Charles Cnty. Cir. Ct. Family DCM Plan 13

Judges may preside over the aforementioned casetypes, but exclusively hear the following

family casetypes:

1. Adoption;

2. Protection from Domestic Violence;

3. Contested Guardianship of the Person and/or Property of a Minor;

4. Guardianship of the person and/or property of a Disabled Adult;

5. Change of Name; and

6. Contested merits of divorce and division of marital property.

Family Tracks

A family law case may follow one of five tracks to resolution. Tracks define: expected case

processing events; the timing of events; assignment; and the expectations for case duration.

Assigning cases to appropriate tracks by early and meaningful case screening permits the

court to resolve each case fairly and expeditiously. With the exception of Track 1A Family

Miscellaneous Expedited cases, all cases are referred to family law personnel for review

and tracking. The Clerk’s Office transfers all Track 1A cases directly to a judge’s chambers

for case review and management.

Track Assignment Chart

Table 1.1 – Track 1 – Family Expedited

TRACK CASE SUBTYPES CASE DURATION

TRACK 1A 1. Adoptions; 90 days from case filing

Family 2. Protection from Domestic

Miscellaneous Violence;

Expedited 3. Change of Name;

4. Guardianship of the Property of

a Minor; and

5. Guardianship of a Disabled

Adult.

Track 1A Family Miscellaneous Expedited cases are 15-30 minute merits hearings before a

judge only.

TRACK 1B 1. Emergency cases; 120 days from case filing

Family General 2. Defaults;

Expedited 3. Mutual Consent Divorce;

4. Uncontested Divorce,

Annulment, Custody, Visitation,

Child Support; and

5. Uncontested Guardianship of

the Person of the Minor.

6. Special Juvenile Immigrant

Status petitions.

Track 1B Family General Expedited cases are 15-30 minute merits hearings.

Table 1.2 – Track 2 – Family Standard

TRACK CASE SUBTYPES CASE DURATION

TRACK 2 Contested Divorce; and Contested 270 days from case filing

Family Child Support, Custody, and

Standard Visitation.

Track 2 Family Standard cases are 45 minutes to 4-hour merits hearings.

Table 1.3 – Track 3 – Family Complex

TRACK CASE SUBTYPES CASE DURATION

TRACK 3 Contested Divorce with Custody, 365 days from case filing

Family Property, and/or Alimony issues.

Complex

Track 3 Family Complex cases are more than 4-hours to multiple day merits hearings.

Table 1.4 – TRACK 4 – FAMILY LIMITED DIVORCE

TRACK CASE SUBTYPES CASE DURATION

TRACK 4 Limited Divorce Cases 730 days

Family Limited

Divorce

Track 4 Family Limited Divorce cases are 45 minutes to 4-hour merits hearings.

Table 1.5 – TRACK 5 – CHILD SUPPORT ENFORCEMENT CASES

TRACK CASE SUBTYPES CASE DURATION

TRACK 5 All cases involving the Department 270 days from case filing

Child Support of Social Services Child Support

Enforcement Enforcement Agency

Cases

Track 5 Child Support Enforcement Cases are 15-30 minutes merits hearings.

Family Track Outcomes

Track 1 – Family Expedited

Track 1A – Family Miscellaneous Expedited

The following are considered family miscellaneous expedited cases and are heard by a

judge: adoptions; change of name; guardianship of the property of a minor; guardianship

of a disabled adult; and protection from domestic violence. Upon filing, these case types are

forwarded to the chambers judge for immediate review and scheduling. The estimated

merits hearing time for Track 1A Family Miscellaneous Expedited cases is between 30 and

45 minutes. The expected duration for Track 1A Family Miscellaneous Expedited cases,

from filing to disposition, is 90 days.

Track 1B – Family General Expedited

The following are considered family expedited cases and are heard by a family magistrate:

emergency cases5; requests for order of default; mutual consent for divorce; uncontested

divorce, annulment, custody, visitation and child support; uncontested guardianships of the

person of a minor; and special juvenile immigrant status cases.

The estimated merits hearing time for Track 1B Family General Expedited cases are

between 15 and 30 minutes. The case is set for a final merits hearing within 60 days of the

filing of an answer or an order of default, and once all parties agree that the case is

uncontested, or the matter in dispute requires expedited attention. The expected case

duration for Track 1B Family General Expedited cases, from filing to disposition, is 120

days.

