Baltimore Cnty. Cir. Ct. Civil DCM Plan 16

Track 2 1. Condemnation Answer + 270 days = 330 days

Civil Standard 2. Contract (contested)

3. Mechanic’s Lien (contested)

4. Intentional Tort

5. Motor Tort

6. Other Tort

7. Worker's Compensation

8. Other Civil Cases

Track 3 1. Medical Malpractice 450 days

Civil Complex 2. Legal Malpractice 5% of caseload; specially assigned

3. Mass Tort and custom managed; trial > 4 days

4. Lead Paint

5. Business and Technology

6. Science and Technology ASTAR

7. Contract (major construction)

8. Major Product Liability

9. Toxic Tort Claims

10. Class Actions Suits or other Complex Cases

Track 4 1. Foreclosure cases 720 days

Foreclosure

Track Designations Set after First Answer

After the Court receives the first answer, a DCM Coordinator will review and assign the case to one

of the four civil tracks. If a complex track designation is requested, the case is reviewed by the DCM

Office. If it appears to be a complex track case, the case will be set for a scheduling conference within

approximately 30 days before one of the designated judges.

If an attorney or party disagrees with the designated track assignment, the attorney or party may

submit a request in writing to the DCM Office to change the track, stating the reason(s) why a different

track assignment is needed. All requests to change the track designation must be made within 30

days of the scheduling order being issued. The DCM Office will then notify all attorneys or

unrepresented parties in the case to see if they concur with the request to change the track

assignment. If the attorneys/parties cannot come to an agreement on a track assignment, the

Family/Civil Case Manager will discu ss the case with the Lead Civil Judge, who will then designate

the track based on track assignment guidelines. The DCM Coordinator will assign all civil cases under

the DCM plan to one of the four tracks.

The following diagram illustrates the events and times required for civil case processing tracks.

Table 1.2 – Civil DCM Track Guidelines

Track Scheduling

Conference

Plaintiff's

Expert

Reports

Defendant's

Expert

Reports

Discovery

ADR/

Mediation

Complete

Motions

Filing

Deadline

Settlement

Conference

Deadline

to

Exchange

Witness

Lists

Trial

Track 1 Civil

Expedited NA NA NA 50 days 75 days 60 days 75 days, if

scheduled

-15 days

prior to

trial

90-135

days

Track 2 Civil

Standard NA 90 days 150 days 180 days 210 days 210 days 240 days

-15 days

prior to

trial

330 days

Track 3 Civil

Complex 30 Days

Specially

assigned,

custom

managed

450 days

Track 4 Foreclosure NA 720 days

Track 1 – Civil Expedited

The diagram below illustrates case processing events for civil expedited cases.

Diagram 1.1 – Civil Expedited Case Processing

An action will ordinarily be assigned to the expedited track if it can be promptly tried with minimal

pre-trial discovery and other pre-trial proceedings. Generally, cases assigned to the civil expedited

track will include the following:

1. Confessed Judgments;

2. Administrative Agency Appeals;

3. Mechanic’s Liens (uncontested);

4. Tax Sales;

5. Structured Settlements;

6. Sale in Lieu of Partition;

7. Habeas corpus;

8. Trust & Guardianship;

9. Declaratory Judgment;

10. District Court De Novo & Record Appeals;

11. District Court Jury Trial Prayers;

12. Injunctions;

13. Mandamus;

14. Orphan’s Court Appeals;

15. Uncontested Contract; and

16. Forfeiture.

Discovery (if applicable) must be completed 50 days from the date an Answer is filed. All motions in

expedited cases (excluding Motions in Limine) are due 60 days from the date the first Answer is filed,

and a trial date is set 90 days after the first Answer is filed, except for those cases where a Settlement

Conference is scheduled. Settlement Conferences will only be scheduled for (1) District Court jury

trial prayers that are not referred to civil mediation; (2) administrative agency appeal cases, where

appropriate; and (3) any case where the parties agree that a s ettlement conference should be

scheduled. Settlement Conferences will be scheduled 75 days after the date the first Answer is filed.

