Calvert Cnty. Cir. Ct. Criminal DCM Plan 1.1

a. Policy. In order to minimize adverse impacts on witnesses, jurors, judicial resources

and other cases on the Court’s dockets, it is the policy of this Court that cases that remain on the

trial docket or in which a postponement has been denied are ready for trial and will be actually

tried on the trial date. It is the policy of the Calvert County Circuit Court to deny requests for

postponement unless “good cause” is given. It is the intent of this policy to minimize last-minute

dispositions or postponements that needlessly take up judicial resources that could be used for

other matters pending in this Court.

b. Requests. Unless the Court, in its sole discretion, shall determine otherwise, all motions

for postponement filed by the State’s Attorney and by defense counsel shall:

1. Be in writing and titled, Motion for Postponement;

2. Include a proposed Order;

3. Precisely state the “good cause” for seeking a postponement;

4. Clearly state the position of the opposing side as to the motion or demonstrate

attempts to contact the opposing side;

5. Include new date(s) for the court events, as provided by the criminal assignment

office, and agreed to by all parties or provide an explanation of attempts to obtain new

dates; and

6. Be filed with the Clerk’s Office. Verbal, telephone and fax request will only be

considered at the judge’s discretion, and must be followed by an original pleading.

c. Requests by Self-Represented Defendant. Unless the Court, in its sole discretion, shall

determine otherwise, all motions for postponement filed by a self-represented defendant shall:

1. Be in writing and titled, Motion for Postponement;

2. Set forth the “good cause” for seeking a postponement;

3. Include the position of the State’s Attorney as to the motion or provide an

explanation of attempts to contact the State’s Attorney;

4. Include new date(s) for the court events, as provided by the criminal assignment

office, and agreed to by all parties or demonstrate attempts to obtain new dates;

5. Include a certificate of service showing the date of mailing or delivery of a copy of

the motion to the State’s Attorney; and

6. Be filed with the Clerk’s Office. Verbal, telephone and fax request will only be

considered at the judge’s discretion, and must be followed by an original pleading.

d. Consideration. Pursuant to Md. Rule 4-271, all postponement requests must be

considered by the County Administrative Judge or his/her designee. The designated postponement

judge shall be authorized to make good cause findings and to rule on waivers of the Hicks

requirement. Pursuant to the Rule, only one judge may be designated to have postponement

authority at a time. Motions for postponement made on the same day of a scheduled court event

or during a court event should be in writing, when possible, and may be ruled on by the trial judge.

e. Clearing New Dates. Any party requesting a postponement of a trial or any other

hearing shall coordinate a proposed re-set date with the opposing party and the Court consistent

with Case Time Standards. Failure to coordinate a re-set date may result in the postponement not

being considered. Compliance with this procedure does not guarantee that any continuance will be

granted and will not be interpreted by the Court as constituting consent to the postponement.

f. Hicks issues. If the postponement of any event will, in any way, implicate the Hicks

Rule, a Hicks waiver or finding of good cause must be made in open court, by the designated

postponement judge. The Defendant shall be present in open court and written waivers will not be

accepted.