Carroll Cnty. Cir. Ct. DCM Plan I

1. Scheduling Conference Date – New Case

a. Within 10 days of the filing of the first answer to a new divorce, custody, and/or

visitation complaint or petition, the Civil Assignm ent Office will promptly set a Scheduling

Conference date. By or on the Scheduling Conference date, which will be held within 30 days of the

filing of the answer, the parties will either have all pendente lite issues resolved and submit a proposed

consent order or have a firm, agreed upon hearing date with a magistrate to resolve pendente lite issues.

All parties and attorneys must attend the Scheduling Conference.

b. If on the Scheduling Conferen ce date the parties and the magistrate agree, a

magistrate may conduct the final hearing on contest ed issues. In such cases, review will be by

exceptions and the case will proceed to a hearing before the magistrate without a scheduling order. The

magistrate may set the time to be allotted for such trial at the Scheduling Conference date.

c. Matters to be Considered. At least five days prior to the Scheduling Conference

date, counsel shall consult with one another and advise which types of relief each intends to request.

d. A facilitator may be available at the Scheduling Conference to assist the parties

in reaching a pendente lite agreement for custody/visitation. The parties may request the facilitator's

assistance or it can be directed by the magistrate. The parties can also prearrange the facilitation with

the Mediation Coordinator.

e. Upon request of attorneys/se lf-represented litigants and for good cause, the

following relief will be considered by the magistrate at the Scheduling Conference:

(i) Order Appointing a Best Interest Attorney

(ii) Order Appointing a Child Advocate

(iii) Order Appointing a Child’s Privilege Attorney

(iv) Order for Full Custody Evaluation

(v) Order for Limited Custody Evaluation

(vi) Order for Substance Abuse Assessment

(vii) Order for Psychological Evaluation

(viii) Order for Monitored Transfer and/or Supervised Visitation

(ix) Order for Paternity Testing

(x) Order for Mediation

(xi) Order for Parent Coordinator

(xii) Temporary Order for Suit Fees, subject to final allocation at trial

(xiii) Any other investigation or order that may be necessary to expedite the

case

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f. After the Schedu ling Conference, the above relief will only be considered for

good cause shown that did not exist on the Scheduling Conference dat e.

g. After considering the positions of the parties, the magistrate will make a track

assignment (see subsection K1 below) and written recommendations to the Court on the magistrate's

Scheduling Conference Report and Recommendation(s) form. If the parties agree to the magistrate's

recommendations, each party shall sign a proposed c onsent order which will then be forwarded to

the assigned judge for a ruling. If any party disagrees with any recommendation of the magistrate,

the parties will appear immediately before the assigned judge or, in his or her absence, any

available judge for hearing and ruling.

h. If no agreement as to pendente lite relief has been reached, the parties will agree

at the Scheduling Conference to a magistrate’s hearing date on pendente lite relief which shall occur

within 45 days of the Scheduling Conference date.

i. Waiver of the Scheduling Conference. The parties may request a waiver of

a Scheduling Conference date prior thereto only if all of the following requirements are met:

(i) Both parties are represented by counsel.

(ii) There are no issues concerning custody and/or visitation, except that if the

parties have outstanding custody and/or visitation issues, and Family Law

Administration has recommended mediation, then prior to removal of

the case from the Scheduling Conference docket, cou nsel must have

supplied the Mediation Coordinator with the following information so

that mediation and parent education seminar orders can be prepared: 1)

name(s) of mediators mutually agreed to; 2) current addresses, telephone

numbers (home/work/cell), and emails of all parties; 3) list of issues to

be mediated; 4) three (3) mutually agreeable dates and times for

mediation; and 5) written confirmation by counsel that their client

understands and agrees to pay the required fees.

(iii) A written waiver is signed by both counsels prior t o the Scheduling

Conference date in the form substantially similar to the Joint Request

for Waiver of Scheduling Conference and Track Assignment (Exhibit

2) and has been granted by the Court.

(iv) The waiver requests assignment to the Family Law Ex pedited or

Family Law Standard Track.

(v) None of the relief set forth in I.1.e.(1-13) above is requested by either

party or, if any such relief is requested, all of the relief request ed is

agreed upon by the parties and submitted for approval to the Court

by consent motions. Consent motions for a custody evaluation must

set forth specific facts warranting same.

(vi) The parties have resolved all pendente lite issues and have submitted

a consent order or have a firm, agreed upon hearing date with a

Consolidated DCM Plans – 03.28.2018 5

magistrate within 45 days of the scheduling order to resolve pendente

lite issues, or agree in writing to waive or defer such hearing.

(vii) The waiver is reviewed by the magistrate for Plan c ompliance and

approval.

2. Scheduling Conference – Modification Case. The Scheduling Conference date may

be set at the discretion of the magistrate.

3. Pendente Lite Hearing. All requests for pendente lite relief in divorce and/or custody

cases shall be heard before a magistrate in a singl e hearing held within 45 days of the Scheduling

Conference date. Said hearing shall not exceed thre e hours in length with such time divided equally

between the parties; provided that, upon motion for good cause shown, the magistrate or assigned judge

may grant additional time or the assigned judge may elect to hear pendente lite issues instead of the

magistrate, but the pendency of or intent to file such a motion shall not affect the acts required by this

Plan.

4. Immediate Order. In any case in which reasonable child support is not being paid or

reasonable access to a child is being denied, or upon a finding of any other extraordinary circumstance,

the magistrate shall recommend that an order be ent ered immediately, pursuant to Md. Rule 9-

208(h)(2).

5. Discovery Violation. If the failure to provide timely discovery or exper t notice

materially affects the ability of a party to present his or her case, the magistrate may recommend any

appropriate sanction as allowed by the Rules. Should a continuance be necessary, the magistrate will

first take testimony on other issues not affected b y the discovery or notice violation and grant a

continuance only as to the affected issues. The mag istrate shall recommend that the Court assess all

costs resulting from such continuance, including reasonable attorney's fees, against the offending party.

6. Hearings and Trials Before a Magistrate. Any motion to modify an existing order in

divorce and/or custody cases heard before the magistrate, except that modification of custody in

which at least one attorney has entered an appearan ce shall be heard before a judge. Such

magistrate’s hearing shall not exceed one day in le ngth with such time divided equally between

the parties, provided that, upon motion for good cause shown, the magistrate or assigned judge may

grant additional time or the assigned judge may elect to hear such motion to modify inste ad of the

magistrate, but the pendency of or intent to file such a motion shall not affect th e acts required by

this Plan.