Carroll Cnty. Cir. Ct. DCM Plan M

All attorneys and self-represented litigants shall receive a copy of the written report;

however, they are prohibited from showing the report to any minor child and non-parties. In

addition, each attorney and self-represented litiga nt agree that they will not make any copies of

the report sent to them, and will return the copy or copies to the Court upon co mpletion of the

trial or submission of an agreement on the issues d iscussed in the report. Copying, sharing

with unauthorized persons, or failure to return the copy to the Court may result in sanctions

being imposed.

II. CIVIL NON-FAMILY LAW DIFFERENTIATED CASE

MANAGEMENT PLAN

A. Civil Non-Family Law Cases Defined

1. Included Cases. The policies and procedures descri bed in this Plan apply to the

following types of contested cases:

Condemnation

Confessed Judgment

Contract

Declaratory Judgment

Fraud and Misrepresentation

Injunction

Mandamus

Mechanic’s Liens

Medical Malpractice

Motor Tort

Orphans’ Court Issue

Other Civil Non-Domestic

Other Tort

Product Liability

Specific Performance

State Insolvency

Workers' Compensation Appeals

2. Excluded Cases. Cases excluded from this Plan are:

a. All uncontested cases. A default judgment shall be scheduled for hearing at

the request of the Plaintiff without a Scheduling Order being entered, but not sooner than 30 days from

the entry of the default judgment. Until the heari ng, the non-defaulting party may conduct any

Consolidated DCM Plans – 03.28.2018 9

discovery permitted by the Rules. If a default judgment is entered after a responsive pleading has been

filed, any non-defaulting party seeking affirmative relief may request that the hearing thereon be

advanced on the Court docket.

b. Petitions for Habeas Corpus, which will be considered by the Court at the

earliest practical time.

c. Foreclosures, which will follow the procedures set forth in the Rules.

d. Temporary Restraining Orders and Preliminary Injunc tions, which will be

considered and/or heard by the Court as provided by the Rules.

e. District Court de novo Appeals, which will be scheduled on the next available

court date without a Scheduling Order.

f. Mechanic’s Lien show cause hearings, which shall be scheduled for hearings

as provided by the Rules.

g. Administrative Agency and District Court Record App eals, which will be

scheduled for hearing without a Scheduling Order ap proximately 60 days from the filing of the

transcript.

h. Any other matter or portion of a matter which a rul e or statute provides for

earlier disposition shall be scheduled consistent with such rule or statute.

B. Waivers of Filing Fees and Other Costs

When waivers for prepayment of filing fees and othe r costs are granted, costs are to be

determined by the Clerk’s Office at the conclusion of the case. Said costs shall then be assessed by

the judge or waived. The Clerk’s Office is to remind the judges of this obligation.

C. Civil Non-Family Case Information Report

Pursuant to Md. Rule 2-111, a Civil Non-Domestic Case Information Report (“CIR”) must be

obtained from the Clerk of the Court and filed with a complaint and a copy must be served on the

defendant(s). Should a party responding to a compl aint disagree with the CIR, a CIR shall be filed

with the response to that complaint. Failure to file a CIR may result in the Court assigning the case to

a track which may be contrary to the intent of a party.

D. Assignment Guidelines

The case will be assigned by the Civil Assignment Office to one of four tracks: Civil Expedited

Track, Civil Standard Track, Civil Extended Track, or Civil Complex Track, consistent with this Plan.

Except for cases assigned to the Civil Complex Track (see paragraph 4), after the case is at issue as to

one original defendant, the Civil Assignment Office will issue a Scheduling Order and Notice of

Assignment consistent with the track assigned. The Scheduling Order and Notice of Assignment will

be served on all parties or their counsel who have entered an appearance as of the date thereof. All

other parties will be served with the same, by regu lar mail, by plaintiff within 15 days of such other

defendants entering an appearance. Plaintiff shall certify to the Court, in writing, compliance with this

Consolidated DCM Plans – 03.28.2018 10

service requirement within such 15 day period. If a party disagrees with the designated track

assignment, the party may file a motion to change t he track within 15 days after service of the

Scheduling Order and Notice of Assignment, stating the reasons why a different track assignment is

needed. If consented to or unopposed, assignment personnel will then change the track assignment. If

opposed by any party within 15 days, the designated judge will decide the appropriate track. At any

time, the Court may change a prior track assignment for good cause.