If an expedited case is set for a Settlement Conference, a trial date will be scheduled at the time of the

Settlement Conference and should be set no later than 60 days after the Settlement Conference.

Some case types, such as tax sales and appeals on the r ecord without request for oral argument, do

not get set for any hearing. These cases are referred to a judge for ruling when they are ripe.

Civil Mediation in Civil Expedited Track Cases

Most contract and other tort cases filed in the District Court but transferred to the Circuit Court on a

jury trial prayer will be routinely referred for civil mediation. At least one plaintiff and one defendant

must be represented by an attorney for a case to be referred for civil mediation. A Mediation

Conference for a civil expedited track case shall be scheduled with the assigned mediator within 75

days after the first Answer is filed. A trial date is scheduled 90 days after the first Answer is filed. Civil

expedited cases referred for civil mediation will not be scheduled for a Settlement Conference.

If any of the parties believe the need for mediation does not exist in the case, they must file a written

notice within 30 days of the issuance date on the Scheduling Order with the DCM Office requesting

the case be exempt from civil mediation. After the 30-day period, the case will only be exempt from

civil mediation on a showing of good cause. T he Lead Civil Judge will rule on any request to exempt

a case from civil mediation. Once an exemption is granted, the case will be reschedule by the DCM

Office on the appropriate DCM track and set for a Settlement Conference. (Please see the Civil

Mediation section under civil standard track for other Rules, Policies and Procedures for civil

mediation cases.)

Track 2 – Civil Standard

The diagram on the following page illustrates case processing events for civil standard.

Diagram 1.2 – Civil Standard Case Processing

Most civil actions will be assigned to the civil standard track. Plaintiff's expert reports or disclosures

under Md. Rule 2-402(e)(1) will be due within 90 days after the date the first Answer is filed.

Defendant's expert reports or disclosures will be du e 150 days from the same date, along with the

deadline for the joinder of additional parties. All discovery in this tr ack must be completed within

180 days, and all motions (excluding Motions in Limine ) are due within 210 days. Settlement

Conferences will be set 240 days or eight (8) months after the date first Answer is filed. Trial dates,

if necessary, will be scheduled at the time of the Settlement Conference and will be scheduled no later

than 90 days after the Settlement Conference. Motions in Limine including objections to exhibits

shall be filed 30 days prior to the trial date and parties/counsel must exchange the list of all exhibits

and copies of all paper exhibits 15 days prior to trial. (Note: Documents will be deemed authentic if

an objection is not filed.)

Civil Mediation in Civil Standard Track Cases

The DCM Office will screen all cases to determine whether civil mediation is appropriate. Standard

track case types routinely referred for civil mediation include the following:

1. Contract cases;

2. Worker's compensation cases;

3. All tort cases, including motor torts; and

4. All other standard track cases where both parties consent to mediation.

At least one plaintiff and one defendant must be represented by an attorney for a case to be referred

to civil mediation. All mediators will be assigned to cases by the DCM Office on a rotational basis. By

mutual agreement of all parties and by written request, another court-appointed mediator may be

appointed from the approved roster of court-appointed mediators. Private mediator s who are not

appointed by the C ourt may also be utilized by the parties if a written request is made to the DCM

Office and it is mutually agreed upon by all parties /attorneys in the case. In the event that private

mediators are utilized, it is the responsibility of the private mediator to report the dis position of the

mediation conference to the Court using the Court’s evaluation surveys.

Scheduling and Other Civil Mediation Policies and Procedures

All Mediation Conferences are scheduled by the assigned mediator. Therefore, parties shall contact

the assigned mediator and obtain an agreed da te as soon as they receive the Scheduling O rder. If

parties do not contact the mediator and/or do not cooperate in having the M ediation Conference

scheduled in a timely manner, the assigned mediator shall set the date for the Mediation Conference

with the assistance of the DCM Office and send notice to all parties. Although earlier mediation is

recommended, all Mediation Conferences shall be completed within 210 days from the assignment

date on the Scheduling Order. Parties may request in writing to extend the mediation to a later date,

which must be set prior to the Settlement Conference.

Once a Mediation Conference date is scheduled, a party (or parties) must provide two (2) business

days of notice to the assigned mediator to postpone or cancel the scheduled M ediation Conference.

