Charles Cnty. Cir. Ct. Civil DCM Plan 12

Pretrial Statement

Counsel or the parties shall prepare and file a pretrial statement in accordance with Md.

Rule 2-504.2 no later than five business days prior to the pretrial conference.

Pretrial Conference - Settlement

The judge conducting the pretrial conference shall meet with the parties and their counsel

in an attempt to facilitate a settlement in the case. All parties and their counsel must be

prepared to discuss all aspects of the case in anticipation of settlement. In the event that

the parties and/or their counsel reach an agreement, the court will enter an appropriate

order or place the agreement on the record that day. The court will instruct the parties

and/or their counsel, if necessary, to file an order or line of dismissal and pay any open

costs within a specified time period.

Counsel designated to prepare any such final order must comply within the time frame

established by the judge. Any disagreements between counsel regarding the language of

the order must be resolved in a timely manner between counsel or by prompt notification

to the court. The court may impose sanctions for failure to comply with this provision,

including but not limited to monetary sanctions and/or counsel fees. Parties, counsel, and

all representatives with full authority may receive a notice to appear in court in order to

determine, solely at the discretion of the court, the reasons behind a failure to timely file

the appropriate order.

Settlement of Case after the Pretrial Conference

If settlement occurs between the pretrial conference and the date of trial, counsel and/or

parties shall notify the Clerk’s Office in writing, with a copy to the Assignment Office, within

seven days of settlement.

Trial

Trials, and all court hearings, are date certain events identified by a scheduling order once

a defendant files an answer. The Charles County Circuit Court will only permit a

postponement of the trial date for good cause. At trial, all parties should prepare to present

any witnesses, evidence, or exhibits to prove or defend against a claim.

Foreclosure Case Events – Track 4

Foreclosure cases are quasi-judicial in nature, governed by the Real Property article and

the Maryland Rules. The time standard from filing to disposition is 24 months (730) days.

The court has little control over the pace of foreclosure cases and is not involved until the

substitute trustee files an Order to Docket. From there, the case is sent to chambers only if

there are motions or exceptions filed with the court. Any judge is able to review those

motions or exceptions. However, certain motions are to be handled by the Count

Administrative Judge. Specifically, motions to defer dismissal or a request for a waiver of

mediation fees, are to be handled by the County Administrative Judge. It is during this time

frame that Notices of Suggested Bankruptcy may be filed in the case. If so, the case is

immediately stayed until there is notice to the court that the stay has been lifted. However,

if there is no suggestion of bankruptcy filed, the case continues in normal course.

When a Final Order of Sale and Referral to the Auditor is filed, the case is forwarded to a

judge’s chambers for review of the case file for deficiencies. If deficiencies are found, letters

are immediately sent to the plaintiff with a deadline to remedy the deficiencies. If no

deficiencies are found, the Order for Sale and Referral to the Auditor is executed and the

file returned to the clerk for transfer to a court auditor. Foreclosure files should be

processed through judge’s chambers within three weeks of receipt.

Thereafter, the court auditor requests that the substitute trustee provide a suggested audit

and payment of the auditor’s fee before the audit is prepared. If the suggested audit and/or

payment of the auditor’s fee is not received within 60 days after receipt of the file from the

court, the file shall be returned to the court with a request for a hearing to compel the

plaintiff/trustees to comply with the court auditor’s request. The court shall schedule a

show cause hearing within 45 days of receipt of the request from the court auditor. If the

suggested audit and/or payment of the auditor’s fee is remitted to the court auditor on or

before the hearing date, the show cause will be discharged and the hearing date vacated.

The court auditor should not retain the file longer than 60 days for any reason.

Alternative Dispute Resolution (ADR) - Foreclosure Mediation

In a foreclosure action on owner-occupied residential property, the mortgagor or grantor

may request foreclosure mediation. In foreclosure mediation, the parties and their counsel

meet to discuss their positions, in an attempt to reach agreement on a loss mitigation

program. Pursuant to Md. Rule 14-209.1(c), the mortgagor/grantor requests mediation by

filing a completed request within 25 days after service of the initial filing or, if the Final

Loss Mitigation Affidavit was not included in the initial filing, within 25 days after the

mailing of the Final Loss Mitigation Affidavit. The request must be accompanied by a

$50.00 filing fee (unless the court waives the filing fee), and must be mailed to the secured

party’s counsel. The court transmits the mediation request to the Office of Administrative

Hearings (OAH), which shall conduct the mediation within 60 days. This deadline may be

extended for good cause, or by agreement of the parties. OAH sends notice of the scheduled

mediation to the foreclosure counsel, the secured party, and the mortgagor or grantor. This

notice directs each party to provide certain documents and information to the other party,

and to the mediator.

Only homeowners who are living in the foreclosed property as their primary residence are

eligible to participate in mediation. Mediation is not available to homeowners of foreclosed

rental or commercial properties (i.e. if an individual owns a property; however, does not live

at that property, they are not eligible to participate in foreclosure mediation).

Paying the Foreclosure Mediation Fee

Refer to Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court for fees. The

mediation filing fee is $50.00. (See Foreclosure, Request for Mediation.)