1. Civil Expedited Track. An action will ordinarily be assigned to the Civil Expedited

Track if it appears that by its nature it can be promptly tried with minimal pretrial discovery and other

pretrial proceedings. The trial or hearing on the merits of the case will be heard approximately 90 days

after the case is first at issue as to one original defendant. No Pretrial (settlement) Conference date will

be scheduled for a case on the Civil Expedited Trac k. The following case types will generally be

assigned to the Civil Expedited Track:

a. Mandamus;

b. Mechanic’s Lien;

c. Guardianship – Adult; and

d. Any other matter the parties agree to place on the Civil Expedited Track.

2. Civil Standard Track. Most civil actions will be assigned to the Civil Standard Track.

All cases within this track will be scheduled for t rial approximately 240 days from when the case is

first at issue as to one original defendant. The S ettlement Conference date shall be scheduled

approximately 60 days prior to trial. The following case types will be generally assigned to the Civil

Standard Track:

a. Condemnation;

b. Confessed Judgment (if vacated);

c. Contract;

d. Declaratory Judgment;

e. Fraud and Misrepresentation;

f. Injunction;

g. Motor Tort (Except as set forth in Section 3, infra );

h. Orphans’ Court Issue;

i. Other Civil Non-Family Cases Not Otherwise Provided for in this Plan;

j. Other Tort (Except as set forth in Section 3, infra );

k. Specific Performance; and

l. Workers’ Compensation Appeals.

Consolidated DCM Plans – 03.28.2018 11

3. Civil Extended Track. All cases within this track will be scheduled for t rial

approximately 345 days from when the case is at iss ue as to one original defendant. The Settlement

Conference date shall be scheduled approximately 60 days prior to trial. The following case types will

generally be assigned to the Civil Extended Track:

a. Medical Malpractice;

b. Product Liability;

c. Serious Motor Tort;

d. Serious Tort; and

e. State Insolvency.

Factors that would be utilized to determine the se riousness of tort cases would include

one or more of the following: (1) medical expenses and lost wages over $100,000; (2) estimated length

of trial of five or more days; (3) the number of expert witnesses; and (4) the availability of out-of-state

witnesses or parties.

4. Civil Complex Track. An action shall ordinarily be assigned to the Civil

Complex Track for individual judicial management if it appears likely that the case will require a

disproportionate amount of trial time and/or court resources by reason of the number of parties

involved, the number of claims and defenses raised, the legal difficulty of the issues presented, the

factual difficulty of the subject matter, or any combination of these factors. The trial date will be

scheduled approximately 450 days from when the case is at issue as to all original parties. A

Scheduling Order will be issued at a Scheduling Conference to be held within 30 days of the case

being at issue with respect to all original parties. Unserved defendants will be subject to Md. Rule

2-507. The Settlement Conference date shall be sche duled approximately 90 days prior to trial.

The following case types will generally be assigned to the Civil Complex Track:

a. Class Action Suit;

b. Major Construction Contract;

c. Major Product Liability; and

d. Other complex cases.

5. Miscellaneous Provisions Applicable to All Tracks.

a. The filing of amended complaints, counter-complaint s, cross-claims, third-party claims, and/or the joinder of additional parties shall not change a Scheduling Order, except upon

motion and for good cause shown.

b. If any date by which action is due under this Plan falls on a weekend or legal

holiday, the date to complete such action shall be extended to the next business day.

c. Every Scheduling Order issued shall include a Notice of Assignment of Trial

and, if applicable, a Settlement Conference date.

E. Discovery Disputes

Consolidated DCM Plans – 03.28.2018 12

Discovery disputes can severely strain the abilities of the parties to bring a case to conclusion

either by settlement or trial. The Court is commit ted to resolving discovery disputes at the earliest

opportunity.

F. Ex Parte Communications Prohibited

There shall be no oral or written ex parte communications with the Court by parties, attorneys,

or Settlement Officers except as provided by the Maryland Rules or by this Plan.

G. Postponement Policy

All requests for postponement shall be made in writing and considered by the Court under the

provisions of the Carroll County Circuit Court Postponement Policy (“Postponement Policy) (Exhibit

1).