Failure to provide the mediator with such notice will result in the party or parties reimbursing the

mediator the costs for two (2) hours of time that the mediator reserved for conducting the mediation.

A Mediation Conference Statement f orm is available on the C ourt’s website for the use of all parties

in cases referred to mediation. The form shall be completed by each party and sent to the mediator

five (5) days prior to the scheduled M ediation Conference. As indicated on the civil mediation

instructions, a copy of this form does not have to be exchanged with opposing counsel or parties in

the case. All attorneys and parties are required to attend and participate in the Mediation Conference.

Any insurance carrier directly or indirectly involved in the outcome of the case must designate a

company representative with settlement authority to attend the M ediation Conference unless

excused by the mediator.

Prior to the Mediation Conference, an agreement should be signed by all parties, attorneys and the

mediator with respect to the confidential nature of the mediation proceedings. If the parties agree,

any communication made in connection with the mediation that relates to the controversy being

mediated, whether made to a mediator or a party, or any other person a t the Mediation Conference,

is confidential. The mediator shall also preserve and maintain by agreement the confidentiality of all

written and oral communications made in connection with or during a Mediation Conference, except

where required by law to disclose such information.

At the conclusion of the M ediation Conference, if the case has not settled, it shall proceed to the

Settlement Conference. If the case is settled at the Mediation Conference, a settlement agreement or

consent order must be filed with the C ourt by the attorneys. The mediator must also report the

disposition of the Mediation Conference to the Court using the Court’s evaluation surveys. Note: The

civil mediation instructions provide detailed court policy regarding civil mediation s and are

incorporated as part of the S cheduling Order. The instructions can be found on the C ourt’s website

here: http://www.baltimorecountymd.gov/Agencies/circuit/mediation/civilmediationinstr

uctions.html.

Exemption from Mediation

If any of the parties believes the need for mediation does not exist in the case, they must file a written

notice, within 30 days of the issuance date on the Scheduling Order, to the DCM Office requesting the

case be exempt from civil mediation. After the 30-day period, the case will only be exempt from civil

mediation on a showing of good cause. The Lead Civil Judge will rule on any request to exempt a case

from civil mediation. Once an exemption is granted, the case will be rescheduled by the DCM Office

on the appropriate DCM track.

Track 3 – Civil Complex

Diagram 1.3 – Civil Complex Case Processing

An action shall be assigned to the c omplex track if it appears likely that the case would benefit from

individualized judicial management based upon the number of parties involved, the complexity of

the claims and defenses raised, the legal difficulty of the issues presented, the factual difficulty of the

subject matter, a projected length of trial in excess of f our days, or any combination of these factors.

Generally, cases in the civil complex track will include the following:

1. Medical Malpractice;

2. Legal Malpractice;

3. Mass Tort;

4. Lead Paint;

5. Business and Technology;

6. Science and Technology ASTAR;

7. Contract (major construction);

8. Major Product Liability;

9. Toxic Tort Claims; and

10. Class Actions Suits or other Complex Cases.

Cases may be assigned to the c ivil complex track based upon the following: (1) a request for c ivil

complex track assignment on the Civil Case Information Report; (2) a written request sent to the

Family/Civil Case Manager explaining the specific reasons why the case should be a civil complex

track case; or (3) a determination by the County Administrative Judge or Lead Civil Judge that the

case should be on the civil complex track.

Once it is determined that a case is appropriate for the civil complex track, the DCM Office will

schedule a Civil Scheduling Conference in approximately 30 days before a judge and send notice to

all parties/attorneys. The Civil Scheduling Conferences will be scheduled in the designated judge’s

chambers with all parties/attorneys, but attorneys may request to participate in the Civil Scheduling

Conference via telephone. Attorneys requesting to participate by phone will need to contact the DCM

Office at 410- 887-3233. Complex cases that are identified as Business and Technology or ASTAR

cases will be assigned to a Business and Technology or ASTAR judge, who will then conduct the Civil

Scheduling Conference.

