Baltimore Cnty. Cir. Ct. Civil DCM Plan 4

Consistent with the case time standards adopted by the Judicial Council, Constitutional requirements

and applicable Md. 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 the filing of the case. In order to achieve

these goals, 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 cases, the warranted

time frame 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 (Md. Code § 4-402.) If a jury trial is requested, the case must be heard in Circuit Court.

Case Management

The policies and procedures outlined in this plan shall be implemented by the Lead Civil Judge and

staff. The Lead Civil Judge reports to the County Administrative Judge. The County Administrative

Judge supervises all aspects of civil case management and i s ultimately responsible for the

implementation and monitoring of this Civil DCM Plan, pursuant to Md. Rule 16-302(b). The Lead

Civil Judge shall have and exercise authority over such civil case issues and matters as designated by

the County Administrative Judge and shall monitor the implementation and effectiveness of the Civil

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 manag ement 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.

Case Processing – All Civil Case Types

File a Case

The following steps are required to file a civil case:

(a) File a complaint, attaching a completed Case Information Report (CC-DCM-02,) with the

Court (Md. Rule 2-111) for most civil case subtypes, except those cases that are exempt by a

revised administrative order of the Chief Judge of the Court of Appeals dated December 2,

2005, effective January 2, 2005 (See list of these cases in the Committee Note to Md. Rule 2 -

111.)

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

Circuit Court for fees. The filing for most civil complaints is $165.00. (See Civil, New Case.)

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 (prepaid costs).

At the conclusion of the case, the judge will decide who should pay the court cost s, including

fees, even if the waiver of prepaid costs was granted. If a party cannot afford to pay the final

court costs assessed against them, he/she will need to complete the Request for Final Waiver

of Open Costs form (CC-DC-090), provide a copy of the request to the opposing party or that

person’s lawyer, file the request with the Clerk’s Office, and submit the request in open court

on the day of the hearing.

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

defendant that a complaint 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 60days. After the time limit has expired,

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

complaint, summons and Case Information Report must be delivered to the defendant. There

are three legal ways to deliver these documents to the defendant: 1) certified mail, 2) private

process; and 3) sheriff. Alternative methods of delivery may be approved by order of the

Court.

(d) Proof of Service. The Court requires that the individual who made service (cannot be a party

to the action, but any competent person 18 years of age or older) fill out and sign an Affidavit

of Service (Private Process) (CC-DR-55) form when service is made by a private process, or

an Affidavit of Service (Certified Mail) (CC-DR-56) and a attach the original return receipt,

when service is made by c ertified mail, to prove that the other side has been notified, or

served. These forms, together with a copy of the Writ of Summons, need to be filed with the

Clerk’s Office. 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, if the defendant has not

been served after 120 days, the filing is subject to dismissal without prejudice and the Clerk’s

Office will send notice that an order of dismissal will be entered after 30 days unless a motion

to vacate or defer the order of dismissal is filed. After the 30-day expiration, the Clerk’s Office

reviews and dismisses the case if no motion to defer is filed. A motion docket entry is made

that the case is dismissed without prejudice for lack of jurisdiction or prosecution.

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

prosecution after one year under Md. Rule 2-507. Following service, if an answer has not

been filed or, following answer, no action has been taken on the case for 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 prejudi ce. After the 30-day

expiration, the Clerk’s Office reviews and dismisses the case if no motion to defer is filed. A

motion docket entry is made that the case is dismissed without prejudice for lack of

jurisdiction or prosecution.

Answer

The defendant must file an affirmative Answer, typically within 30 days after he/she has received a

summons, for most Circuit Court civil case subtypes (Md. Rule 2-321.)2 See exceptions indicated in

(a) above. Once all defendants have filed an Answer, the case is considered by the Court to be at issue

and the case shall proceed (Md. Rule 2-323.) If a 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/she is required to file with the Answer a defendant’s information report.

Judgment

The judgment is entered by the clerk following a trial or decision by the Court. The date of the

judgment is the date the clerk enters the judgment on the electronic case management system docket

(Md. Rule 2-601.) Types of judgments include judgment, consent judgment, and confessed judgment.

Post-Judgment

2 Exceptions include defendants who live outside the State of Maryland, resident agents, officers or agencies

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

The parties have 10 days to file a motion for a new trial (Md. Rule 2-533) or file a motion to alter or

amend a judgment (Md. Rule 2-534,) and 30 days to file an appeal.

Enforcement

After the Court issues a judgment and it is recorded by the Clerk’s Office, both parties will receive a

copy of the judgment by mail. The Court will not collect the money owed to the prevailing party. To

begin an enforcement action, the prevailing party must file additional pleadings with the Court, pay

the required filing fees, and appear in court for additional hearings. The prevailing party usually

must wait 10 days before they can take further legal action to enforce the judgment. Once the waiting

period passes, there are three different ways a creditor can collect on a monetary 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 a writ of garnishment of wages and/or property with the Court and

provide copies to the other party in order to garnish or seize money or property. If the other person

does not have a job, a bank account, real estate or othe r significant property, it may be diffi cult to

collect on a monetary judgment.

Civil Tracks

A civil case may follow four (4) potential tracks to resolution. Tracks are defined at filing based on

the case subtype and the information on the parties’ Circuit Court Civil Case Information Report.

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]

for 98% of dispositions, with the exception of foreclosure cases where the time standard is 98% of

dispositions within 24 months. The expected case duration is based on needed time 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

Civil Expedited

1. Confessed Judgments

2. Administrative Agency Appeals

3. Mechanic’s Liens (uncontested)

Answer + 90-105 days = 120-135

days

4. Tax Sales