H. Pretrial Conference

A Pretrial Conference is a non-binding effort to facilitate a resolution of the case, and will be

conducted by a Settlement Officer who is an attorne y with specialized knowledge of applicable law

who is appointed and compensated by the Court.

1. Generally. A Pretrial Conference will be scheduled for all matters except the Civil

Expedited Track at the time of the initial Notice o f Assignment. All attorneys, parties, and their

insurers are required to attend the Pretrial Conference, provided that, upon written certification from a

defense attorney received at or prior to the Pretrial Conference that his or her client is fully insured for

plaintiff’s losses and that such defendant retains no right to prevent settlement, such defendant need

not appear. Fa ilure to attend may result in sanctions by the Court. All discovery must be completed

in accordance with the Scheduling Order.

2. Procedure. The Settlement Officer will meet with the attorneys and the parties in an

attempt to facilitate a settlement in the case. All attorneys and parties must be prepared to discuss all

aspects of the case in anticipation of a possible settlement.

If an agreement is reached on some or all issues before the Court, that agreement will be

placed on the record. A consent order, signed by a ll attorneys and parties, shall be submitted to the

Court within 15 days of the Pretrial Conference date. If the parties are unrepresented, the Court shall

prepare the Order.

If the parties fail to reach an agreement on any or all of the issues, the following

procedures shall be followed:

a. The Settlement Officer will meet with the attorneys and the parties in an

attempt to facilitate a settlement in the case. AL L ATTORNEYS AND PARTIES MUST BE

PREPARED TO DISCUSS ALL ASPECTS OF THE CASE IN ANTICIPATION OF A POSSIBLE

SETTLEMENT.

(i) An additional Pretrial Conference may be requested by a Settlement

Officer and/or the attorneys/parties for the following reasons:

(a) The conference has lasted the entire day and additi onal time is

required;

Consolidated DCM Plans – 03.28.2018 13

(b) The Settlement Officer believes that the attorneys/parties need time

to consider what has already taken place and would benefit from

coming back another day;

(c) Certain documents are needed to resolve a particula r issue and a

party needs additional time to retrieve those docum ents. THIS

DOES NOT INCLUDE DISCOVERY THAT THE COURT

ORDERED TO BE COMPLETED BY A CERTAIN DATE.

(ii) The Settlement Officer and the attorneys/parties must contact the Pretrial

Conference Coordinator to obtain a date for the add itional Pretrial

Conference. The Motion for Additional Pretrial Con ference is properly

completed by the Coordinator and signed by all parties. It is then forwarded

to the assigned judge for ruling. The Clerk’s Office forwards a copy of the

signed Order to all attorneys/parties.

(iii) No additional Pretrial Conference will be authorize d if it would result in

the postponement of the trial date; or

b. Proceed to trial as scheduled.

I. Settlement of the Case

If settlement occurs between the Pretrial Conference date and the date of trial, attorneys and/or

parties shall notify the Civil Assignment Office, in writing, within 7 days of settlement.

J. Dismissals under Md. Rule 2-507

A request to defer dismissal under Md. Rule 2-507 shall state the specific deferral period sought

and the reasons for such request.

III. CRIMINAL LAW DIFFERENTIATED CASE MANAGEMENT

PLAN

A. Criminal Track 1: Jury Trial Prayers or Appeals from District Court

All criminal and traffic cases that originate in the District Court, and that are removed to this

Court as the result of a request for jury trial or appeal, shall be scheduled for an Initial Appearanc e

(“IA”), if necessary, and a Criminal Scheduling Conference (“Scheduling Conference”) in this Court.

The combined proceeding in this Court shall be known and referred to as a Scheduling Conference.

All jury trial prayers requested in the District Court, will be assigned to Criminal Track 1.

When a jury trial is requested in open court in th e District Court, a summons containing the

Scheduling Conference is given to the defendant and notice of the Scheduling Conference is given to

the State’s Attorney in the District Court. The date is chosen from a list of dates previously provided

to the District Court by the Circuit Court Criminal Assignment Office that is approximately 6 weeks

from the jury trial prayer. In addition to the summons, the Criminal Assignment Office will separately

notify all parties of the Scheduling Conference and set the Trial date in accordance with Rule 4-271.

