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

The Circuit Court for Charles County, Maryland

Civil Differentiated Case Management (DCM) Plan

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Table of Contents

Introduction

This Civil DCM Plan is established in accordance with Md. Rule 16-302(b)(1)(A) that

requires the County Administrative Judge to develop and, upon approval by the Chief Judge

of the Maryland Court of Appeals, implement and monitor a case management plan for the

prompt and efficient scheduling and disposition of action in the circuit court. Differentiated

Case Management (DCM) is a system for managing cases based on their relative complexity

and need for judicial involvement.

Statement of Purpose

From the commencement of litigation to its resolution, whether by trial or settlement, any

elapsed time other than reasonably required for pleadings, discovery, and court events, is

unacceptable and should be eliminated. To enable just and efficient resolution of cases, the

court, not the lawyers or litigants, should control the pace of litigation. A strong judicial

commitment is essential to reducing delay and once achieved, maintaining a current

docket. (Standard 2.50, ABA Standards Relating to Court Delay Reduction1)

It is the purpose of this DCM Plan to provide an effective case management system that will

assure:

1. Equal treatment of all litigants by the court;

2. Timely disposition consistent with the circumstances of the individual case;

3. Enhancement of the quality of the litigation process; and

4. Public confidence in the court as an institution.

Consistent with the Case Time Standards adopted by the Judicial Council, Constitutional

requirements, and applicable Maryland Rules, it is the goal of this Plan to ensure that, with

the exception of foreclosure cases, all civil cases, jury and non-jury, be concluded within 18

months (548 days) of the filing date. Foreclosure cases are to be concluded within two

1 American Bar Association (ABA), Standards Relating to Trial Courts, 1992 Edition, Section 2.50

years (730 days) of the filing date. In order to achieve this goal, the circuit court is

committed to resolving different categories of cases within a regular and predictable time

frame warranted by the needs of those cases. For simpler and many typical cases, the

warranted time frame may be shorter than 18 months.

This Differentiated Case Management (DCM) Plan for civil casetypes does not include

family law or domestic relations casetypes.2 Civil cases with claims greater than $5,000, up

to $30,000, may be filed in the District Court or circuit court. Cases with claims greater than

$30,000 must be filed in circuit court. Formal rules of procedure and of evidence apply in

civil cases. Either side may demand a jury trial in cases with claims greater than $15,000

(Md. Code § 4-402). If a jury trial is requested, the case must be heard in circuit court. A

party to the case may request a jury trial at any stage of the process, up to the trial and

judgment.

Case Management

Pursuant to Maryland Rule 16-302(b)(1)(A), the County Administrative Judge supervises

all aspects of civil case management, and is ultimately responsible for the implementation

of this Civil Differentiated Case Management (DCM) Plan. The County Administrative Judge

authorizes certain judges to hear various civil matters, and make final decisions whether,

and to whom, a case gets assigned.

All judges must comply with this Plan and implement such provisions in their rulings.

Individual judges shall effectively manage cases designated to them through dockets or

specially assigned cases. The scheduling of cases must always be coordinated with the

Assignment Office. All cases should be managed to the extent possible, consistent with the

provisions of this Plan, including adherence to the Maryland Case Time Standards.

2 See Family DCM Plan for all family law (i.e., domestic) casetypes.

Civil Tracks

A civil case may follow four potential tracks to resolution. The court defines all tracks at the

time of filing, based on the case subtype. Tracks define expected case processing events, the

timing of events, assignment, and the expectations for case duration. The case time

standard for circuit court civil (non-foreclosure) requires that 98% of cases be disposed

within 18 months (548 days). The case time standard for foreclosure requires that 98% of

cases be disposed within 24 months (730 days).

The court bases the expected case duration on the time needed to reach resolution, which

may be less than the case time standard. A case reaches disposition upon entry of a

judgment or dismissal. The court commits itself to resolving various categories of civil

cases, referred to as case subtypes, within a regular time frame and warranted by the needs

of those cases.

Table 1.1 – CIVIL TRACK 1

Track Case Subtypes Case Duration

TRACK 1A 1. Administrative Agency Appeals; Filing to Disposition - 6

Civil Expedited 2. Certiorari; months (183 days)

A Case 3. Confessed Judgments;

Information 4. Contempt

Report is NOT 5. District Court De Novo Appeals;

Required 6. District Court Jury Trial Prayers;

7. District Court Record Appeals;

8. Habeas Corpus; and

9. Orphan’s Court Appeals.

Case subtypes described directly above do not require filing a case information report with the

complaint or the answer.

TRACK 1B 1. Contract (non-monetary), i.e. breach of Filing to Disposition - 6

Civil Expedited contract, due on promissory note, and others); months (183 days)

A Case 2. Declaratory Judgment;

Information 3. Foreclosure Right of Redemption;

Report is 4. Forfeiture;

Required 5. Injunction;

6. Mandamus;

7. Mechanic’s Lien;

8. Quiet Title;

9. Other Tort (non-monetary);

10. Sale In Lieu of Partition; and

11. Specific Performance.

Track Case Subtypes Case Duration

Case subtypes described directly above do require filing a case information report with the

complaint and the answer.

