Frederick Cnty. Cir. Ct. Civil DCM Plan 10

520 days

5% of caseload; specially assigned and custom

managed

Trial = 4 + days

Track 4:

Foreclosure

1. Foreclosure case 710 days

Track Designations Set at Filing

Track designations are automatically set at filing. When a complaint or petition is filed, the Clerk’s

Office shall designate the appropriate track as outlined in Table 1.1, based on the type of

complaint/petition, as well as the Civil Case Information Report. The case will then proceed according

to the appropriate processing based on the track designation and case subtype as outlined herein.

If there is any confusion or question as to the appropriate track designation, the matter may be sent to

the Deputy Court Administrator or one of the Civil Case Management Judges for review and

recommendation of track designation.

Diagrams 0.1 through 4.1 illustrate the events and timelines required for civil case processing by track

and case subtype, where applicable, in flowchart form and are located immediately following each

Track and/or subtype description.

TRACK 0 – EXPEDITED CASES

Cases designated as Track 0 generally do not get set for a Scheduling Conference, nor is a Scheduling

Order usually issued.

Discovery

Discovery, if any, is informal for expedited civil cases. Typically, expert reports are not filed by either

party in these types of cases.

Alternative Dispute Resolution (ADR)

Cases designated as Track 0 are generally not referred to Mediation or set for Settlement Conference.

Settlement

The parties may settle a case at any time leading up to the trial date. When a case has been

settled, the dispute is resolved, although the agreement between the two parties is only

enforceable if both parties file a consent agreement with a request for judgment. Further, if

the parties wish the Court to close the matter and remove future court proceedings, a

Consent Judgment, Order Remanding to the agency from which appealed, or a Stipulation of

Dismissal, with the required fee must be filed (see Summary of Charges, Costs, and Fees of

the Clerks of the Circuit Court for the Dismissal fee information).

Trial/Oral Argument

Court events are set on a date certain by issuance of an official notice or Show Cause Order. The date

and time of oral argument or trial will be cleared and confirmed with counsel, whenever possible. If

requested or mandated, the trial date or oral argument will generally be scheduled within 90 days of

the date the case is at issue. At trial, parties should be prepared to give testimony and present evidence

or exhibits to prove or defend a claim within the time allotted.

Process Summary by Case Subtype

District Court Appeal – De Novo

When the Clerk’s Office receives a De Novo Appeal from the District Court, a Notice of Appeal is issued

to all parties and the case is designated as a Track 0. The matter is then forwarded to the Assignment

Office for purposes of scheduling a trial within 60 days and Notice of Trial is issued to all parties. These

court trials will usually be scheduled on either a Tuesday or Thursday at 2 p.m., and the date will be

cleared with any counsel entered in the case.

Once the trial is heard by a judge and a verdict rendered, either an Order of Judgment or an Order of

Dismissal, consistent with the ruling, will be issued. The Clerk of the Circuit Court will then send notice

of the judgment or send the entire case file, if dismissed, to the Clerk of the District Court.

Diagram 0.1

District Court Appeal De Novo

When a de novo appeal is filed, the Circuit Court will hear the case as if no earlier trial had occurred in

District Court. These cases should be completed within 60 days.

Clerk’s Office receives the Appeal from District

Court and issues Notice of De Novo Appeal to

all parties; sent to

Assignment Office (AO) w/in 1 week

AO schedules the Trial/Hearing within

60 days on Tuesday or Thursday

at 2 PM

Trial heard and

ruling made

Appeal

Dismissed

Judgment

Entered

Entire file returned

to the

District Court

Notice of Judgment

sent to the

District Court

District Court Appeal – Record

When the Clerk’s Office receives a Record Appeal from the District Court, the Clerk’s Office issues a

Notice of Appeal to all parties. The case is then sent to the Assignment Office.

If the Transcript, Memorandum, and Request for Oral Argument have been filed, the Assignment Office

will schedule the case for a hearing within 60 days and issue notices to the parties. These hearings are

generally set on a Monday, during the Civil Motions Day Docket, and are cleared with the counsel of

record. Oral argument takes place, and the presiding judge either makes a ruling that day or takes the

matter under advisement. An Opinion and Order are issued by the presiding judge within 60 days

upon conclusion of oral argument.

If the Transcript and Memorandum have been filed, but there is no Request for Oral Argument, the

Assignment Office sends the case to a judge for ruling without a hearing. A ruling is usually made

within 30 days.

If no Transcript and Memorandum are filed, the Assignment Office sends the case to a judge for

review. The judge may issue an order dismissing the appeal or may instruct the Assignment Office to

set a Status Conference in approximately 2-3 weeks on a Friday at 2 p.m.

