Charles Cnty. Cir. Ct. Civil DCM Plan 7

Between the filing of the complaint and service, the court may

dismiss cases for lack of jurisdiction, and following service, the court may dismiss

for lack of prosecution. If the defendant has not been served after 120 days, the

Clerk’s Office sends notices to the parties that they have 30 days to file a motion to

defer the order of dismissal, or the case will be dismissed without prejudice. After

30 days, the Clerk’s Office reviews and dismisses the case. The Clerk’s Office makes a

motion docket entry that the case is dismissed for lack of jurisdiction. A written

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

period sought and the reasons for such request.

Answer

The defendant must file an affirmative answer, typically within 30 days after they receive a

summons, for most circuit court civil case subtypes (Md. Rule 2-321).22 See exceptions in 1

above. These cases are considered by the court to be at issue, and the case shall proceed

(Md. Rule 2-323). In addition, if the defendant seeks to modify any information on the

original case information report, or expects to file a counterclaim, cross-claim, or third-party claim, they are required to file with the answer a defendant’s information report.

Request for Order of Default

If the defendant has been served and has failed to file an answer by the required time, the

plaintiff may file a Request for Order of Default. Upon receipt of either an answer or an

Order of Default, the plaintiff must file a Request for Hearing or Proceeding so that a court

date will be set.

Lack of Prosecution

Following service, the court actively dismisses cases for lack of prosecution after one year

from the last docket entry under Md. Rule 2-507, although the majority of dismissals occur

after the filing of an answer. Following service, if there is no filing of an answer or,

following answer, no other action on the case after one year, the Clerk’s Office sends

notices to the parties that they have 30 days to file a motion to defer the order of dismissal,

or the court will dismiss the case without prejudice. After 30 days, the Clerk’s Office

reviews and dismisses the case. The Clerk’s Office makes a motion docket entry that the

case is dismissed without prejudice for lack of prosecution. A request to defer dismissal

under Md. Rule 2-507 shall state the reasons for such request. If the court grants a motion

to defer the order of dismissal, the judge will specify the deferral period in the order.

22 Exceptions include defendants who live outside the State of Maryland, resident agents, officers or agencies

of the U.S. government, among others. See Md. Rule 2-321.

Civil Case Events and Assignment – Tracks 1 Through 3

Case assignment, including a hearing date, scheduling conference, and/or trial date, for all

circuit court civil (non-foreclosure) cases are set when a case is first at issue as to one

original defendant.

The designated trial judge scheduled to hear a case, may not necessarily preside over its

motions hearings, scheduling conference, or pretrial conference, except in complex cases

assigned to Track 3, that require individual judicial management by a designated or

specially assigned judge.

Discovery

1. Tracks 1A & 1B (Civil Expedited)

Discovery is informal for expedited civil cases. There should not be an expert report filed

by either party. Upon filing of an expert report, and review by a judge, the case may

transfer to another track for case management. Please see Table 1.1 for suggested case

subtypes.

2. Track 2A (Civil Standard)

Discovery shall be completed 90 days prior to the scheduled trial date. The parties or their

counsel must file dispositive motions within 15 days after the date by which all discovery

must be completed, consistent with Md. Rule 2-504. Please see Table 1.2 for suggested case

subtypes.

3. Track 2B (Civil Extended)

Discovery deadlines are established at the scheduling conference. Procedural and

discovery motions may be filed up to 10 days prior to the pretrial conference. The parties

or their counsel must file dispositive motions within 15 days after the date by which all

discovery must be completed, consistent with Md. Rule 2-504. Please see Table 1.2 for

suggested case subtypes.

4. Track 3 (Civil Complex)

Discovery deadlines are established at the scheduling conference. Procedural and

discovery motions may be filed up to 10 days prior to the pretrial conference. The parties

or their counsel must file dispositive motions within 15 days after the date by which all

discovery must be completed, consistent with Md. Rule 2-504.

The court will resolve discovery disputes at the earliest opportunity.

Alternative Dispute Resolution (ADR)

The court supports the earliest possible utilization of alternative dispute resolution (ADR).

In these cases, parties may utilize ADR in order to reach an early resolution, limit issues,

establish damages, or resolve other areas of contention that otherwise impede the progress

of a case such as discovery disputes. Parties may access ADR through a court order or on a

private basis. Parties may request an order for ADR with an ADR practitioner, assigned by

the court, at any time after the case is at issue. Please note that, pursuant to Md. Rule 17-

208(b), the court’s fee schedule shall apply only to ADR practitioners designated by the

court. ADR in health care malpractice actions is mandatory pursuant to Md. Rule 17-203,

unless all parties file with the court an agreement not to engage in ADR and the court finds

that ADR would not be productive.