Track 2 - Family Standard

The following are considered family standard cases and are heard by a family magistrate:

5 The Family DCM Plan Requests for Emergency Procedures are outlined later in the plan.

contested divorce; contested custody; contested visitation; and contested child support.

The estimated merits hearing time for Track 2 cases is between 45 minutes and four hours.

The case is set for a final merits hearing within 120 days of the filing of an answer. The

expected case duration for Track 2 cases, from filing to disposition, is 270 days.

Track 3 - Family Complex

The following are considered family complex cases, requiring more than four hours and are

heard by a judge: contested divorce; contested custody; contested visitation; and contested

child support.

All family complex cases will be scheduled for a pretrial settlement conference with a judge

or a family magistrate approximately 30 days prior to trial.

The estimated merits hearing time for Track 3 cases is more than four hours. The case is set

for a final merits hearing within 240 days of the filing of an answer. The expected case

duration for Track 3 cases, from filing to disposition, is 365 days.

Track 4 - Limited Divorce

All limited divorce cases are forwarded to family law personnel for review. The estimated

hearing time for Track 4 cases is between 45 minutes and four hours. The case is set for a

final merits hearing within 240 days of the filing of an answer. The expected case duration

for Track 4 cases, from filing to disposition, is 730 days.

Track 5 - Child Support Enforcement (Title IV-D Cases)

The Child Support Enforcement Agency establishes or enforces a paternity and/or child

support order pursuant to Title IV-D of the Social Security Act (88 Stat. 2351 (1975), 42

U.S.C. 651, as amended). Prior to filing a case with the court, a conciliation conference is

held at the Department of Social Services office. If an agreement is reached, a consent order

is submitted to the court. If an agreement is not reached, a hearing before a family

magistrate will be scheduled. If the parties were not married to each other at the time of

conception or birth of the child and paternity has not previously been established by

paternity affidavit or court order, DNA6 testing will be ordered. The father may also

consent to paternity establishment and waive DNA testing.

Track 5 cases include all cases filed on behalf of the Department of Social Services Bureau

of Support Enforcement. Track 5 case types include: child support establishment; paternity

establishment; and Uniform Interstate Family Support Act (UIFSA). The expected case

duration for Track 5 is 270 days.

Track Designation

Family law personnel will assign all family law cases, as described within the DCM Plan, to

one of five tracks at the time of answer in accordance with the information provided on the

Civil – Domestic Case Information Report (CC-DCM-001). In the event a party or counsel

disagrees with the designated track assignment, the party or counsel may submit a written

request, which 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.

6 Deoxyribonucleic acid (DNA) is the molecule carrying genetic instructions of all living organisms.

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

File a Case

To file a family law case, a litigant must follow these steps:

1. File a Complaint. Attach a completed Civil Domestic Case Information Form (CC-DCM-001), in compliance with (Md. Rule 2-111) for most family law case subtypes.

The plaintiff shall file a completed case information report together with the

complaint. The plaintiff must provide a service copy of the complaint, plaintiff’s

completed case information report, and a blank case information report for each

defendant.

Family case subtypes exempt from filing the Domestic Case Information Form include the

following:

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

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

including Rule 3-326(c) transfers;

3. Guardianship, other than action to terminate parental rights (Rules 10-201 through

10-305); and

4. Paternity, when filed by government agency (Code, Family Law Article, §§ 5-1001

through 5-1048).

Failure to file a case information report will result in the court assigning the case to a track,

which may be contrary to the desire of a party or their counsel.

2.Pay the Filing Fee. Refer to the Summary of Charges, Costs, and Fees of the Clerks of

the Circuit Court for fees. The filing fee for most civil complaints is $165.00. (See Civil,

New Case.) Filing fees may be waived by the court, based on the following conditions:

a. Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089);

and/or

b. Representation by a civil legal aid lawyer or attorney assigned via a pro bono

organization such as Maryland Volunteer Lawyer Services; and/or

c. Other determination by the court.

If the court does not grant the request to waive prepaid costs, the plaintiff has ten (10) days

to pay the filing and other required fees (prepaid costs).

3.Notify the Other Party (Defendant). The plaintiff is required to attempt to notify the

defendant that a complaint has been filed against the defendant. The clerk will issue a

summons to officially notify the defendant that a suit has been filed (Md. Rule 2-112).