If set for a Status Conference and no one appears, the judge may issue an order dismissing the appeal.

The file will then be returned to the Clerk’s Office to be closed and the file returned to the District

Court.

If the parties appear for the Status Conference, the Court will instruct the parties on proper

procedures. The file will be sent, as appropriate, to the Assignment Office for scheduling.

Diagram 0.2

District Court Appeal ‐ Record

Appeal filed ‐

Clerk’s Office sends

Notice to parties

File sent to Assignment

Office (AO) for Scheduling

If Transcript and Memorandum with

Request for Oral Argument are filed, OA

scheduled in approximately 30 – 60 days

on a Monday during the Motions Day

Docket

Oral Argument held and

ruling made OR

taken under advisement

If NO Memorandum and

Transcript – case sent to

Judge for review

Appeal Dismissed –

Order issued

Judge sends back to

AO for a Status

Conference

If NO Request for Oral Argument

but have Transcript and

Memorandum, case sent to Judge

for ruling within 30 days

Record Appeals may be heard in Court if there is a request for oral argument. If no request for oral argument is filed, the case may be

decided by a judge based upon the transcript, memorandum from Appellant, and response from the Appellee. If the file does not

contain the needed information, the judge may dismiss; send back for scheduling of a status conference; or make a decision without oral

argument. If sent back to Clerk’s Office, the process will start over once the parties have fulfilled the requirements for filing of the case.

Status Conference held

within 2 – 3 weeks on a

Friday at 2 PM

Parties present: Judge instructs

parties as to procedures and file

returns to Clerk’s Office to begin

process again after requirements

completed

Parties fail to

appear:

Appeal Dismissed

Opinion & Order issued

within 60 days of oral

argument

Opinion &

Order issued

Administrative Agency Appeals (other than Workers’ Compensation Commission)

When an Appeal of the decision of an Administrative Agency is filed, the Clerk’s Office sends the case

to the Assignment Office for scheduling of oral argument. The Assignment Office schedules a hearing

within 90 days and issues notices to all parties. The hearing date, which is normally scheduled on a

Monday during the “Motions Day Docket,” is cleared with any counsel of record and the administrative

agency. Once the oral argument is concluded, the presiding judge may make an immediate ruling or

take the matter under advisement. Either way, a written Opinion and Order are issued by the judge

within 60 days of the hearing.

Diagram 0.3

ADMINISTRATIVE AGENCY APPEAL

(Other than Workers’ Compensation Commission)

Filing of complaint

with record

Clerk’s Office sends case to

Assignment Office for scheduling of

Oral Argument and Notices issued

to all parties

Hearing/Oral Argument

held within 90 days

Written Opinion and

Order issued within 60

days of Oral Argument

Mechanic’s Liens

When a Complaint for Mechanic’s Lien is filed, the Clerk’s Office immediately sends the case to a judge for

review and issuance of a Show Cause Order. A hearing date, scheduled by the Assignment Office, is set

forth in the Show Cause Order, as well as a date by which a response is due. This Initial Hearing is set

within 45 days of the date of the show cause order. At that Show Cause Hearing, the judge determines if

an interlocutory lien should issue. Following statutory requirements, a Final Hearing must be set within 6

months of filing.

Other Case Subtypes

Forfeiture (money or vehicle)

When a Petition for Forfeiture is filed, the Clerk’s Office immediately sends the case to a judge for review

and issuance of a Show Cause Order. A hearing date, scheduled by the Assignment Office, is set forth in

the Show Cause Order, as well as a date in which a response is due. As long as the Show Cause Order is

properly served, the case concludes upon issuance of an appropriate order based upon the ruling made

by the judge at the scheduled hearing.

Habeas Corpus

When a Petition for Habeas Corpus is filed, the Clerk’s Office immediately sends it to a judge for review.

The judge will then instruct the Assignment Office when to schedule a hearing if appropriate. Notices are

issued and an appropriate Writ is issued for the petitioner’s appearance.

Confessed Judgment or Foreign Judgment

When these types of petitions are filed, the Clerk’s Office sends the file to a judge for review. After this

review, the judge will take the appropriate action as required by applicable Rule. Any hearings would be

set if needed to timely resolve these matters.

Mandamus

When a Petition for Mandamus is filed, the Clerk’s Office issues a summons to the agency involved, such

as the Motor Vehicle Administration. Once a response is received from the agency summoned, the case is

sent to a judge for appropriate action. The case is concluded when an order is issued, usually without the

need for a hearing.