Consolidated DCM Plans – 03.28.2018 14

In all other requests for a jury trial made in the District Court as well as in criminal appeals,

the District Court file is forwarded to the Circuit Court Clerk’s Office for docketing. The Criminal

Assignment Office will set a Scheduling Conference to be held in this Court approximately 6 weeks

from the demand for jury trial or notice of appeal, and send notice to all attorneys and parties, a

summons to the defendant, and shall set the trial date in accordance with Rule 4-271.

1. Scheduling Conference Date. A Scheduling Conference is required in all Criminal

Track 1 cases. Subject to modification by this Cour t as deemed necessary, Scheduling Conferences

will be held four days per month. Public Defender cases shall be set two days per month and private

counsel/self-represented defendant cases shall be s et two days month. The defendant, his or her

attorney of record, if represented, and the State’s Attorney, shall be present at the Scheduling

Conference. If necessary, writs for the defendant shall be issued sufficiently in advance by the Clerk.

If the defendant is represented by counsel other t han the Public Defender, the attorney

who will try the case and the prosecutor who is assigned the case, or who has authority to resolve the

case, shall be present. Stand-in counsel shall not appear for a party. If trial counsel is not available, the

party should make a timely request for a postponeme nt of the Scheduling Conference in advance, in

accordance with the Carroll County Circuit Court Po stponement Policy (“Postponement Policy”)

(Exhibit 1). The parties and counsel may not waive or substitute attendance at a Scheduling

Conference.

At a Scheduling Conference, a party may enter a gui lty plea if appropriate or

otherwise dispose of the case. Sentencing may be held at that time, or on another date set by the Court.

If a defendant is on probation to a judge of this C ourt, and either has a pending

violation of probation, or anticipates that the ent ry of a plea in the case for which the Scheduling

Conference is scheduled will result in a violation of probation, and if the defendant and the State have

reached a plea agreement, the defendant can request that his or her plea in the case for which the

defendant is attending the Scheduling Conference be set together with his or her violation of probation

at a Scheduling Conference before the judge to whom the defendant is on probation.

The Scheduling Conference is intended to be a meani ngful event and counsel shall

prepare by substantially completing pretrial discov ery and plea discussions, in advance of the

Scheduling Conference. Defense counsel shall meet w ith their clients in advance of the Scheduling

Conference to have substantive discussions about th e state of plea negotiations, or be prepared to

advise the presiding judge why such a meeting was not held.

If the parties do not reach an agreement at the Sch eduling Conference, but require a

Motions Hearing to suppress evidence, the Court shall advise the defendant and counsel in open court

of the dates and times of the Motions Hearing and may reset the trial date.

2. Requests for Postponement of Scheduling Confere nce. Requests for postponement

and/or reset of a Scheduling Conference/Trial Date shall be made in accordance with the Postponement

Policy.

Consolidated DCM Plans – 03.28.2018 15

3. Other Track 1 Provisions.

a. If a Scheduling Conference is scheduled for a self-represented litigant, and the

Public Defender enters an appearance, the date will automatically be reset to the next Public Defender

Scheduling Conference; if the Public Defender panels a case to private counsel, the case will remain

on the Public Defender date previously scheduled.

b. Any self-represented litigant will be summonsed for a hearing on counsel three

weeks from the Scheduling Conference, and every three weeks thereafter, until the defendant has an

attorney or waives his or her right to counsel, but this status does not affect the setting of a Trial Date

per Rule 4-271(a)(1).

c. Upon email request to the Criminal Assignment Offic e, the case of any self-represented defendant or his/her attorney will be reset to the next Public Defender date or to one (1) of

the next two (2) self-represented/private attorney date, as appropriate. Any request for a longer reset

date or for a second reset date must be made by written motion for postponement for good cause shown

to the Administrative Judge.

B. Criminal Track 2 – Circuit Court Informations or Indictments; Status Conferences

All charges filed in the Circuit Court by Informati on or Indictment shall be assigned to

Criminal Track 2.

1. Initial Appearance (“IA”). Criminal Track 2 cases will receive an IA date within

30 days of filing of the charging document in the C ircuit Court. If an appearance of counsel is filed

before the IA, the IA will be vacated. At the IA, or upon counsel’s prior entry of appearance, the

Criminal Assignment Office will set a criminal Status Conference approximately 60 days from the IA

and a trial date in accordance with Md. Rule 4-271(a)(1).

