Calvert Cnty. Cir. Ct. Civil DCM Plan 4.4

At the time when a record is filed by

the Workers Compensation Commission, Clerk’s Office personnel shall (i) issue notice to the

parties in compliance with Md. Rule 7-206 (f) and (ii) forward the file to the Assignment Office

to set a Scheduling Conference which is at least 30 days after such filing. The action shall then

proceed in accordance with Section I of this DCMP, as if the action had been originally filed in

this Court.

Appendix

Procedural Matters

Filing a Case. The following steps are required to file a civil case:

(a) File a Complaint, attaching a completed Case Information Report (CC-DCM-002), with

the court (Md. Rule 2-111) for most civil case subtypes. Consult the Clerk’s Office to

determine if the case you are filing requires a Case Information Report

(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).

(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 60days. After the time limit

has expired, the summons is no longer valid, unless renewed by motion of the plaintiff.

The following documents must be delivered to the defendant: original complaint,

summons, and Case Information Report. There are four legal ways to deliver these

documents to the defendant: 1) Certified Mail, 2) Private Process; 3) Constable; 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 an 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 his/her 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, and following service for lack of prosecution, or these

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 [30

days], the Clerk’s Office reviews the case, and it is presented 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 affirmative Answer, typically within 30 days after he/she

has received a summons, for most Circuit Court civil case subtypes (Md. Rule 2-321). These cases

are considered by the court 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/she is required to file with the Answer

a defendant’s information report.

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

prosecution after one year under Md. Rule 2-507, although 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 the 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.

Discovery. Discovery is informal for expedited civil cases. No expert reports should be filed by

either party. If expert reports are filed, the case may be transferred to another track for case

management. Procedural and discovery motions may be filed up to 10 days prior to the Pretrial

Settlement Conference. Dispositive motions may be filed at any time. Civil motions are specially

assigned to two retired judges, on a master calendar. Typically, the assignments and dockets are

set by the Clerk’s Office.

Alternative Dispute Resolution. Forms of alternative dispute resolution (ADR) are informal,

formal, and court-sponsored or initiated. If a case has been filed, all forms of ADR may involve

the Court, if the parties choose to seek a court order or judgment that is enforceable. Forms of

ADR, after the filing of a case, include the following:

(a) Settlement. Two parties may settle a case at any time leading up to the trial date. When

a case has been settled the dispute is resolved, although the agreement between the two

parties is only enforceable if both parties file a consent agreement with a request for

judgment.

(b) Settlement Conference. The Circuit Court does not typically schedule a Settlement

Conference on expedited civil cases, unless requested by the parties. A Settlement

Conference will/may [not] be in front of the judge assigned at trial, but will be set in front

of a specially assigned judge.

(c) Mediation. For all other civil expedited case types, mediation is voluntary by the parties.

Mediation is a confidential process. Anything discussed in mediation cannot be used in

court. There are a few exceptions when it comes to child abuse, imminent threats of harm

to a person, or allegations of duress or fraud. But any discussions, and if all parties choose,

even some agreements reached can be kept confidential. Most mediation is court-ordered

and should take place [by the date that motions are due, 90 days after case initiation]. An

agreement following mediation can result in the dismissal of the case or in a consent

judgment. An agreement is not enforceable following dismissal of a case, and the creditor

party may be required to file an affidavit for judgment, if he/she is unable to enforce an

agreement.