TRACK 1 NOTES:

The court ordinarily assigns an action to Tracks 1A & 1B (Civil Expedited) if it appears that, by its

nature, it can be promptly tried with minimal judicial involvement.

The court schedules a trial or hearing on the merits of the case within approximately 4 months

(120 days) after the case is first at issue as to one original defendant. The case subtypes

identified in Track 1 do not require a scheduling conference and/or pretrial conference.

Table 1.2 – CIVIL TRACK 2

Track Case Subtypes Case Duration

TRACK 2A 1. Condemnation; Filing to Disposition - 12 months (365

Civil Standard 2. Other Civil (monetary); and days)

3. Workman’s Compensation Appeals.

It is required that a case information report be filed with the complaint and the answer for Condemnation

and Other Civil case subtypes, and requested for Workman’s Compensation Appeals.

TRACK 2A NOTES:

All cases assigned to Track 2A (Civil Standard) are scheduled for trial approximately 9 months (274 days)

from when the case is first at issue as to one original defendant.

Discovery shall be completed 90 days prior to the scheduled trial date.

TRACK 2B 1. Contract (monetary); Filing to Disposition - 14 months (426

Civil Extended 2. Medical Malpractice; days)

3. Motor Tort; and

4. Other Tort (Personal Injury).

Case subtypes described directly above do require filing a case information report with the complaint and

the answer.

TRACK 2B NOTES:

All cases assigned to Track 2B (Civil Extended) are scheduled for trial approximately 11 months (335 days)

from when the case is first at issue as to one original defendant.

The court conducts a scheduling conference within approximately 60 days from when the case is first at

issue as to one original defendant. Motion and discovery deadlines are established at the scheduling

conference as defined by Md. Rule 2-504.1.

Pursuant to Md. Rule 2-504.2, the parties and their respective counsel must appear, in person, for a pretrial

conference. The filing of a pretrial statement shall occur not later than five days before the pretrial

conference.

Table 1.3 – CIVIL TRACK 3

Track Case Subtypes Case Duration

TRACK 3 Any case subtype where the projected trial Filing to Disposition - 16 months (487

Civil Complex time consists of 4 days or more. days)

Track 3 requires filing a case information report with the complaint and the answer.

TRACK 3 NOTES:

The court ordinarily assigns a case to Track 3 (Civil Complex) for individual judicial management by a

designated or specially assigned judge.

All cases assigned to Track 3 (Civil Complex) are scheduled for trial within approximately 13 months (395

days) from when the case is first at issue as to one original defendant.

The court conducts a scheduling conference within approximately 60 days from when the case is first at

issue as to one original defendant. Motion and discovery deadlines are established at the scheduling

conference as defined by Md. Rule 2-504.1.

Pursuant to Md. Rule 2-504.2, the parties and their respective counsel must appear, in person, for a pretrial

conference. The filing of a pretrial statement shall occur not later than five days before the pretrial

conference.

Table 1.4 – CIVIL TRACK 4

Track Case Subtypes Case Duration

TRACK 4 Foreclosure cases 730 days

Foreclosure

Track Designation

Track designations are automatically set at filing in accordance with the information

provided on the Civil–Non-Domestic Case Information Report (CC-DCM-002). With the

exception of Track 1A Expedited Cases, the plaintiff, or plaintiff’s counsel, is required to file

a completed case information report with the complaint.

The DCM coordinator will assign all civil cases, as described within the DCM Plan, to one of

four tracks. In the event a party or counsel disagrees with the designated track assignment,

the party or counsel may submit a written request that states the reason(s) to change the

track assignment. The parties or counsel shall send all requests to change the track

designation to the attention of the DCM coordinator within 30 days of filing the complaint.

The DCM coordinator will then notify all counsel or self-represented litigants identified as

parties in the case about the request to change the track designation. Counsel or self-represented litigants shall file a written response within 15 days from the issuance of the

notice, indicating whether they concur with the request to change the track assignment. If

counsel/parties cannot reach an agreement on a track assignment, the DCM coordinator

will assign a track based on track assignment guidelines. Either side may appeal the

decision of the DCM coordinator to the County Administrative Judge by requesting a review

in writing.

If a counter or cross claimant’s case is consolidated with the original case, the counter or

cross claimant does not have the right to challenge a track designation.

Miscellaneous Provisions Applicable to all Tracks

The filing of amended complaints, counter-complaints, cross-claims, third-party claims

and/or the joinder of additional parties shall not change a scheduling order, except upon

motion, for good cause shown.

If any date by which an action is due under this Plan falls on a weekend, legal holiday, or

unanticipated closing of the Charles County Circuit Court by Order of the County

Administrative Judge, the date to complete such action will extend to the next business day.

Case Initiation

To file a civil case, a litigant must follow these steps: