Calvert Cnty. Cir. Ct. Family DCM Plan 2.2

order cases)

(a). Emergency Relief. Requests for emergency relief or ex parte relief shall be verified

and filed in writing giving the opposing party 24 hours’ notice. No motions for emergency relief

shall be granted unless a pleading for permanent relief has been filed at the same time or prior to

the emergency motion.

(b) Initial Review. The request for relief shall be reviewed by the magistrate or a judge,

if the magistrate is unavailable, for an initial determination of the existence of an emergency.

(c) Hearing for Emergency Relief. If the Court determines that an emergency exists, it

shall be the practice to have the parties and counsel appear for a brief hearing on the issue of the

emergency only. Typical emergencies would involve child abuse or neglect with a sufficient

showing that there is an imminent risk of substantial and immediate physical harm or harassment

to a child or party.

(d) Expedited Relief. A party or counsel may file a motion for expedited relief, if the

facts of the case do not rise to the standard for emergency relief. These issues typically involve

unreasonable deprivation of visitation for an extended period of time, financial hardship to one

party, inability to enroll a child in school, and inability to provide medical care. In these cases, the

Court may schedule a conference call, a Status/Scheduling Conference or a hearing depending on

the circumstances, and may result in an order shortening the time to answer.

(e) New Cases – Issuance of Summons. In situations where the case is new and a request

for emergency or expedited relief has been requested, the clerk shall issue a summons for the

underlying request for permanent relief. Once the pleadings have been served, the case shall follow

the normal procedures for a new filing.