All event dates, including a Settlement Conference before a recalled judge, any Status Conference, and

the trial date, as well as all deadline dates for naming experts, discovery, motions deadline, deadline

to exchange witness lists and to file Motions in Limine, will be established at the Civil Scheduling

Conference. The length of trial and parameters for mediation will also be det ermined at the Civil

Scheduling Conference. If mediation is appropriate, the designated judge may select a mediator or

give the parties an opportunity to select a mediator themselves. The designated judge will set a

deadline for mediation to take place, which will be prior to the Settlement Conference. Any requests

for exemption from mediation or change of mediators that arise after the case is specially assigned

should be referred to the assigned judge. Otherwise, the civil mediation instructions referenced

above also apply to civil complex track cases. All civil complex track cases will be scheduled for trial

within 450 days (i.e., 15 months) unless there are extraordinary circumstances that warrant a later

date.

All civil complex track cases will be specially assigned. Judges will be assigned by the Lead Civil Judge.

Business and Technology and ASTAR cases will be assigned to the designated judges who hear these

cases, but, otherwise, special assignments are based on current work load and availability of the

judges. The DCM Office will issue the custom s cheduling order which will include the name of the

assigned judge. All postponement requests and any requests to modify the Scheduling Order will be

referred to the specially assigned judge. Any request to postpone the trial date beyond the case time

standard deadlines must also be approved by the County Administrative Judge.

Track 4 – Foreclosure Cases

Scheduling Orders are not issued in f oreclosure cases. Procedure in these cases is prescribed by

provisions of the Real Property Article and the Maryland R ules. Cases are reviewed by c ourt

foreclosure case staff for compliance with these prescriptions at case inception, ratification of sale

and ratification of the auditor’s report, and are then referred to those judges designated by the

County Administrative Judge to rule on f oreclosure cases. M otions in foreclosure cases are also

reviewed by court foreclosure case staff and referred to a designated foreclosure judge, who will

schedule a hearing as necessary.

General Civil Case Processing Policies and Procedures

Civil Case Motions

All administrative motions, such as motions for change of venue, to stay a case, for Md. Rule 2-507

dismissal, or to strike an attorney’s appearance shall be forwarded to the County Administrative

Judge, or her designee, for review and ruling.

All other motions, including discovery and dispositive motions, will be forwarded to the designated

Motions Judges for review and ruling. If a Motions Judge determines that a hearing on the motion is

necessary, the Judge will refer the case to the Civil Assignment Office to schedule a Motions Hearing

within 30 days. The case will then be forwarded to an assigned judge for review in advance of the

hearing.

Settlement Conferences

All Settlement Conferences shall be conducted in accordance with Md. Rule 2-504.2. The purpose of

the Settlement Conference is to reach a settlement on a case and, if not settled, to confirm that a case

is ready to go to trial. S ettlement Conferences are routinely scheduled before a recalled judge. Any

settlement agreement reached between the parties will be placed on the record by the settlement

judge. Unless requested in writing and approved in advance by the Settlement Court, all parties and

counsel must appear in person.

Required Documentation

Counsel or the parties shall file, no later than five (5) business days prior to the Settlement

Conference, a pretrial statement in accordance with Md. Rule 2-504.2 (b), which includes the

following information:

(1) A brief statement by each party of the facts to be relied on in support of any claim or

defense;

(2) Any amendments required to the pleadings;

(3) Simplification or limitation of issues;

(4) Stipulations of fact;

(5) The details of the damages claimed or any other relief sought.

Postponement or Cancellation of a Settlement Conference

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

accordance with the Civil Postponement Policy. Requests made within ten (10) days of the scheduled

conference are strongly discouraged. If a case settles in advance of the settlement conference, parties

or their counsel must notify the Settlement Office at 410-887-2920 so the matter is removed from

the settlement schedule.

Procedure for Scheduling Merits Hearing

Upon arrival in Settlement Court, parties and counsel will set a tentative agreed date for a merits

hearing before meeting with a Settlement Judge except in complex civil cases, which will already have

a trial date. If the case is not resolved in Settlement Court, that trial date will be finalized, and can

only be postponed by the Lead Civil Judge or the County Administrative Judge prior to the day of trial

or by the assigned judge on the day of trial. Any follow up Settlement Conference must be set prior

to the trial date.