Upon approval by the County Administrative Judge or designated judge, the court may

waive the mediation filing fee. In order for the court to consider waiving the mediation fee,

the mortgagor/grantor must complete and file a Request for Waiver of Filing Fee for

Foreclosure Mediation (CC-80).

If the court does not grant a request for fee waiver or fee reduction in its entirety, the court

will specify in its order the dollar amount that the mortgagor/grantor must pay. Also, the

court will specify the amount of time, not to exceed 10 days, within which the

mortgagor/grantor must make payment to the court. If the mortgagor/grantor does not

make payment within the time allowed, the request for foreclosure mediation is stricken.

Suggested Audit - Show Cause Hearing

After 60 days of the auditor’s receipt of a foreclosure case, the file shall be returned to the

court, either with a suggested audit or a request to schedule a show cause hearing. The

Assignment Office will schedule the show cause hearing. The court may vacate the show

cause hearing if a suggested audit is filed prior to the show cause hearing date. Auditors

shall not retain possession of the files for a length of time greater than 60 days from the

date the case was received, without permission of the County Administrative Judge.

Permission may be obtained by the filing of a Motion for Appropriate Relief.

All Civil Case Tracks

Judgment and Orders

Following a trial, the Clerk’s Office enters the judgment. The judge signs an order of the

court on the same day as the scheduled trial date. Pursuant to Md. Rule 2-601, the date of

judgment is the date the clerk enters the judgment into the electronic case management

system. Types of judgments include: consent judgment; confessed judgment; default

judgment; and summary judgment.

Post-Judgment

Pursuant to Md. Rule 2-533, the parties have 10 days to file a motion for a new trial, or file

a motion to alter or amend a judgment (Md. Rule 2-534), and 30 days to file an appeal. On

appeal, the circuit court will review District Court cases, and the Court of Special Appeals

will review circuit court cases.

Post-Judgement Enforcement

After the court issues a judgment and the Clerk’s Office enters it into the record, both

parties will receive a copy of the judgment by mail. The court will not collect the money

owed to the prevailing party. To begin an enforcement action, the prevailing party will have

to complete and file more forms with the court, pay the required filing fees, and appear in

court for additional hearings. The prevailing party usually must wait 10 days before they

can take further legal action to enforce the judgment. Once the waiting period passes, there

are three differed ways a creditor can collect on the judgment:

1. Garnish the other person’s wages;

2. Garnish the other person’s bank account; or

3. Seize the other person’s personal property or real estate.

The prevailing party must file documents with the court and provide the other party with

copies of all motions or correspondence filed with the court in order to garnish wages or

bank account, or to seize property. If the other person does not have a job, a bank account,

real estate or other significant property, it may be difficult to collect on the judgment.

Civil Assignment and Scheduling Procedures

Specially Assigned Cases

It is the responsibility of the County Administrative Judge to assign all civil matters

requiring special assignment. The court will closely manage litigation and trial for any case

specially assigned. Any party may request the special assignment of a case or a judge may

determine a case is appropriate for special assignment. A request for special assignment

made by a party, or recommended by a judge, shall be forwarded to the County

Administrative Judge.

When appropriate, the County Administrative Judge may specially assign a case to a circuit

court judge. Individual judges are responsible for the effective management of cases

specially assigned to them; however, the scheduling of specially assigned cases must

always be coordinated with the Assignment Office in order to ensure judicial availability.

Specially assigned cases should be managed to the extent possible consistent with the

provisions of this Plan, including adherence to the case time standards.

Special assignment does not guarantee priority status on the court’s dockets. If the case is

specially assigned, the specially assigned judge will make case management decisions and

selection of a mutually agreed upon trial date. Case management of a specially assigned

case shall remain consistent with the case time standards and in accordance with the basic

Plan procedures outlined herein. The Assignment Office must clear the scheduling or re-scheduling of all specially assigned cases in advance to ensure judicial availability.

Temporary Restraining Orders and Other Ex Parte Orders

All motions, petitions or complaints for temporary restraining orders or other ex

parte25orders shall follow the rules for ex parte hearings, including the required affidavit. If

the court grants a temporary restraining order, the party affected by the order may apply

for modification or dissolution of the order on two days’ notice to the party who obtained

the temporary restraining order. If notice is given, the Assignment Office will schedule a

hearing at the earliest possible time. (See Md. Rule 15-501 et seq.) This expedition

handling of these cases is consistent with Md. Rule 16-302(4) which requires the “prompt

disposition of … ex parte matters.”

There shall be no oral or written ex parte communications with the court by parties or

counsel, except as provided by the Maryland Rules or by this Plan.

Motions in Limine

Counsel or the parties shall file Motions in Limine no later than 7 days prior to trial.

Postponements

Policy

It is the policy of the Circuit Court for Charles County, Maryland to provide timely justice

for citizens for all of its case types and dockets. The court discourages requests to postpone

court events.