TRACK 1 – POSSIBLE EXPEDITED CASES

Process Summary

The case subtypes designated as Track 1, upon filing, are types of complaints or petitions that may or may

not have a need for discovery and may or may not be appropriate for ADR referral. Therefore, these case

subtypes will all be set in for a Scheduling Conference before a judge no more than 30 days of the case

being at issue. At the Scheduling Conference, it will be determined if these cases are either best

designated as a Track 0 or Track 2.

Scheduling Conference (Mandatory for Track 1)

Scheduling Conferences are scheduled by the Assignment Office and notices are sent to all parties. All

counsel and parties, if unrepresented, must personally attend the Scheduling Conference unless excused

by the Court prior thereto. These conferences may be held remotely at the discretion of the Court. The

goals of a Scheduling Conference include the following:

(a) Determine the contested issues in each case;

(b) Determine the need for discovery, as well as mediation, arbitration, or any other intervention by

the Court;

(c) Establish appropriate track assignments;

(d) Schedule any future court proceedings needed.

At the Scheduling Conference, all issues will be determined by the presiding judge. The time needed for

discovery and trial, as well as the need for mediation will be also be determined and the appropriate

Track will be assigned (either Track 0 or Track 2). Agreed dates are obtained from counsel and parties for

the scheduling of any necessary court proceedings. Therefore, counsel and/or parties are expected to

bring their calendars.

If designated as a Track 0, trial or oral argument will be scheduled, and the matter will be sent to the

Assignment Office for the track designation to appropriately be changed and Notice of the trial/oral

argument to be issued to all parties.

If designated as a Track 2, a Pre-Trial Conference and trial date will be scheduled, and a referral to

mediation may be made. The matter will then be sent to the Assignment Office and ADR Coordinator for

the track designation to appropriately be changed and a Scheduling Order that includes filing deadlines to

be issued to all parties. If the case is referred for mediation, a Mediation Order will be issued appointing a

mediator from the court-approved roster. (See Track 2 Summary and Timeline below for more

information on Scheduling Orders filing deadlines, hearing dates and Mediation/ADR.)

TRACK 2 – STANDARD CASES

Process Summary

Most of these cases will be designated as Track 2 upon filing of the complaint as shown above in Table

1.1 – Civil Tracks, Case Types, and Outcomes. However, those complaints originally designated as Track

1 may later be changed to a Track 2 after determination by the presiding judge at a Scheduling

Conference.

Scheduling Order

Those cases designated as a Track 2 upon filing of the complaint will generally not get set for a Scheduling

Conference. Instead, once the case is at issue (filing of the first answer/response), the Clerk’s Office will

send the case to the Assignment Office. The Assignment Office will clear time needed for trial, as well as

the dates for both trial and pre-trial hearings with all counsel. A Scheduling Order will then be issued with

filing deadlines based upon the hearing dates set, to include but not be limited to: expert witness

identification, computer generated evidence, discovery, dispositive motions, and pre-trial statement (see

Filing Deadlines below).

Those cases designated as Track 1 upon filing of the complaint, which upon further review at a

mandatory Scheduling Conference are designated as Track 2, will have trial and pre-trial dates set by the

presiding judge during the Scheduling Conference. Then upon sending the file to the Assignment Office

and case manager, the Track will be changed and a Scheduling Order will be issued with filing deadlines

based upon the hearing dates set, to include but not be limited to: expert witness identification, computer

generated evidence, discovery, dispositive motions, and pre-trial statement (see Filing Deadlines below).

Alternative Dispute Resolution (ADR)

Mediation

Mediation is available to all parties and, where appropriate, will be court-ordered, requiring parties to

attend mediation with a Court-Appointed Mediator/ADR Practitioner, from an approved list, designated

by the County Administrative Judge and maintained by the Deputy Court Administrator. ADR/Mediation

affords the parties the opportunity to reach an agreement and resolve many, if not all, issues. These

ADR/Mediation sessions are held outside of the courthouse, usually in the ADR practitioner’s office or

another location of mutual agreement, including a virtual environment. All ADR/Mediation sessions are

confidential. However, an agreement following mediation can result in the dismissal of the case or in a

consent judgment. The cost of court-ordered ADR/Mediation is set by the County Administrative Judge in

accordance with Md. Rule 17-208 and is defined in any Mediation Order issued by the Court. Information

on mediation and the fees associated therewith can be found on the website of the Circuit Court for

Frederick County at: https://www.frederickcountymd.gov/7449/ADRMediation-Programs in the Civil

Case Mediation section. Pursuant to Md. Rule 17-202(f), the parties may file: (A) an objection to the

referral, (B) an alternative proposal, or (C) a “Request to Substitute ADR Practitioner within 30 days of

the original Mediation Order being issued.

