafts of a Md. Rule 9-207 Joint Statement of Parties Concerning Marital and

Non-Marital Property in all cases with contested issues involving marital property. Although a

finalized Joint Statement is not required at the Pretrial Settlement Conference, the initial drafts

must be provided to the settlement judge for use in the Pretrial Settlement Conference.

Child support: Also, in advance of any Pretrial Settlement Conference, counsel is required to

prepare and exchange proposed Child Support Guidelines in all cases with contested child support

issues. The draft guidelines must be provided to the settlement judge for use in the Pretrial

Settlement Conference.

Postponement or Cancellation of a Settlement Conference

Any request to postpone or re-schedule a Pretrial Settlement Conference must be made in writing

for ruling by the senior judge. If a case settles in advance of the Pretrial Settlement Conference,

parties or their counsel must notify the settlement judge so the matter can be removed from the

settlement schedule.

Pretrial Order

If a case is not settled at the Pretrial Settlement Conference, the Court shall enter an order that

recites the decisions made at the Pretrial Settlement Conference.

Final Merits Hearing/Trial

Trials, and all Court events, are set on a date certain by scheduling order when the answer is filed.

At trial, all parties should be prepared to present any witnesses, evidence or exhibits to prove or

defend against a claim. If the trial date is postponed for good cause, a new trial date will be assigned

by the Assignment Office after consultation with counsel to determine a date certain. The

procedures for seeking a postponement are below.

All Tracks – Family Cases

Final Order/Judgment

The final order/judgment is entered by the clerk following a trial. The order of the Court is signed

by the judge who heard the case. The date of the judgment is the date the clerk enters the judgment

on the electronic case management system docket (Md. Rule 2-601).

Post-Judgment

The parties have 10 days to file a motion to alter or amend a judgment (Md. Rule 2-534), and 30

days to file an appeal. On appeal, a Circuit Court case will be reviewed in the Court of Special

Appeals.

Enforcement

After the Court issues a judgment and it is entered into the record by the Clerk’s Office, both parties

will receive a copy of the judgment by mail or by placing a copy in the attorney’s mailbox located in

the Clerk’s Office. If a money judgment was awarded, it should be noted that the Court will not

collect the money owed to the prevailing party. To begin an enforcement action, the prevailing

party will have to complete and file more forms with the Court, pay the required filing fees and

appear in Court for additional hearings. The prevailing party usually must wait 10 days before he

or she can take further legal action to enforce the judgment. Once the waiting period passes, there

are three different ways a creditor can collect on the judgment:

1. Garnishing the other person’s wages;

2. Garnishing the other person’s bank account; or

3. Seizing the other person’s personal property or real estate.

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.

If the other person does not have a job, a bank account, real estate or other significant property, it

may be difficult to collect on the judgment.

Family Assignment and Scheduling

At the time of the filing of the action, the case will be assigned to a judge by the Clerk’s Office as

outlined earlier in this plan. That judge will handle all aspects of the case, unless certain matters

are referred to the magistrate. The magistrate will hear matters assigned to both judges.

Postponements

It is the policy of this Court to resolve family disputes without unnecessary delay or undue waste of

the time and resources of the Court, the litigants, and other case participants. Although it may be

necessary or appropriate to postpone a hearing or Court event, such requests should be based upon

a showing of good cause, and should be done well in advance of any scheduled Court deadline or

event. Requests for postponement are particularly disfavored on the day of a hearing or trial. The

Court also views with disfavor any request for postponement or for modification of a scheduling

order that delays the resolution of the matter beyond 12 months from the date of filing, which is the

case time standard that applies to family cases other than complaints for limited divorce.

Modification of Scheduling Order and Postponement of a Settlement Conference or Final

Merits Hearing: All requests for modification of a scheduling order, merits hearing, or trial shall

be in writing in the form of a motion for postponement. If all parties consent to the modification or

postponement, the motion for postponement must be signed by all counsel. It is not sufficient to

simply note in the motion that opposing counsel does not oppose the request. All requests must set

forth the basis for the modification or postponement. A motion for postponement must be made in

a timely fashion to allow for responses to the motion to be filed. (See Md. Rule 2-311(b)).

Good Cause Requirement: The following shall generally be considered good cause for

postponement, but are not inclusive. The Court will consider each request on its own merit:

(a) Trial date conflict. The first case set takes precedence;

(b) Serious illness of, or death in the family of a party, counsel, or necessary witness;

(c) Vacation(s) scheduled prior to any assigned t rial or hearing date;

(d) Counsel is in trial in another matter that ca rries over to cause a conflict;

(e) A party did not receive notice of the hearing or trial, through no fault of the party or

their counsel.

(f) Facts or circumstances arising or becoming ap parent too late in the proceedings to be

corrected in advance of the hearing, and which, in the view of the Court, would likely cause undue

hardship or a possible miscarriage of justice if the hearing or trial proceeded as scheduled.

The following are generally NOT considered good cause for postponement:

(a) Vacations(s) scheduled after establishing a t rial or motion date;

(b) Consent of counsel without compelling reason or a substantive basis;

(c) The matter has not previously been postponed (no peremptory postponements);

(d) Any matter known or which should have been kn own when the trial date became firm;

(e) New counsel has entered an appearance or a pa rty wishes to change counsel;

(f) Discovery is incomplete or was just provided;

(g) A party wishes to conduct further investigati on;

(h) A party or counsel is unprepared to try to th e case for reasons including, but not limited

to, the party’s failure to cooperate with or maintain necessary contact with counsel.

Requests for postponement of trial/hearing dates will be ruled upon by the judge or magistrate

who is scheduled to hear the case.

Interpreters

Interpreters are available at no cost to a party or witness involved in a case.

If a party or a witness in a case requests an interpreter, the file is forwarded to the Interpreter

Coordinator for the purposes of securing the appearance of an interpreter at all court proceedings.

In addition to Courtroom proceedings, individuals who may need the assistance of an interpreter in

settings other than the Courtroom, the Interpreter Coordinator is authorized to obtain interpreting

services for any of the following Court-ordered and Court-offered services: ADR/mediations

conducted by Court appointed mediators; and, free of charge events conducted by the Court to

assist the public to access Court services such as workshops, walk-in clinics, self-help centers, etc.

The Court is an authorized State of Maryland Judiciary user of Video Remote Interpreting (VRI)

services. VRI services are limited emergency, or any short and non-complex hearing where limited

testimony will be given. In some instances, it may be used in the event the Court is unable to secure

the physical presence of an interpreter. All VRI services are coordinated through the Court

Interpreter Office.

In addition, interpreter assistance in the Clerk’s Office at the counter and information desks is

available via telephone with Language Line. Additional information about Language Line can be

found in the Clerk’s Office or in the Interpreter Coordinator’s Office.

Forms

The following forms may be required to be attached a complaint in family cases, or to complete a

filing and service.

CC-DCM 001 Domestic Case Information Form

CC-DR-55 Affidavit of Service (Private Process)

CC-DR-56 Affidavit of Service (Certified Mail)

CC-DC-089 Request for Waiver of Prepaid Costs

The following form can be used to request a change in a scheduled hearing or trial at the Circuit

Court:

CC-DC-070 Motion for Postponement