Civil Assignment and Scheduling

The County Administrative Judge shall designate a Lead Civil Judge, the judges who have primary

responsibility for the handling of S cheduling Conferences, the Motions Judges, and the foreclosure

judges. The trial judge will be accountable for the outcome of cases assigned to them for trial. All

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

Postponements

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

of the time and other 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 postpo nement or for modification of a scheduling

order that delays the resolution of the matter beyond 18 months (24 months for Foreclosure cases)

from the date of filing, which is the case time standard that applies to civil proceedings.

Postponement of Motions Hearings or Civil Mediation

The date of a motions hearing may be reset by conference call between the parties and the Court. If

the party requesting the change is unable to arrange a conference call with all necessary parties or

counsel, or obtain agreement on a new proposed date, the request must then be made in writing and

directed to the Civil Assignment Office to process. All such requests must be made no later than five

(5) days prior to motions hearing and will be ruled on by the Lead Civil Judge or the County

Administrative Judge. Conference calls to re-schedule a motions hearing shall be directed to the Civil

Assignment Office at 410-887-2660.

Requests to postpone a Civil Mediation Conference shall be directed to the assigned civil mediator.

If the party requesting the change is unable to arrange a conference call with all necessary parties or

counsel, or obtain agreement on a new proposed date, the request must then be made in writing and

directed to the DCM Office to process. All such requests must be made no later than five (5) days

prior to mediation conference and will be ruled on by the Lead Civil Judge.

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

All other requests for modification of a S cheduling Order or for postponement of a Settlement

Conference or trial shall be in writing. All requests must set forth the basis for the modification or

postponement, the position of other parties or their counsel, and provide suggested new scheduling

dates.

Good Cause Requirement

The following shall generally be considered good cause for postponement:

 Trial date conflict. The first case set takes precedence;

 Serious illness of, or death in the family of a party, counsel, or necessary witness;

 Vacation(s) scheduled prior to any assigned trial or hearing date. For vacations, requests for

postponement must be made within 10 calendar days of notification of the scheduled event;

 Counsel is in trial in another matter that carries over to cause a conflict with the Baltimore

County date;

 A party did not receive noti ce of the hearing or trial, through no fault of the part y or their

counsel.

 Facts or circumstances arising or becoming apparent 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:

 Vacations(s) scheduled after establishing a trial or motion date;

 Consent of counsel without compelling reason or a substantive basis;

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

 Any matter known or which should have been known when the trial date became firm;

 New counsel has entered an appearance or a party wishes to change counsel;

 Discovery is incomplete or was just provided;

 A party wishes to conduct further investigation;

 A party or counsel is unprepared to try to case for reasons including, but not limited to, the

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

Rulings on Requests to Modify Scheduling Orders or to Postpone

Advance requests for postponement of a trial or modification of the Scheduling Order will be referred

to the County Administrative Judge for ruling. Requests for postponement or modification of the

scheduling order in cases that are specially assigned, shall be referred to the assigned judge.

Requests filed within 15 days of a hearing or trial are processed through the Central Assignment

Office. All other requests are processed through the Civil Assignment Office.

Requests for postponement made on the date of a hearing or trial shall be heard on the record before

the assigned judge. Postponements on the date of tr ial are strongly disfavored, and should only be

granted upon a compelling showing of good cause or other special circumstance. If a case is

postponed, parties and counsel shall be directed to the Civil Assignment Office to select an agreed reset date.

Requests to Strike Appearance of Counsel

Absent a showing of some compelling circumstance, a motion to s trike appearance of counsel will

not be granted within the 14-day period before an assigned Settlement Conference or hearing date

unless accompanied by the entry of appearance of another attorney. Similarly, a motion to strike

appearance of counsel will ordinarily not be granted during a period when counsel is responsible to

submit a draft order to the C ourt based upon a prior hearing or ruling. Counsel are reminded that,

pursuant to Md. Rule 2-132(b), the Court “may deny the motion if withdrawal of the appearance

would cause unduly delay, prejudice or injustice.” All requests to strike appearance of counsel will be

ruled upon by the County Administrative Judge.