Settlement. The parties may settle a case at any time leading up to the trial date. When a

case has been settled, the dispute is resolved, although the agreement between the two

parties may only be enforceable if both parties file a consent agreement with a request for

judgment. Further, if the parties wish the Court to close the matter and remove future

court proceedings, a Consent Judgment, Order Remanding to the agency from which

appealed, or a Stipulation of Dismissal, with the required fee must be filed (see Summary

of Charges, Costs, and Fees of the Clerks of the Circuit Court for the dismissal fee

information).

Filing Deadlines

If any additional parties need to be joined, these filings may occur up to 160 days prior to trial. The

plaintiff’s experts may be identified up to 160 days prior to trial, and the defendant’s experts may be

identified up to 130 days prior to trial. Notice regarding Computer Generated Evidence and Discovery

may be filed up to 90 days prior to trial. Dispositive motions may be filed up to 75 days prior to trial and

any amendments as of right may be filed up to 60 days prior to trial. Pre-trial statements (more clearly

defined in the Scheduling Order) must be filed no later than 7 days prior to the Pre-Trial Conference.

Pre‐Trial Conference

At the Pre-Trial Conference, the presiding judge shall verify: that mediation (if court-ordered) has occurred,

that pre-trial statements are filed, whether there are any stipulations, and whether there are still contested

issues. Pre-trial statements shall comply with Md. Rule 2-504.2(b) and include, among other requirements

in the Rule, all Motions in Limine, proposed voir dire, a proposed verdict sheet, and an accurate estimate of

trial time needed as outlined in the Scheduling Order. The anticipated length of the trial, the number of

witnesses, and the number of expert witnesses will also be confirmed. The presiding judge will inquire as

to whether there any open motions, and, if so, how much time is needed for a hearing.

The counsel-of-record, who will try the case, must appear at the Pre-Trial Conference unless excused by

the County Administrative Judge or designee upon court order.

Trial

Trials, and all court events, are set on a date certain by Scheduling Order. As a rule, postponements of trial

will not be granted (see the Postponements section below). At trial, all parties should be prepared to

present any witnesses, evidence, or exhibits to prove or defend against a claim. Track 2 cases set for trial

will not have a specially assigned trial judge. The trial will be scheduled on an unassigned docket and the

trial judge assignment may not occur until as late as the day prior to the date trial is to begin.

Diagram 2.1

Track 2 – Standard Cases

Complaint Filed and

Summons Issued

120 days of no activity

Per MD Rule 2‐507

Notice issued

30 days to defer

dismissal

Case Dismissed

and closed if no

deferral filed

Defendant served

and Affidavit of

Service filed

Answer Filed

File sent to Assignment

Office – PTC Set and Trial

set w/in 8 – 9 months

File to ADR/Case Manager for

Scheduling Order & Mediation

Order if appropriate

Mediation

Successful

Dismissal or

Consent Judgment

Dates removed and

case closed

Mediation

Unsuccessful

PTC Held

Trial Held – Verdict

Defendant served but

NO Answer Filed

Plaintiff files for default

Default Hearing held

after 30 days

Default entered as

to Defendant

Default Judgment

entered if not vacated

Answer Filed Status set

within 30 days

File sent to Assignment

Office – PTC set and Trial

set w/in 8‐9 months

File sent to ADR/Case

Manager for Scheduling

Order & Mediation Order if

appropriate

Mediation Unsuccessful Mediation Successful

PTC Held

Trial Held ‐ Verdict

Mediation to be held no later

than 60 days prior to Trial Date

Mediation to be held

no later than 60 days

prior to Trial date

Typical Civil Scheduling Order Timelines (after answer filed)

160 days before Trial – Additional parties to be joined (4 months)

160 days before Trial – Plaintiffs Expert Witnesses Identified (4 months)

130 days before Trial – Defendants Expert Witnesses Identified (5 months)

90 days before Trial – Discovery to be completed (6 months

90 days before Trial – Notice Required by MD Rule 2-504.3(b) regarding

computer Generated Evidence (6 months)

75 days before Trial – All Dispositive Motions due (6.5 months)

60 days before Trial – amendments as of Right due (7 months)

7 days before pre-Trial – Pre-Trial Statement, etc.