The plaintiff must have the summons served on the defendant within 60 days. After the

time limit has expired, the summons is no longer valid, unless renewed by motion of the

plaintiff. The following documents must be delivered to the defendant: original

complaint, summons, and Case Information Form. In Charles County, there are three

legal ways to deliver these documents to the defendant: 1) Certified Mail sent by an

adult over the age of 18; 2) Private Process; and 3) Sheriff. A plaintiff cannot serve the

summons on the defendant.

4.Proof of Service. The court requires that the plaintiff file an Affidavit of Service of

Process (CC-DR-55) form to prove that the other side has been notified, or served.

The plaintiff cannot serve the summons and must provide service through a third

party over the age of 18. If the court does not receive proof of service within the time

allotted for the defendant to file an answer, the plaintiff may not be able to present

his/her case on the trial date.

5.Alternative Service. You may use the Motion for Alternate Service only if you

have not been able to find the opposing party in order to serve him/her with the

complaint or petition and the Writ of Summons from the court. This type of service

will slow down your case. If you have any way to locate the other party and serve

them you should try that first. There is no guarantee that the court will grant your

motion for alternate service. If service is not obtained within 120 days after the

case is filed, the case is subject to dismissal for lack of jurisdiction. The plaintiff

should contact an attorney for assistance with methods of alternative service.

6.Reissuance of a Summons. Reissuance of a summons will neither toll the

deadline for a Motion for Alternative Service, nor will it prevent the issuance of a

Notice of Dismissal under Md. Rule 2-507 for failure to obtain jurisdiction over a

party. Further, reissuance of summonses will not generate a new notice and/or

scheduling order, upon service of any co-defendants, based on the date of

reissuance. 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.

7.Lack of Jurisdiction. 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).7 See exceptions

under Filing a Complaint. 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, he/she is required to file a defendant’s information report with

the answer.

1. 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.

2. 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.

7 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.

Family Case Management and Events

Family Case Management

Family law personnel will monitor all cases, on a monthly basis, to ensure appropriate

action is taken. If a summons has been issued, but no affidavit of service has been filed

within the time prescribed in the summons, family law personnel will send notice to the

plaintiff that the matter will be dismissed if no action is taken (reissuance of summons,

affidavit of service is filed) within 15 days. If an affidavit of service has been filed, but no

answer, and the time for responding has expired, family law personnel will notify the

plaintiff that the matter will be dismissed if no action is taken (answer filed or motion for

order of default) within 15 days.

A case is considered at issue when an answer is filed, or when an order of default has been

entered. Once a case is at issue, it is forwarded to family law personnel for review and

referral to mediation and/or other family services described below.

A family magistrate confirms track assignments and estimates the time needed for each

court event scheduled.

Family Services

Family Services includes programs designed to facilitate conflict resolution and improve

outcomes in family cases. Some family services programs are mandatory and will be

ordered by the court throughout the life of the case. Other services and programs are

discretionary by referral of the court during a case, or they may be requested by either or

both parties. The Director of Family Programs is responsible for managing existing family

services, implementing new programs, and identifying community resources beneficial to

families involved in a family case. Some family services offered include:

1. Co-parenting classes;

2. Intensive services parenting workshop (high conflict parenting classes);

3. Supervised visitation, monitored exchange, and parenting coordination;

4. Mediation and intensive services mediation;

5. Family support services;

6. Child access investigations;

7. Psychiatric evaluations;

8. Child access evaluations;

9. Substance abuse screening;

10. Anger management; and

11. Other services as identified by family law personnel.

Alternative Dispute Resolution (ADR)

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

Upon review of the case, if the court determines mediation of child custody and visitation

disputes would benefit the parties or the child, the court will refer the parties to mediation.

In these cases, parties may utilize ADR in order to reach an early resolution, limit issues, 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 a mediator, 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 mediators designated by the court.

1. Time for Completing ADR

Mediation sessions must be completed prior to the next scheduled hearing date.

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

If ordered, parties must schedule mediation services within 10 days of the date of the

order signed by a judge.

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 mediator.

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 mediation is completed.

Settlement/Scheduling Conferences

A settlement conference is scheduled on all contested family law cases before a family

magistrate within 60 days of the filing of the answer. Cases that appear uncontested or

where an order of default is entered will be scheduled for a merits hearing.

At the settlement conference, the family magistrate will facilitate and encourage the parties

to reach a full settlement of their case, or a partial settlement of pre-judgment disputes. The

family magistrate may order evaluations and services for the parties to complete prior to

the next court event. If the matter is not fully resolved at the settlement conference, the

parties are provided dates for: final merits hearing; a pendente lite hearing, if needed; and

discovery deadlines.

The goals of a scheduling conference include the following:

1. Provide an early opportunity for the parties to settle some or all of the issues in

their case with the family magistrate;

2. Establish track assignments;

3. Determine the contested issues in each case;

4. Determine the need for mediation, investigations, counseling or any other support

related services;

5. Screen high conflict family cases so that the parties and children can be identified

for services as early as possible; and

6. Determine if a follow-up conference should be scheduled after services are

completed.

Pendente Lite Hearings

Pendente lite (pre-judgment) merits hearings are scheduled for no more than four hours

and will be heard by the family magistrate.

Discovery

Procedural and discovery motions should be filed up to 30 days prior to the pretrial

settlement conference. Dispositive motions may be filed at any time. Family motions are

assigned to a magistrate or a judge, on a master calendar. Typically, the assignments and

dockets are set by the Assignment Office.

Pre-Trial Conference

All cases set before a circuit court judge for trial on a family law issue (except domestic

violence, adoption, guardianship, and IV-D cases) shall be scheduled for a pretrial

conference before a retired circuit court judge no later than 30 days prior to the trial. At the

conference, the judge will determine which issues remain contested, the number of

witnesses expected on each side, whether discovery issues have been resolved, determine

if investigations have been completed, evaluate the feasibility of additional mediation

sessions, and determine length of time needed for the hearing. These determinations will

become part of the court file, and family law personnel will notify the trial judge or

Assignment Office of what contested issues remain in the case to litigate at trial.

The list of cases needing pretrial conferences will be generated by the Assignment Office 60

days before the trial date. Dates for pretrial conferences will be cleared with all attorneys

on record.

Final Merits Hearing/Trial

A judge or a family magistrate may preside over a merits hearing, depending upon the type

or complexity of the case and the estimated duration of testimony. Cases with an estimated

duration in excess of four hours are referred to a judge for management.

At a merits hearing, both parties present evidence and call witnesses to testify in support of

the action they wish the court to take. For example, to establish a request for a particular

child access plan, the court would need evidence of the child’s age and needs, such as

school and activities schedules or need for special medical care. A hearing to establish or

modify child support will require evidence of the parties’ incomes, cost of medical

insurance for the child, work-related daycare expenses, and any extraordinary expenses for

the child.

After listening to testimony and considering evidence from both sides, the court will make

a decision in the best interests of the child. The order issued after a merits hearing is a final

order on the issues presented during the hearing.

Exceptions to a Magistrate’s Findings and Recommendations

For any family law case heard by a family magistrate, the parties may file exceptions within

10 days after recommendations are placed on the record or served. Exceptions shall be in

writing and shall set forth the asserted error with particularity. Within that period or

within 10 days after service of the first exceptions, whichever is later, any other party may

file exceptions. The party filing the exception must order a transcript or otherwise comply

with Md. Rule 9-208(g).

Exceptions to a magistrate’s findings and recommendations from a hearing are forwarded

to a judge assigned to handle exceptions hearings. Upon compliance with the requirements

of Md. Rule 9-208, the case will be referred to the Assignment Office for scheduling before

a judge.

Ordering Transcripts

An individual interested in requesting a transcript (i.e., the requestor) should complete a

Transcript Order Form, which is available in the Clerk’s Office. The completed transcript

order form should then be filed in the Clerk’s Office.

The court’s transcript coordinator will contact the requestor with a cost estimate for the

completed transcript. If the requestor agrees to purchase the transcript, the

transcriptionist will then contact the requestor to discuss payment and delivery of the

transcript. The transcriptionist accepts cash or money orders only. The turnaround time

for the completed document is two weeks.

Post Judgment Hearings

Motions for modification and petitions for contempt in family law cases are reviewed and

scheduled by the family magistrates.

Requests for Emergency Relief

An emergency/ex parte (single party) hearing may be scheduled in the event it is alleged

that an immediate substantial injury will result to the parties’ child before a regularly

scheduled court event can be held. The following are the procedures for filing and

processing a request for emergency relief for a family law matter:

1. Attempt to notify the opposing party/attorney;

2. File the petition for emergency relief with the Circuit Court Clerk’s Office and

include a statement outlining the details of the attempts to notify the opposing

party, and the results thereof; and

3. Contact family law personnel. A caseworker will complete a records check,

gather other pertinent information and, if appropriate, make a report to Child

Protective Services. Family law personnel will bring the matter to the attention

of an available magistrate, or to the chambers judge.

Examples of situations warranting an emergency review are:

1. A child is in immediate physical danger;

2. A child is subject to an immediate threat of irreparable

psychological/emotional harm;

3. A child has been kidnapped;

4. A party or a minor child of the parties is in danger of catastrophic financial

harm; or

5. Other situations on a case-by-case basis.

As a general practice, the following issues are not considered emergencies (although

determinations are always made on a case-by-case basis):

1. Financial issues (child support, alimony, non-payment of bills);

2. Property issues;

3. Visitation issues, including denials of visitation; or

4. Changes of custody in order to enroll child in school.

If the pleadings reflect that an emergency may exist, the family magistrate/judge may make

a recommendation for emergency relief and clear a date for a hearing. A family magistrate

or judge may conduct an immediate hearing on the ex parte request, if appropriate notice

has been given in accordance with Md. Rule 1-351.

After a family magistrate or judge has reviewed the emergency petition, family law

personnel will determine which judge is available to review the proposed show cause

order or scheduling order. The court file will then be presented by family law personnel to

the judge for a review and signature of the order.

If the family magistrate or judge determines that temporary, emergency relief should be

granted, an order will be issued immediately. If the relief is granted ex parte (with only one

party present), the temporary order shall provide for a hearing upon two days’ notice upon

the written request of the opposing party. Depending on the complexity of the issues, the

degree of urgency, and the expected time needed for the hearing, the matter will be

scheduled before a family magistrate or a judge on the first available docket. The Clerk’s

Office shall then refer the court file to the family magistrates for review and further

scheduling.

If the family magistrate or judge determines that ex parte relief is not warranted, but that a

prompt hearing, within one to two weeks, is required on the request for emergency relief, a

hearing will be scheduled before a family magistrate at the earliest available date. A show

cause order (order to present evidence explaining why the emergency relief should not be

granted) will be prepared for service on the opposing party. The family magistrates will

review the file for further action and scheduling.

If the family magistrate or judge determines that the matter is not urgent, family law

personnel will review the file for further action and scheduling. An order denying the

emergency petition will be sent to all parties.

Temporary Ex Parte and Restraining Orders

Temporary ex parte orders for domestic violence cases or temporary restraining orders for

domestic matters not pertaining to domestic violence are to be presented to the chambers

judge for a ruling. The original request for ex parte relief must be filed with the Clerk’s

Office before the matter is heard by the chambers judge. Ex parte requests may be denied

without any chambers hearing if the request does not sufficiently state a claim that may

warrant ex parte relief or if proper notice is not given to the opposing side. Maryland Rule

15-504 requires that any ex parte request be accompanied by certification of notice, or

alternatively, of specified efforts commensurate with the circumstances to attempt to

provide notice to the opposing side or their counsel.

If the ex parte protective order is approved, domestic violence protective order hearings

are set within seven days before an assigned judge. (See generally, Family Law Ann. Code of

Md., 4-504 through 4-506.) If a temporary restraining order is granted, 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, a hearing before

the assigned judge will be scheduled at the earliest possible time. (See generally, Md. Rule

15-501 through Md. Rule 15-505.)

A petitioner may also file for a temporary ex parte order for domestic violence at the

District Court Commissioner’s Office when the courts are closed (including nights,

weekends, and holidays).

Family Case Assignment and Scheduling

The County Administrative Judge shall designate judges and family magistrates who are

responsible for handling various matters required for the efficient management of this

Plan. The County Administrative Judge shall also designate which family magistrates and

judges shall have the primary responsibility for handling the settlement/scheduling

conferences, requests for emergency and temporary relief, and review all written motions.

The Assignment Office enters all court events into the court’s calendar and manages all

dockets for the circuit court judges. The family magistrates assign time estimates to all

family cases; however, family law personnel prepare dockets and schedule all settlement

and pretrial conferences held before the family magistrates.

Postponements

1. 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,

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.

2. Procedures

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

Maryland, include the following:

a. Authority to Grant Postponements

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

a trial.

b. 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 set forth below:

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 as well as to clear new court dates on

the assigned judge’s calendar. In addition, the Assignment Office must clear the scheduling

or re-scheduling of all specially assigned cases.

c. 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 family law motion, must be filed with the Clerk’s 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 a complaint in family cases, or to

complete a filing and service:

CC-DCM-004 Civil 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 at the circuit

court:

CC-DC-070 Motion for Postponement