Cecil Cnty. Cir. Ct. Family DCM Plan 3.2

Parties whose case involves contested property issues may be

ordered to participate in the property ADR program, and will be ordered to complete ADR of all

property issues by the time of the settlement conference or pre-trial conference.

3.2.1 Objections to Property ADR

The order referring the case to property ADR shall specify that the parties have 30 days within which

to: 1) object to the referral; 2) offer an alternative proposal; or 3) agree on a person to conduct the

proceeding. If the parties wish to object, they must file a written request stating their objection.

If one or more party files a timely objection to the referral, the Court shall attempt to identify a property

ADR provider mutually agreeable to the parties. If a party objects to participation in the alternative

dispute resolution process, the Court shall vacate the order pursuant to Maryland Rule §17-103.

3.2.2 Property Agreements

When the parties have been able to reach an agreement on some or all issues, counsel will prepare a

written draft of the agreement for signature. In the alternative, the agreement may be incorporated into

a consent order resolving all outstanding issues in the case and presented to the Court at or before the

settlement conference or pre-trial conference.

4. Merits Hearings

In most cases, merits hearings will be scheduled at the time of the Scheduling Conference. Counsel

and parties must be ready to proceed at the time the case is called.

5. Child Support

5.1 General Information. Parties and their attorneys litigating child support shall be prepared to

provide the Court with the necessary financial data for a Maryland Child Support Guidelines

calculation.

5.2 Civil and Criminal Enforcement of Child Support Awards. At regular intervals a docket is

devoted to cases involving the civil and criminal enforcement of child support awards. Civil

enforcement may be initiated by either party or the Child Support Enforcement Administration.

Criminal enforcement shall only be initiated by the State’s Attorney’s Office (SAO), and/or a special

prosecutor working in conjunction with the Child Support Enforcement Administration.

6. Pendente Lite Relief

Requests for pendente lite relief may be made by motion or in original pleadings. All pendente lite

hearings are presumed to take two hours, and will be limited to that amount of time, unless counsel

notifies the Assignment Office or magistrate of need of additional time, at the time of the pendente lite

hearing is requested, and upon ruling by the Court. Only parties will be permitted to testify at these

hearings, unless requested and ruled on by the Court, or on the Court’s own initiative. Normally

pendente lite hearings will be set at the time of the scheduling conference. If a need for pendente lite

hearing arises after the scheduling conference, the party seeking a hearing must do so by motion. Once

the time has passed for a response, the motion will be considered by a judge and scheduled by the

Assignment Office, if the request for hearing is granted. Pendente lite matters are generally heard by

the family magistrate.

Requests for “Expedited Pendente Lite Hearings” will be handled as in Paragraph 7.1.

7. Expedited Relief

7.1 Requests for Expedited Scheduling

Emergency hearings are not explicitly contemplated by the Maryland Rules, and this Court will not

hold “emergency hearings.” The rules do however explicitly contemplate expedited scheduling in

certain kinds of cases. Procedures, including notice and an opportunity to be heard, for conducting

such expedited proceedings, are spelled out in the rules. Four examples, not intended to be exclusive,

are domestic violence, allegations of child abuse or neglect, requests for ex parte action, including

temporary restraining orders, and actions under the Petition for Enforcement under Uniform Child

Custody Jurisdiction and Enforcement Act (UCCJEA, see Family Law, Section 9.5-308). Each of the

four actions has its own statute, its own scheduling track, and its own rules.

7.1.1 Where domestic violence is alleged. If expedited scheduling is required or requested a

domestic violence petition is what should be filed and the domestic violence procedure is the procedure

that will be followed.

7.1.2 Allegations of child abuse and/or neglect. The legislature has created and funded an

organization, the Department of Social Services (DSS), with the resources and the legal mandate to

conduct an immediate investigation of allegations of child abuse or neglect. There is a statute and

accompanying rules providing for shelter care hearings on very short notice followed by notice and

appropriate due process. Upon receiving a complaint alleging child abuse or neglect, the DSS is

mandated to employ its staff, which now includes prosecutors and law enforcement officers, to

immediately conduct an investigation into the safety of the child, and the agency has the authority

immediately to take custody of the child to assure the child’s safety before a hearing the next day a

judge is available. The Court has neither the staff nor the authority to do those things which are

mandated to the DSS. Where child abuse and neglect is alleged, the appropriate channel, if expedited

handling and investigation is required or requested, is to make a complaint to the DSS for investigation.