8 months – Pre-Trial Conference

9 months – Trial Date

30 days to vacate

default

Final Judgment/Order

Dismissal or Consent

Judgment Filed

Dates removed and

case closed

Final Judgment/Order

TRACK 3 – COMPLEX CASES

Process Summary

Most complex civil cases, will be designated as Track 3 by the Clerk’s Office upon filing of the

complaint based upon case type as shown above in Table 1.1 – Civil Tracks, Case Types, and

Outcomes. However, those complaints originally designated as Track 2, may later be changed to a

Track 3, if deemed appropriate after review by the Assignment Office or a judge.

Assignment

Once the case is at-issue, the Assignment Office will contact counsel to schedule Trial and Pre-Trial

Conference dates. Once dates are set, a judge will be assigned to preside over all matters, with the

exception of postponements. The judge assignment will be made by the County Administrative

Judge upon a designation of Track 3, following the scheduling of court proceedings by the

Assignment Office. The specially assigned judge will be responsible for tracking and managing the

case through all subsequent events, up to, and including the trial.

Scheduling Conference (discretionary)

A Scheduling Conference may be scheduled by the judge specially assigned to the matter. However

this is discretionary. Once dates are scheduled and a judge assignment is made by the County

Administrative Judge, a Scheduling Order will be issued and mediation may be ordered (Please see

the

Scheduling Order and Alternative Dispute Resolution (ADR) sections below for more information).

At this time, the case will be returned to the assigned judge for review. The judge may decide that

the case can proceed as scheduled without a Scheduling Conference. However, if it is determined

that a Scheduling Conference would be beneficial, one will be set by the judge specially assigned to

the matter, in coordination with the Assignment Office. However, for those cases that are initially

designated as a Track 2, a Scheduling Conference may be scheduled by the Assignment Office prior

to any Track designation change or special assignment. Notice will be sent by the Assignment Office

to all parties of any Scheduling Conference set. The goals of a Scheduling Conference include the

following:

(a) Determine the contested issues in each case;

(b) Review deadlines for discovery, motions, etc. and determine if multiple parties will join the

case;

(c) Review the need for court-ordered mediation or any other intervention by the Court;

(d) Review track assignments, if necessary;

(e) Schedule any future court proceedings needed.

At the Scheduling Conference, all issues will be reviewed. The time needed for discovery and trial,

as well as the need for mediation will also be reviewed.

Upon conclusion of the Scheduling Conference, the matter will then be sent to the Assignment Office

and Deputy Court Administrator for any updates needed to future court proceedings, the

Scheduling Order, or referrals for mediation with a mediator from the court-approved roster.

Remote Scheduling Conference

Remote Scheduling Conferences may be available on Track 3 cases, solely at the discretion of the

judge specially assigned to the case. Attorneys who wish to appear remotely for a Scheduling

Conference, must contact the specially assigned judge and arrange same. If permitted, someone

from the assigned judge’s chambers will initiate the remote Scheduling Conference at the set date

and time. These conferences will be coordinated with the Assignment Office, and posted on the

docket and will be recorded as a court proceeding.

Scheduling Order

A Scheduling Order will be issued with filing deadlines based upon the hearing dates set by the

Assignment Office to include, but not be limited to: expert witness identification, computer

generated evidence, discovery, dispositive motions, and pre-trial statements (see Filing Deadlines

below).

Alternative Dispute Resolution (ADR)

Mediation

Mediation is available to all parties and, where appropriate, will be court-ordered, requiring parties

to attend mediation with a Court-Appointed Mediator/ADR Practitioner, from an approved list,

designated by the County Administrative Judge and maintained by the Deputy Court Administrator.

ADR/Mediation affords the parties the opportunity to reach an agreement and resolve many, if not

all, issues. These ADR/Mediation sessions are held outside of the courthouse, usually in the ADR

Practitioner’s office or another location of mutual agreement, including a virtual environment. All

ADR/Mediation sessions are confidential. However, an agreement following mediation can result in

the dismissal of the case or in a consent judgment. The cost of court-ordered ADR/Mediation is set

by the County Administrative Judge in accordance with Md. Rule 17-208 and is defined in any

Mediation Order issued by the Court. Information on mediation and the fees associated therewith

can be found on the website of the Circuit Court for Frederick County at:

https://www.frederickcountymd.gov/7449/ADRMediation-Programs in the Civil Case Mediation

section. Pursuant to Md. Rule 17-202(f), the parties may file: (A) an objection to the referral, (B) an

alternative proposal, or (C) a “Request to Substitute ADR Practitioner within 30 days of the original

Mediation Order being issued.

If counsel and/or parties wish to seek mediation privately, please notify the Assignment Office

when you are contacted to schedule future court dates and file a line regarding same, so the

specially assigned judge is made aware.

Settlement Hearing

The Circuit Court does not typically schedule a Settlement Hearing in most civil cases. However, in

Track 3 cases, a Settlement Hearing may be scheduled before a senior judge or sitting judge, other

than the specially assigned judge if requested by all parties or their counsel and upon discretion of

the Court.

Settlement

The parties may settle a case at any time leading up to the trial date. When a case has

been settled, the dispute is resolved, although the agreement between the two parties is

only enforceable if both parties file a consent agreement with a request for judgment.

Further, if the parties wish the Court to close the matter and remove future court

proceedings, a Consent Judgment, Order Remanding to the agency from which appealed,

or a Stipulation of Dismissal, with the required fee must be filed (see Summary of

Charges, Costs, and Fees of the Clerks of the Circuit Court for the Dismissal fee

information).

Filing Deadlines

If any additional parties need to be joined, these filings may occur up to 200 days prior to trial. The

plaintiff’s experts may be identified up to 200 days prior to trial, and the defendant’s experts may

be identified up to 170 days prior to trial. The Notice regarding Computer Generated Evidence and

Discovery may be filed up to 110 days prior to trial. Dispositive motions may be filed no later than

90 days prior to trial and any amendments as of right may be filed no later than 60 days prior to

trial. Pre-trial statements (more clearly defined in the Scheduling Order) must be filed no later than

7 days prior to the Pre-Trial Conference.

Pre‐Trial Conference

At the Pre-Trial Conference, the judge shall verify: that mediation (if court-ordered) has occurred;

that pre-trial statements are filed; whether there are any stipulations; and whether there are still

contested issues. Pre-trial statements shall comply with Md. Rule 2-504.2(b) and include all

Motions in Limine, proposed voir dire, a proposed verdict sheet, and an accurate estimate of trial

time needed, as outlined in the Scheduling Order. The anticipated length of the trial, the number of

witnesses, and the number of expert witnesses will also be confirmed. The presiding judge will

inquire as to whether there any open motions, and, if so, how much time is needed for a hearing.

The counsel-of-record, who will try the case, must appear at the Pre-Trial Conference unless

excused by the administrative judge or his/her designee upon Court Order.

Trial

Trials, and all court events, are set on a date certain by Scheduling Order. As a rule, postponements

of trial will not be granted (see the Postponements section below). At trial, all parties should be

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

Diagram 3.1

Track 3 – Complex Cases

Complaint filed and

Summons issued

120 days of no

activity – Per MD

Rule 2‐507 Notice

issued

30 days to

defer dismissal

Case Dismissed

and closed if no

deferral filed

Track 3

Designation

Answer Filed

Trial/PTC set by AO – Judge assignment made – Scheduling

Order issued and Mediation Order (if appropriate)

Case sent to specially assigned judge

for review – Scheduling Conference

may be set

Mediation Successful

Dismissal or Consent

Judgment Filed

Dates removed and

case closed

Mediation Unsuccessful

PTC Held

Trial held – Verdict

Defendant served –

NO Answer Filed

Plaintiff files for default

Default Hearing held

after 30 days

Default entered as

to Defendant

Default Judgment

entered if not vacated

Answer

Status set

within 30 days

File sent to Assignment

Office – PTC set and Trial

set within 8 – 9 months

File sent to ADR/Case

Manager for Scheduling

Order & Mediation Order

if appropriate

Mediation Unsuccessful

Mediation Successful

PTC Held

Trial Held – Verdict

Mediation to be held no later than

60 days prior to Trial Date

Mediation to be held

no later than 60 days

prior to Trial date

Typical Civil Scheduling Order Timelines (after answer filed)

200 days before Trial – Additional parties to be joined (7 months)

200 days before Trial – Plaintiffs Expert Witnesses Identified (7 months)

170 days before Trial – Defendants Expert Witnesses Identified (8.5 months)

110 days before Trial – Discovery to be completed (9 Months)

110 days before Trial – Notice Required by MD Rule 2-504.3(b) regarding

computer Generated Evidence (9 months)

90 days before Trial – All Dispositive Motions due (10 months)

60 days before Trial – amendments as of Right due (11 months)

7 days before pre-Trial – Pre-Trial Statement, etc.

12 months – Pre-Trial Conference

13 months – Trial Date

30 days to

vacate Default

Final

Judgment/Order

Dismissal or

Consent

Judgment Filed

Dates

removed and

case closed

Final

Judgment/Order

TRACK 4 – FORECLOSURE CASES

Process Summary

When a Complaint for Foreclosure is filed, the Clerk’s Office will accept the Petition/Order to

Docket and the case management system will automatically designate the case as a Track 4

“Foreclosure Case”. A Status Conference will be scheduled on a Friday at 2 p.m., approximately 9

months after filing and notice will be sent to all parties.

The trustee(s) will send the defendant(s) a Final Loss Mitigation packet with instructions and the

defendant(s), upon receipt, will then have 15 days to request mediation. If mediation is requested,

the Office of Administrative Hearings will set the mediation date and send notice to the parties. The

outcome of any mediation requested should be filed with the Clerk’s Office.

If mediation is unsuccessful or not requested, a date for sale of the property is set, and notice is sent

to the newspaper for publication. The property is then sold after appropriate publication of the

notice and a Notice of Report of Sale is filed with the Clerk’s Office. Thirty days after the Notice of

Report of Sale is filed, the matter is referred to a judge for purposes of ratifying the sale.

Once the Order Ratifying the Sale is issued by the judge, the Clerk’s Office will refer the matter to a

Court Auditor for review and another Status Conference will be scheduled within three months,

with notice sent to all parties. This second Status Conference is to ensure the trustee(s) has sent a

Suggested Audit directly to the auditor as required. Once the Suggested Audit is received by the

auditor, the matter will be under active review by the auditor. At this point, the Status Conference

may be postponed an additional two months for the Audit Review to be completed, but only by

Order of Court if requested by a formal motion to postpone from counsel.

The Final Audit/Auditor’s Report is filed with the Clerk’s Office and the file is sent to a judge for

Final Ratification of the Auditor’s Report after 13 days have passed, if no exceptions to the Auditor’s

Report has been filed. The case is then closed.

If exceptions to the Auditor’s Report have been filed within 13 days, a Hearing on Exceptions will be

held within 30 days. If the exceptions are denied, a Final Ratification of the Auditor’s Report is

issued and the case is closed. If the exceptions are granted, the file is referred back to the auditor for

an Amended Audit/Report and the process starts again, once an Amended Audit/Report is filed by

the auditor.

If at any point prior to the Ratification of Sale, a Suggestion of Bankruptcy is filed, the bankruptcy

will stay the foreclosure process. However, the initial Status Conference will only be postponed by

the Assignment Office upon Order of Court if requested by a formal motion to postpone from

counsel, stating that the bankruptcy is still active. Once the bankruptcy has been discharged, the

trustees can proceed with foreclosure.

Diagram 4.1

Track 4 – Foreclosure Cases

Complaint for Foreclosure

Status Conference set ‐ 9 months from date

of filing – to check on status of case – ensure

Sale of Property

Home is sold. Report of Sale

is filed. Clerk’s Office issues

Notice of Report of Sale

After 30 days the file is sent

to Judge for Ratification

Case Referred to Auditor upon ratification of sale

and Status Conference scheduled 3 months later

Auditor receives suggested audit

and starts review of the case

Court receives Auditor’s report

Sent to Judge after 13 days

if NO exceptions filed

Judge ratifies auditor’s report

Status Conference cancelled

Case Closed

Mediation

Mediation

unsuccessful

Mediation

successful

Dismissal filed

Case closed

Defendant files

Bankruptcy –

stays case

Chapter 13

Bankruptcy filed –

case stayed –

status only reset

if motion filed

Chapter 7

Bankruptcy filed –

discharged within

6 months

Defendant files Exceptions

within 13 days

Exceptions Hearing

held w/in 30 days

Judge denies Exceptions –

auditor’s report ratified

Case Closed

The Court will manage foreclosures by scheduling status conferences after 9 months have passed to allow the parties to complete any

actions needed.

Once the Sale is Ratified and the matter is referred to the auditor, another Status Conference is set within three months and may be

postponed an additional two months, upon filing of a motion to postpone and a finding that the case is actively being reviewed by the

auditor. The Status Conference will not be reset if the Court does not receive information that the Suggested Audit has been received from

the trustee(s) and the case is under active review by the auditor.

If Exceptions are granted, the case is referred back to the Auditor to prepare an Amended Auditor’s report. Once the Court receives the

Amended Report, the Court, again, waits for 13 days and then sends to a judge for Final Ratification.

Bankruptcy

discharged and

case Dismissed

or Home is sold

Judge grants

Exceptions

File sent to Auditor for

Amended Auditor’s

Report

Status Conference may be postponed

2 months by motion – if case is being

actively reviewed by the Auditor

ALL TRACKS – CIVIL CASES

Judgment

The judgment is entered by the Clerk’s Office following a trial. The date of the judgment is the date

the clerk enters the judgment on the electronic case management system docket (Md. Rule 2-601).