Postponement motions must be in writing. All requests for a postponement, regardless of

the type of hearing, must be made in the form of a written Motion for Postponement prior

to the hearing sought to be postponed. The motion should include specific reasons for the

postponement, the other party’s position on the postponement (if possible), and a

proposed order. The use of attachments, i.e. previously received court notices, doctor’s notes,

25 Done by, for, or on the application of one party alone.

etc., is encouraged. The court will grant a postponement only for good cause shown, and

will evaluate, on a case-by-case basis, whether sufficient cause justifies a postponement. As

a guide for practitioners, the court does not generally consider the following reasons as

sufficient cause to grant a postponement:

1. Counsel or the parties agree to a postponement;

2. The case has not previously been postponed;

3. Counsel or the parties have not completed discovery. [Please note that Md. Rule

2-508(b) provides, that when an action has been assigned a trial date, the trial

shall not be continued on the ground that discovery has not been completed,

except for good cause shown];

4. New counsel has entered an appearance or a party wants to retain new counsel;

5. Unavailability of a witness who has not been subpoenaed;

6. A party or counsel is unprepared to try the case for reasons including, but not

limited to, the party’s failure to maintain necessary contact with counsel; and

7. Any postponement of trial beyond a second trial date setting.

Generally, the court will consider the following as good cause to grant a postponement:

1. Sudden medical emergency or death of a party, counsel, or material witness who

has been subpoenaed;

2. A party did not receive notice of the trial or hearing date, through no fault of that

party or that party’s counsel;

3. Facts or circumstances arising or becoming apparent too late in the proceedings

to be fully corrected and which, in the view of the court, would likely cause

undue hardship or possibly miscarriage of justice if the trial were required to

proceed as scheduled;

4. Unanticipated unavailability of a material witness who has been subpoenaed;

and

5. Illness or family emergency of counsel.

Should a conflict in assignment dates arise once representation accepts the scheduled

hearing dates, counsel shall make every effort to obtain the presence of a partner or

associate to act in one of the cases before requesting a postponement.

Information about the source of each postponement motion in a case, as well as the reason

for any postponement granted by the court, shall be entered for that case in the electronic

case management system.

Procedures

Postponement procedures for civil cases scheduled in the Circuit Court for Charles County,

Maryland, include the following:

Authority to Grant Postponements

The County Administrative Judge, or designated judge, shall consider requests to

postpone a trial.

Specially Assigned Cases

Except as stated below, this limitation on postponement authority applies to all

cases in the circuit court, including cases specially assigned to a judge. The

procedures for postponing specially assigned cases are as follow:

If a case receives special assignment, the specially assigned judge will make

determinations regarding case management and scheduling, consistent with

the case time standards. However, the County Administrative Judge, or

designated judge, must rule on postponements or scheduling that places a

matter beyond the target date. The County Administrative Judge, or

designated judge, will then confer with the specially assigned judge for a

recommendation as to the postponement. In addition, the Assignment Office

must clear the scheduling or re-scheduling of all specially assigned cases.

Same Day Postponements

Counsel or the parties that request a postponement on the day the case is set for

trial or hearing, shall bring the matter to the court’s attention prior to

commencement of the court session. The original trial judge shall promptly refer the

matter to the County Administrative Judge, or designated judge, for consideration. If

the County Administrative Judge, or designated judge, denies the request for

postponement, the case shall return to the original trial judge and courtroom for

further handling.

Counsel or parties filing any civil motion, must do so with the Clerk’s Office Civil

Department. [Note: The court will NOT automatically grant consent or joint motions.]

Interpreters

1. Request for Interpreter

The Maryland Judiciary provides court interpreters at no cost for hearings and proceedings

conducted in court, as well as certain court-related services and events, for individuals who

are parties or witnesses in civil, family, criminal, and juvenile proceedings.

Counsel or the parties should submit a Request for Spoken Language Interpreter (CC-DC-

041) to the court not less than 30 days before the proceeding for which the interpreter is

requested. Uncommon languages and dialects may require additional time to schedule an

interpreter, based on complexity of request.

Counsel or the parties should submit a Request for Accommodation for Person with

Disability (CC-DC-049) to the court not less than 30 days before the proceeding for which

the accommodation is requested. If requesting a sign language interpreter, counsel or the

parties should identify the specific type of interpreter, i.e. American Sign Language (ASL),

Certified Deaf Interpreter (CDI), or Communication Access Real Time Translation (CART).

2. Cancellation of Interpreter

If it becomes apparent that an interpreter will not be needed on the assigned trial or

hearing date, counsel or the parties shall submit a written notice to the Clerk’s Civil

Department prior to 48 hours of the scheduled proceeding (not including legal holidays).

Forms

The following forms may be required to be attached to a complaint in civil cases, or to

complete a filing and service:

CC-DCM-002 Civil Non-Domestic Case Information Report

CC-DR-55 Affidavit of Service (Private Process)

CC-DR-56 Affidavit of Service (Certified Mail)

CC-DC-089 Request for Waiver of Prepaid Costs

The following form is used to request a change in a scheduled hearing or trial in the circuit

court:

CC-DC-070 Motion for Postponement