7.1.3 Ex Parte actions. Maryland statutes and rules provide, in a situation where an immediate and

irreparable harm is likely to result unless the Court intervenes immediately, that the party seeking

assistance can file a pleading requesting ex parte action. This is an extraordinary and seldom used

and/or granted action. It requires, in order for the Court to entertain the request, among other things,

an affidavit under oath under Md. Rule §1-351. The pleading must also be under oath and must set

forth the reason that immediate, substantial, and irreparable harm will result if the Court does not act

immediately.

7.1.4 Family Law Article Section 9.5-308 Petition for Enforcement under Uniform Child Custody

Jurisdiction and Enforcement Act (UCCJEA).

This section provides for enforcement of an existing foreign order under the UCCJEA, and

provides for special pleading requirements and expedited scheduling. In a UCCJEA case, where the

appropriate pleading is filed, the Court will follow the mandate of the statute.

Given these provisions and others of the Maryland rules and statutes this Court will not act

precipitously on one-sided pleadings not filed under oath, not complying with the notice requirements

of the rules and not setting forth the harm which will result if the Court does not act right away. The

Court will not hold “emergency hearings”. What the Court will do, when the request is made for

expedited scheduling other than as set forth above, is set an expedited pendente lite hearing following

notice to the adverse party and an opportunity to respond in writing, or an expedited status/scheduling

conference.

7.2 Standard for Immediate Ex Parte Relief.

Requests for immediate ex parte relief will be denied unless there is a sufficient showing that there is

an imminent risk of substantial and immediate and irreparable harm to a party or minor child, or unless

there is a sufficient showing that there will be an imminent loss of jurisdiction or removal of a child

from the State.

If an application for ex parte relief relies upon facts not contained in the record or presented in live

testimony, the application must be “based on a verified affidavit.” Magness v. Magness, 79 Md. App.

668, appeal dismissed, 317 Md. 641 (1989). In accordance with Magness and other case law, the

affiants must certify their personal knowledge of facts upon which they rely to support their claim for

relief.

Purely speculative evidence of harm will not be considered sufficient for ex parte relief. See Magness,

79 Md. App. 668.

8. Sanctions

The Circuit Court for Cecil County will take appropriate steps to assure compliance with all scheduling

orders and other orders issued by this Court in accordance with this Family DCM Plan. If an attorney

and/or party fail to comply with a scheduling order, or fails to appear for ADR, hearings or other

proceedings as ordered without having first obtained a postponement or other waiver of this Court, a

show cause order may be issued. A show cause hearing may then be held before the presiding judge,

or family magistrate, as to why sanctions should not be imposed on the offending person. Only the

party (and counsel) against whom the show cause order was issued need appear for this hearing.

Monetary or other sanctions may be imposed on any attorney or party who fails to comply with an

order of this Court issued in accordance with the Family DCM Plan.

9. Postponement Policy

This policy reflects Maryland Judicial Cabinet’s (now the Executive Committee of the Judicial

Council) definitions, as follows:

Postponement – a proceeding that was not held and is being rescheduled

Continuance – a proceeding that has begun and is extended for additional day(s)

9.1 The purpose of this policy is to promote timely disposition and the avoidance of unnecessary

delay of cases in the Circuit Court for Cecil County in accordance with the Maryland Annotated Code

and the Maryland Rules of Procedure.

Postponement of any previously set court date greatly increases the challenge to the Court in

managing its cases expeditiously. It has a rippling effect on court staff, assignment of judicial time,

and allocation of resources generally. All dates, once set, are important dates. Trial/hearing dates

which take the case beyond the Maryland case time standards are violations by the Court of the

standards. Postponements will be granted only for substantial, unforeseen and unforeseeable reasons,

the denial of which makes the possibility of a fair trial/hearing remote or non-existent.

In consideration of all postponement requests, the Court shall carefully apply all relevant

sections of the Maryland Annotated Code and the Maryland Rules of Procedure, review possible

effects of a postponement on the parties and witnesses, and evaluate future scheduling issues. The

Court will meet the Maryland Circuit Court Time Standards for processing cases. This will require a

strict and uniformly applied postponement policy.

Attorneys are expected to know their schedules prior to entering their appearance in any case.

9.2 Requirements for Litigants in Making a Request for Postponement

• Requests for postponements shall be made as soon as counsel/party is aware that a

reason for postponement exists.

• Requests, except those involving an emergency, shall be made within 15 days of the

receipt of the Assignment notice.

• Requests made prior to the hearing or trial date shall be filed with the Clerk of the

Court, and include a certificate of service.

• Requests shall include a statement that indicates the position of the opposing party

and/or parties, on the request for postponement.

