Cecil Cnty. Cir. Ct. Civil DCM Plan (introduction)

Circuit Court for Cecil County

Differentiated Case Management Plan

Civil Cases

June 23, 2017

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PART II CIVIL DIFFERENTIATED CASE MANAGEMENT PLAN

1. General Information

1.1 Types of Cases.

This Case management Plan applies to all civil non-domestic matters.

The following cases are subject to the Civil Differentiated Case Management (DCM) Plan, but

because of the nature or statutory requirements of those cases, they are forwarded to the

Assignment Office when at issue for assignment in accordance with the appropriate Maryland

Rule, and will not be assigned to a track.

• Administrative Appeals

o Worker’s Compensation Appeals (only if there’s no request for jury trial)

• Certiorari in Circuit Court

• Confessed Judgment

• District Court Appeals (de novo and record appeals)

• Foreclosures

• Forfeitures

• Habeas Corpus

• Inmate Grievances

• Landlord Tenant

• Liquor Board Appeals

• Mechanics Liens

• Orphans Court Appeals

• Friendly Suit

All other civil case types will be assigned to a track. Business technology and other

complex civil cases are to be referred for custom management.

The goal of this Plan is to comply with the Maryland Circuit Court time standard: 98% of

all civil cases, with the exception of foreclosure cases, are resolved within 18 months of the

filing of the complaint. The case time standard for foreclosure is 98% within 24 months.

1.2 Pleadings

1.2.1 Civil Case Information Report. Pursuant to Maryland §2-111, a Civil Case Information

Report (CCIR) shall be filed with all original pleadings in the case, and a copy shall be served on

the defendant(s). The CCIR shall be filed in all civil matters. Exceptions noted in the “Committee

Note” accompanying Rule §2-111 are as follows:

1. Appeal from District Court (Rules §§7-101 through 7-116);

2. Appeal from Orphans’ Court (Code Courts Article, §12-502);

3. Certiorari in Circuit Court (Rule §7-301);

4. Judicial review of administrative agency decision (Rules §§7-201 through 7-210);

5. Transfer from District Court on jury trial prayer (Rule §2-326);

6. Confessed judgement (Rule §2-611);

7. Contempt for failure to pay child support, when filed by a government agency;

8. Dishonored instrument – on transfer from District Court (Code, Commercial Law

Article, §15-802);

9. Domestic violence relief under Code, Family Law Article §§4-501 through 4-516,

including Rule 3-326(c) transfer;

10. Friendly Suit;

11. Juvenile cause, other than action to terminate parental rights and related adoption or to

expunge criminal record (Rules §§11-101 through 11-122; and

12. The following special proceedings:

a) Absent person – termination of property interest (Code, Courts Article, §§3-101

through 3-110;

b) Burial ground sale (Rule §14-401)

c) Condemnation, when filed by State Roads Commission for unaccelerated

quick-take (Code, Transportation Article, §§8-318 through 8-321);

d) Contempt, civil or criminal, other than for violation of order or judgement

entered under Code, Family Law Article (Rules §§15-201 through 15-208);

e) Fiduciary estate (Rules §§10-501 through 10-712);

f) Foreclosure (Rules §§14-201 through 14-210);

g) Guardianship, other than action to terminate parental rights (Rules §§10-201

through 10-305);

h) Habeas corpus (Rules §§15-301 through 15-312);

i) Judicial release from confinement for mental disorder (Rule §15-601);

j) Judicial sale (Rules §§14-301 through 14-306);

k) Lien Instrument – action to release (Rule §12-103);

l) Lis pendens – proceeding to establish or terminate (Rule §12-102);

m) Maryland Automobile Insurance Fund or uninsured motorist – action against

(Rules §§15-801-15-805);

n) Maryland Uniform Interstate Family Support Act (Code, Family Law Article,

§§10-301 through 10-359);

o) Mechanics’ lien (Rules §§12-301 through 12-308);

p) Name change, other than in connection with adoption or divorce (Rule §15-

901);

q) Paternity, when filed by government agency (Code, Family Law Article §§5-

1001 through 5-1048);

r) Post conviction (Rules §§4-401 through 4-408); and

s) Tax sale (Rules §§ 14-501 through 14-506; Code Tax – Property Article, §§14-

801 through 14-854).

1.2.2 Responsive Pleadings. A CCIR shall be filed with the responsive pleadings in accordance

with Rule §2-323(h). If no CCIR is filed by the opposing attorney or party, the Court may proceed

without the defendant’s information.

Once the first answer is filed by any defendant, the case file is forwarded by the Office of

the Clerk to the Assignment Office for assignment to a track.

In accordance with Maryland Rule §2-507, in any action against any defendant who has

not been served or over whom the Court has not otherwise acquired jurisdiction, a Notification of

Contemplated Dismissal shall be mailed by the Clerk to all parties at the expiration of 120 days

from the issuance of original process directed to that defendant.

2. Scheduling Orders.

2.1 Standard Track. The following events will be set on a scheduling order within the times

indicated from the filing of a responsive pleading by the defendant:

1. Motions to dismiss under Rule §2-322(b) are due by 15 days

2. Plaintiff’s expert reports or Rule §2-402(e) (1) disclosures - 120 days (4 months)

3. Defendant’s expert reports or Rule 2-402(e) (1) disclosures – 150 days (5 months)

4. Joinder of additional parties deadline is 90 days (3 months)

5. Discovery must be completed by 180 days (6 months)

6. All motions (excluding motions in limine) are due by 195 days (6.5 months)

7. ADR deadline date is 220 days (7.5 months)

8. Settlement conference is 270 days (9 months)

2.2 Extended Track. The following events will be set on a scheduling order within the times

indicated from the filing of a responsive pleading by the defendant:

1. Motions to Dismiss under Rule §2-322(b) are due by 30 days (1 month)

2. Plaintiff’s Expert Reports or Rule §2-402(e) (1) Disclosures - 210 days (7 months)

3. Defendant’s Expert Reports or Rule 2-402(e) (1) Disclosures – 240 days (8 months)

4. Joinder of Additional Parties Deadline is 240 days (8 months)

5. Discovery must be completed by 270 days (9 months)

6. All Motions (excluding motions in Limine) are due by 300 days (10 months)

7. ADR Deadline Date is 330 days (11 months)

8. Settlement Conference is 390 days (13 months)

2.3 Settlement Conference Date. Counsel shall comply with Rule §2-504.2 in filing their pre-trial statement at least five days prior to settlement conference.

2.4 Trial Date. The case will be managed in such a manner as to facilitate settlement prior to

or at the time of the settlement conference. A merits hearing will be scheduled only if and when

a meaningful settlement conference fails to resolve all pending issues in the case. The purpose of

this policy is to ensure that those cases scheduled for trial cannot be resolved by alternative dispute

resolution (ADR) methods and that any case scheduled for trial is actually ready to go to trial. This

policy is designed to facilitate settlement as early on in the case as possible to spare the parties

unnecessary expense and delay. By setting a date for the merits hearing later in the case, the Court

can more accurately predict the number of cases to be heard and the trial taking place on the

scheduled day is far more likely. The Court will, in order to implement this policy, strictly enforce

the scheduling order. This excludes business technology and other complex civil cases.

3. Alternative Dispute Resolution.

It is the policy of this Court to encourage the use of alternative dispute resolution in

accordance with Title 17 of the Maryland Rules of Procedure. This Court therefore will issue an

ADR in all civil non-domestic cases assigned to a track.

4. Settlement Conference.