1. Time for Completing ADR

Unless otherwise established in the scheduling order, the deadline for completing ADR is

60 days prior to the scheduled trial.

2. Location of ADR

Unless otherwise agreed upon by all parties, ADR shall take place at a location in Charles

County.

3. Responsibility of Parties or Counsel

The parties or counsel must contact the facilitator to schedule ADR within 15 days from the

date the judge signed the order. The court mails the order to all parties or counsel, along

with a confidential participant statement. The parties or counsel shall complete the

enclosed confidential participant statement and forward it to the assigned ADR practitioner

identified in the order. Confidential participant statements should never be returned

to the court.

If the parties reach an agreement prior to the scheduling of, or scheduled ADR session, the

parties shall promptly file a line with the court, with a copy to the ADR practitioner.

4. Responsibility of the ADR Practitioner

The ADR practitioner shall report the outcome of ADR to the court by submitting a status

sheet to the ADR coordinator within 48 hours after the settlement conference or mediation

is completed.

Status Hearing on Re-Issued Summons (Applicable for Tracks 1 through 3)

If no affidavit of service is on file with the Clerk’s Office within 30 days of the re-issuance of

a summons, a status hearing will be set. The plaintiff (if self-represented) or their counsel

must appear to explain why the case should not be dismissed, without prejudice.

Scheduling Conferences (Mandatory for Tracks 2B and 3)

Scheduling conferences are held before a judge designated by the County Administrative

Judge to hear these matters. The Assignment Office shall set a scheduling conference for

cases assigned to Track 2B (Civil Extended), and Track 3 (Civil Complex), at intervals

necessary to accommodate the scheduling of conferences pursuant to this Plan. Counsel

and self-represented litigants are the only parties required to attend a scheduling

conference. The court may hold a scheduling conference in chambers, in open court, by

telephone or other electronic means. The court conducts scheduling conferences within

approximately 60 days from when the case is first at issue as to one original defendant, in

accordance with Md. Rule 2-504.1.

The goals of a scheduling conference include:

1. Providing an early opportunity for the parties to settle any of the issues in their

case;

2. Confirming whether counsel and/or self-represented litigants agree on the

established track assignment;

3. Discussing any contested issues;

4. Resolving matters relating to discovery;

5. Determining the benefit of alternative dispute resolution (ADR), or any other

intervention by the court; and

6. Reviewing cases, considered complex, with both parties to define time limits for

discovery, and determine whether additional parties will join the case.

Pretrial Conferences

The court shall schedule a pretrial conference for cases assigned to Track 2B (Civil

Extended), and Track 3 (Civil Complex), at the time of the initial scheduling conference. All

parties and their counsel who will try the case must attend the pretrial conference. Should

settlement terms require approval by a claims supervisor, claims representative or

committee, government or corporate official or other individual or individuals, that person

or those persons, with the full negotiating authority (not limited authority) must appear, in

addition to the party or parties and their counsel. Furthermore, all parties, counsel, and

representatives who attend must be prepared to discuss, in good faith, all issues in order to

attempt to reach a fair and reasonable settlement or resolution of all open issues. Failure to

comply with these provisions, including the failure to attend or to send a person with full

authority to negotiate a reasonable settlement, may result in the enforcement of sanctions

imposed by the court.

The completion of all discovery must be by the date established in the scheduling order, in

advance of the pretrial conference. Additionally, the identification of all experts must be

final in order to make the settlement discussions meaningful. This court will permit the

taking of de bene esse23 depositions subsequent to the pretrial. The exchanging of witness

lists and lists of exhibits must be completed as required by Md. Rule 2-504.2(b). Counsel

and/or parties must be prepared to meaningfully discuss settlement and any other issues

required for the preparation of a Pretrial Conference Order.

The court will consider the following matters at a pretrial conference24:

1. A brief statement by each plaintiff of the facts to be relied on in support of a claim;

2. A brief statement by each defendant of the facts to be relied on as a defense to a

claim;

3. Similar statements as to any counterclaim, cross-claim, or third-party claim;

4. Any amendments required of the pleadings;

5. Simplification or limitation of issues;

6. Stipulations of fact or, if unable to agree, a statement of matters of which any party

requests an admission;

7. The details of the damage claimed or any other relief sought as of the date of the

pretrial conference;