• Requests for postponements made by counsel as a result of a conflicting court date

shall be accompanied by a copy of the assignment notice of the conflicting case. A

conflicting case scheduled subsequently to the scheduling in Cecil County will not be

a basis for postponement. (See Court of Appeals Administrative Order by then Chief

Judge Murphy)

• Unless impossible due to an emergency, requests shall include an alternate date agreed

upon by the parties and the Assignment Office which is within the applicable Maryland

Circuit Court case time standards. No request for postponement that does not include

the alternate date will be considered. Requests for postponement that include the

alternate date will not, by that fact alone, be successful; the reason(s) for the

postponement must still meet the other criteria set forth herein. Requests to reschedule

a court date to a date sooner than the original date will be granted when possible.

On its own initiative, or if all parties are not in agreement to the postponement and/or dates for

rescheduling the case, the Court may act upon the request without a hearing or issue an order requiring

the parties to attend a scheduling conference.

9.3 Postponement

No postponement requests in civil cases shall be granted except by the County Administrative Judge

unless pursuant to specific written authorization issued by the Administrative Judge.

9.3.1 All postponement requests will be considered in accordance with Rule §2-508 in civil matters,

as justice may require, for good cause shown. The Court will also apply the Administrative Order for

Continuances for Conflicting Case Assignment or Legislative Duties of the Court of Appeals.

9.3.2 Any trial judge or magistrate, including a visiting judge, has the authority to deny a

postponement. Only the Administrative Judge has the authority to grant a postponement in any case,

except pursuant to specific, advance, written authorization issued by the Administrative Judge.

9.3.3 Requests for postponement that would take the trial date beyond the Maryland case time

standards will generally be denied. Postponements will not be granted for failures of discovery,

vacation or training plans made after the trial date was set or not made known to the Court when the

trial date was set, conflicts with other cases set after the trial date was scheduled, and/or last minute

entry of appearance by counsel which creates a conflict with a previously set case in this or another

jurisdiction.

9.3.4 There will be no indefinite postponements of any case. If and when a postponement is granted,

the judge granting the postponement shall sign an order setting the new date. If the need for the

postponement or continuance arises in open court or, because of emergency circumstances, an

approved alternate date could not be provided in the request for postponement or continuance, the

Court shall direct the parties to get a new trial date from the Assignment Office before leaving the

courthouse or, if, because of the emergency one of the attorneys is not present, within 48 hours.

9.4 Continuance

Trial judges and magistrates have the authority to deny a continuance and limited authority to grant

one.

9.4.1 Cases that start but do not finish as scheduled should be continued by the trial judge or

magistrate to the next trial day and from day-to-day thereafter until completed unless impossible

because of the unavailability of the trial judge or magistrate or the specific, substantial reason for the

continuance. The next day’s’ dockets do not create unavailability, with one exception. Where a case

commenced on a Friday before a judge does not finish it will be continued to Tuesday so that all judges

are available for Monday jury prayer dockets. As soon as the trial judge or magistrate knows the case

will carry over, he or she will notify the Assignment Office so that planning for the next day’s’ docket

can commence as soon as possible.

9.4.2 Where a continuance is granted for a specific, substantial reason other than not finishing, it

must be continued to a date certain, unless a body attachment has been issued, and approved by all

counsel and the Assignment Office and expressed in a written order, signed by the judge, which date

will permit the case to conclude within the original case time standard for that case.

9.4.3 The parties have ample pre-trial time to conduct discovery, investigate and prepare their cases,

including selection of expert and lay witnesses. Doing additional discovery and/or investigations is

not a reason for continuance.

9.4.4 Only the Administrative Judge has the authority to grant a continuance for any reason other

than carry over if the case is already outside the applicable time standard or the continuance will cause

the case to conclude beyond the time standard.

9.4.5 The judge granting the continuance will communicate with judges in other cases as necessary

to deal with conflicts. Where a carried over case creates a conflict with a case scheduled for trial in

another court, the Circuit Court judge will communicate with the judge in the other court, to reach an

accommodation which creates the least inconvenience for the parties and witnesses involved in the two

cases.

9.5 Twenty-Five Day Postponement Plan

On motion of any party for a postponement filed within 25 days of the scheduled hearing and/or trial,

such motion shall fully comply with all requirements for requesting a postponement outlined herein.

Upon receipt such motion shall immediately be forwarded to the Assignment Office for verification of

the proposed alternative date(s) submitted by counsel. Once the alternative date(s) has/have been

verified, the Assignment Office will forward the request to the appropriate judge for consideration and

ruling. Opposing counsel is encouraged to file an immediate response to the request for postponement.

The Court may grant or deny such request, with or without a hearing, as justice may require.

If a postponement is granted, all other provisions of the scheduling order shall remain in

effect.