Interpreters

If there is a need for an interpreter for a party or witness in a civil case, the party or his/her attorney

shall promptly notify the Court by using the Request for Spoken Language Interpreter form found on

the Maryland Judiciary website here:

http://www.courts.state.md.us/courtforms/joint/ccdc041.pdf or, if a sign language interpreter

is needed, the Request for Accommodation for Person with Disability Form found

here: http://www.courts.state.md.us/courtforms/joint/ccdc049.pdf. Requests should be made

no less than 10days prior to a scheduled court event, absent extraordinary circumstances. A delay in

notifying the Court of the need for an interpreter may result in the inability to handle a case on the

scheduled date. Requests for interpreters must be specific as to the language and, if appropriate, the

particular dialect or signing system that may be needed. The request must also specify for whom the

interpreter is needed. You can see what c ourt events are covered by this pol icy

here: http://www.courts.state.md.us/courts/pdfs/interpretersforctrelatedevents.pdf

The Request for Spoken Language Interpreter form shall be filed with the Clerk’s Office. The Clerk’s

Office shall forward the Request for Spoken Language Interpreter form to the Spanish Interpreter

Coordinator in the Clerk’s Office (any requests for interpreters that are filed in motion form shall also

be directly forwarded to the Interpreter Coordinator immediately when filed). The Spanish

Interpreter Coordinator will enter that an interpreter is an involved party to the case in the computer

system and then coordinate with the Court Administrator’s Off ice to ensure a certified c ourt

interpreter will be scheduled for all c ourt events. A party, or his/her attorney, must indicate the

length of the scheduled court event. Unless the Court is advised of a case’s specific duration, the Court

will only hire interpreters for a single morning or afternoon session.

Once an interpreter has been appointed in a case, there is no need for the party or his/her attorney

to submit a new request for each court event. Clerk’s Office staff and Court staff who vacate, postpone

or reschedule a court event in a case where an interpreter has been appointed are required to inform

the Court Administrator’s Office that the event was vacated, postponed or rescheduled by sending an

e-mail to CourtInterpreter@baltimorecountymd.gov.

The party requesting an interpreter shall remain responsible for confirming that an interpreter has

been ordered and shall notify the Court immediately if the need for the interpreter changes. If it

becomes necessary to cancel an i nterpreter for a court scheduled event, then the party or his/her

attorney should complete a Cancellation of Interpreter Form found here:

http://resources.baltimorecountymd.gov/Documents/Circuit/cancelinterpreterform.pdf and either

mail it to the Court Administrator’s Office (County Courts Building, Room 421, 401 Bosley Avenue,

Towson, MD 21204) or send it to the Court Administrator’s e-mail address

here: CourtInterpreter@baltimorecountymd.gov. If a request for interpreter is not cancelled at

least 48 hours in advance of the trial or hearing, the Court will be billed for the interpreter’s services.

If the Court is billed for an interpreter needlessly as a result of counsel’s failure to advise the Court

that the interpreter will not be needed, or because counsel or a litigant does not appear in court in a

timely manner, the Court may assess the interpreter costs against th e party or counsel causing the

unnecessary expense.

Baltimore County has the benefit of a Spanish-speaking interpreter who is employed by the Clerk’s

Office. The interpreter, or a supplemental Spanish-speaking back-up interpreter, is available on a

daily basis when court is in session. The interpreter’s regular presence in the courthouse allows

some Spanish-speaking matters to go forward without delay. The fact that a Spanish-speaking

interpreter may be available does not obviate attorneys and parties of the requirement to make a

timely request for an interpreter’s presence in court by filling out and submitting the Request for

Spoken Language Interpreter form.

Forms

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

filing and/or service.

CC-DCM-002 Civil Non-Domestic Case Information Report

CC-DR-055 Affidavit of Service (Private Process)

CC-DR-056 Affidavit of Service (Certified Mail)

The following forms are used to request an interpreter for a court scheduled event.

CC-DC-041 Request for Spoken Language Interpreter

CC-DC-049 Request for Accommodation for Person with Disability