2. Motions Practice. Consistent with Md. Rule 4-252, all mandatory motions shall be

filed within 30 days after the earlier of the appea rance of counsel or the first appearance of the

defendant before the court pursuant to Md. Rule 4-213(c), except when discovery discloses the basis

for a motion, the motion may be filed within five days after the discovery is furnished.

3. Status Conference Date. The Status Conference date will be set approximately 60

days from the earlier of the first appearance of the defendant or counsel, and will be conducted by the

Administrative Judge (“AJ”) or his or her designee. The attorney who will try the case must attend in

person or, by prior arrangement with the AJ, by pho ne. ALL ATTORNEYS MUST BRING THEIR

CALENDARS. Any represented defendant need not appe ar at the Status Conference which will be

conducted off the record in chambers, unless either party elects that it take place in open court on the

record. Any unrepresented defendant must personally appear at the Status Conference, which will be

conducted in open court.

The purposes of the Status Conference date include answering the following questions

and taking the actions indicated:

a. Is the State’s dis covery complete and, if not, why not, and when will it be

complete?

Consolidated DCM Plans – 03.28.2018 16

b. If there is a need for a Rule 4-252 hearing, the defense will identify the specific

issues to be raised, the parties will give an accurate time estimate and a hearing date will be assigned

approximately 30 days from the Status Conference.

c. If, but only if, both parties want to discuss a possible plea, a plea judge will be

assigned. All plea discussions will be completed by the return date given the parties by the plea judge

at their meeting. The plea judge assigned to a case is the sole judge who will engage in any plea

discussions in that case, and his or her involvemen t will be consistent with the holding in Sharpe v.

State, 446 Md. 669 (2016).

d. Absent good cause, the plea judge will not hear motions or conduct the trial.

e. A tentative jury/bench trial election will be made by defendant or co unsel, an

accurate trial time estimate will be given and a trial date will be assigned. Counsel should have witness’

schedules available at the Status Conference to confirm availability for court events to be scheduled.

f. Although reasonable efforts will be made to adhere to the above time frames, the

AJ may permit deviations, depending upon whether th e defendant is incarcerated, whether there are

evidentiary and witness issues beyond the parties’ control, or for other demonstrated good cause.

4. Other Track 2 Provisions.

a. Any request for a postponement of a hearing, trial or conference described

above must be made in accordance with the Postponement Policy.

b. If good cause exists, the AJ may defer or postpone a Status Conference date

until after plea discussions

c. It is the responsibility of the State’s Attorney an d the Public Defender to

assign trial counsel whose calendars permit the scheduling of hearings and

trials as provided herein. Failure to do so will not be a basis to deviate from

the time frames established herein.

EXHIBIT 1

CARROLL COUNTY CIRCUIT COURT

POSTPONEMENT POLICY

A. FIRM TRIAL/HEARING DATES APPLICABLE TO ALL CASES

1. Dates set without agreement of counsel/self-represented litigants are not firm and

may be postponed if good cause exists and a postponement is requested within 30

days of the date of the notice in accordance with this Policy. Absent such request,

the date becomes "firm" at the expi ration of such 30 day period.

2. Dates set by agreement of counsel/self-represented litigants shall be firm upon

agreement.

3. Firm dates will not be postponed for any reason known or which by the exercise

of due diligence should have been known at the time the date became firm, except

that the Court may grant a postponement i n accordance with Md. Rule 16-804.

4. Parties in default need not be contacted for his or her position as to a postponement.

5. Notwithstanding these provisions, any request for postponement that, if granted, would

delay the resolution of the case beyond the Hicks date will be ruled upon by the

Administrative Judge or his/her designee.

B. "GOOD CAUSE" POSTPONEMENT POLICY APPLICABLE TO ALL CASES. The

policy of the Circuit Court for Carroll County is to deny a request for postponement

unless "good cause" is established.

1. The followi ng are examples of "good cause", but only before a date becomes firm:

a. Trial date conflict in which conflicting date was set prior to this court's

date, and which is proven by attaching a hearing notice of the prior

conflict, not a computer printout to the Line or Motion.

b. Conflicting Vacation Schedule: Vacation scheduled before establishing

the hearing, motion, or trial date is "good cause" for a postponement.

c. Party, expert or other witness is not available.

