Baltimore City Cir. Ct. Juvenile DCM Plan 5

statutes, the Maryland Rules of Procedure, the “Revised Order of the Supreme Court of

Maryland for Continuances for Conflicting Case Assignments or Legislative Duties” and

this policy.

B. Advance Postponement Requests

1. An advance postponement (i.e., filed more than 72 hours before the event) or

continuance will not be granted except as specifically authorized by this policy.

2. A party requesting a postponement in advance of the hearing shall make a good faith

effort to notify the other parties of the postponement request and obtain agreed

upon proposed rescheduling dates in the event the request is granted. A good faith

effort includes, at a minimum, contacting the other parties in person, or by telephone,

fax and/or e-mail – in addition to mailing the request to the parties pursuant to the

Maryland Rules of Procedure.

3. Except in instances in which the State and the respondent agree to mutually postpone

a case in order to allow a respondent to comply with certain conditions so as to avoid

a delinquency adjudication; a stipulation or agreement by the parties to a

postponement will be considered but is not a determinative factor in the court’s

decision whether to grant the postponement or continuance.

4. A postponement on the day of the initial CINA or delinquency adjudication and

dispositional hearing is subject to the discretion of the court and may be granted for

good cause. However, the court will not grant a postponement if:

a. The party requesting the postponement failed to make good faith efforts to notify

a non-appearing witness of the hearing date; or

b. In a delinquency adjudication, the State knew or should have known of the

unavailability of a police officer more than 72 hours prior to the hearing and failed

to request an advance postponement.

5. A postponement of an exception hearing, a violation of probation hearing, or a

delinquency court review hearing may be permitted for good cause if:

a. The party requesting the postponement was not consulted prior to the scheduling

of the hearing;

b. The party requesting the postponement, or an attorney or witness for that party,

is unavailable on the date of the scheduled hearing; and

c. The party can demonstrate timely good faith efforts to request a postponement

upon discovering the unavailability of the party.