2. The following are not “good cause” after a date becomes firm:

a. No previous request(s) for postponement.

b. Request for postponement of a trial date is agreed upon by the parties.

c. Request for postponement made early in the case.

d. Outstanding motion(s) at date of hearing or trial.

e. Discovery is incomplete at date of hearing or trial.

f. Change of counsel.

g. Any matter known or which should have been known when the trial

date became firm is not "good cause" for postponement.

C. CIVI L POSTPONEMENTS

1. Requests for postponement of non-firm dates by consent.

A request by consent or motion for postponement of a non-firm trial or hearing date shall

be made by motion with a reset date agreed to by all parties and Civil Assignment Office.

2. Requests for postponement of non-firm dates without consent, or of firm dates.

Included in the motion shall be the reason for the postponement, documentation in support

(except a request made for counsel’s medical reasons which need not be documented), the

positions of all parties, and a new date from the Civil Assignment Office on which all

parties are available. Cooperation in selection a new possible date is without prejudice to

the right to object to a postponement.

D. CRIMINAL POSTPONEMENTS

1. Requests for postponement of non-firm dates by consent.

A request by consent or motion for postponement of a non-firm trial or hearing date shall

be made by motion with a reset date agreed to by all parties and Criminal Assignment

Office.

2. Requests for postponement of non-firm dates without consent, or of firm dates.

Included in the motion shall be the reason for the postponement, documentation in support

(except a request made for counsel’s medical reasons which need not be documented), the

positions of all parties, and a new date from the Criminal Assignment Office on which all

parties are available. All motions are to be ruled upon by the administrative judge, except

that motions to postpone violation of probation hearings will be ruled upon by the probation

judge.

E. INCLEMENT WEATHER POLICY. In the event that Court is closed due to weather

or for any other reason, any multi-day jury or non-jury trial that was scheduled to begin on

the day Court was closed will begin on the first day that Court re-opens. Any one-day jury

or non-jury trial that was scheduled to begin on the day Court was closed will be postponed

and reset to the next available date by the Assignment Office.

EXHIBIT 2

__________________________

Plaintiff

vs.

___________________________

Defendant

*

*

*

*

*

*

*

*

*

*

IN THE

CIRCUIT COURT

FOR

CARROLL COUNTY

Case No. ________________

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

*

JOINT REQUEST FOR WAIVER OF SCHEDULING CONFERENCE

AND TRACK ASSIGNMENT

The undersigned jointly request a waiver of the Sch eduling Conference set on

_______________________, and certify to the Court that neither party seeks any of the following

relief or, if any such relief is sought, it is agreed upon and submitted by separate Consent Motion(s)

for Court approval by Order:

1. Order Appointing a Best Interest Attorney

2. Order Appointing a Child Advocate

3. Order Appointing a Child’s Privilege Attorney

4. Order for Full Custody Evaluation

5. Order for Specific Issue Evaluation – Issues: _________________________________

6. Order for Home Study – Home(s) of: _______________________________________

7. Order for Substance Abuse Assessment

8. Order for Psychological Evaluation

9. Order for Monitored Transfer and/or Supervised Visitation

10. Order for Paternity Testing

11. Order for Mediation / Mediation scheduled on ________________________________

12. Order for Parent Coordinator

13. Temporary Order for Suit Fees, subject to final allocation at Trial

14. Any other Investigations or Orders that may be necessary to expedite the case:

_____________________________________________________________________

Further, Counsel certify and agree that:

15. This case should be assigned to the (check one) Expedited or Standard Track;

16. (Check one) A Consent Order is attached hereto resolving all temporary issues, or

A Family Magistrate’s hearing is set for disputed pendente lite issues of

______________________ on ___________________ at ____________ a.m./p.m.

Trial for ____ day(s) is set for ___________________________, at 8:45 a.m.

Pre-trial Conference set for ___________________________, at ______ a.m./p.m.

________________________________ __________________________________

Counsel for Plaintiff Counsel for Defendant

Recommended By:

________________________________

Family Magistrate

For good cause shown, the Scheduling Conference in this case is hereby CANCELLED,

and a Scheduling Order and a Notice of Assignment consistent with the above terms shall be issued

forthwith.

______________________ ___________________________________

DATE JUDGE