Types of judgments included: judgment, consent judgment, and confessed judgment.

Post‐Judgment

The parties have 10 days to file a motion to alter or amend a judgment (Md. Rule 2-534), 10 days to

file a motion for new trial (Md. Rule 2-533) and 30 days to file an appeal or motion to revise the

judgment. On appeal, a Circuit Court case will be reviewed by the Appellate Court of Maryland.

Enforcement

After the Court issues a judgment and it is entered into the record by the Clerk’s Office, both parties

will receive a copy of the judgment. The Court will not collect money owed to the prevailing party.

The prevailing party usually must wait 10 days before taking further legal action to enforce the

judgment. Once the waiting period passes, there are three different ways a creditor can collect on

the judgment:

1. Garnishing the other person’s wages;

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

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

To begin an enforcement action, the prevailing party must complete and file more forms with the

Court, pay the required filing fees, serve the other party with copies of all motions or pleadings filed

with the Court, and possibly appear in open court for additional hearings in order to garnish or

seize money or property.

Civil Assignment and Scheduling

The policies and procedure outlined in this plan shall be implemented by all judges, the Deputy

Court Administrator and various Assignment Office and Clerk’s Office staff. The County

Administrative Judge supervises all aspects of civil case management and is ultimately responsible

for the implementation of this Civil Case Management Plan. The County Administrative Judge may

designate certain judges to hear various civil matters and makes final decisions about whether and

to whom a case should be specially assigned, when necessary.

Special Assignment

The special assignment of all civil matters is the responsibility of the County Administrative Judge.

At the request of any party or if a judge determines it is appropriate that a case be specially [not

randomly] assigned for the purposes of litigation management and trial, such request or

recommendation shall be forwarded to the County Administrative Judge. This will typically only

apply to Track 3, complex cases.

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 docket. If the case is specially

assigned, subsequent case management decisions and the selection of a trial date will be made by

the specially assigned judge consistent with the case time standards and in accordance with the

basic plan procedures outlined herein. The scheduling or re-scheduling of all specially assigned

cases must be cleared, in advance, with the Assignment Office to ensure judicial availability.

Postponements

PLEASE SEE THE ADMINISTRATIVE ORDERS THAT OUTLINE THE POSTPONEMENT POLICY FOR

THE CIRCUIT COURT FOR FREDERICK COUNTY AT:

https://www.mdcourts.gov/sites/default/files/import/clerks/frederick/pdfs/postponementofallo

thercases20220826.pdf

AND

https://www.mdcourts.gov/sites/default/files/import/clerks/frederick/pdfs/actingadminjudge20

220826.pdf

Requests for the postponement of any civil proceedings or filing deadlines shall be made by motion

pursuant to Md. Rules 2-311 and 2-508. These requests will be considered by the County

Administrative Judge or designee, in accordance with the Court’s Administrative Orders on

Postponement Policy (the links for which can be found above).

A strict postponement policy will be followed since parties and counsel will have had the

opportunity to provide input on scheduling at the time of the Scheduling Conference or via

telephone/e-mail with the Assignment Office. Cases will not be postponed merely by the consent of

the parties or because discovery has not been completed. Any request for postponement must be

timely made. Last minute requests for postponement, absent good cause, shall be denied.

Postponement requests in Track 3 or specially assigned cases, will also be considered by the County

Administrative Judge or designee. However, consultation will be made with the specially assigned

judge before a final decision is made.

Interpreters and Disability Accommodations

If any party or witness requires an interpreter or accommodation due to disability for a court

proceeding or a court-ordered service, a Request for Spoken Language Interpreter (form CC-DC-

041) or Request for Accommodation for Person with Disability (form CC-DC-049), whichever

applies, should be filled out and filed in the Clerk’s Office 30 days prior to a scheduled court

proceeding or scheduled court-ordered service. Once a party files a Request Form, the Court should

provide an appropriate interpreter or accommodation for any future court proceeding or court-ordered service. However, a separate form must be filed for each individual court proceeding

needed on behalf of a witness. Information, instructions and the forms can be found on the

Maryland Judiciary website: http://www.Courts.state.md.us/Courts/Courtlanguageservices.html.

The party requesting an interpreter or accommodation shall remain responsible for confirming that

an interpreter or accommodation has been ordered and shall notify the Court immediately if the

need for an interpreter or accommodation changes, whether for a party or witness. If a request for

interpreter or accommodation is not cancelled at least 24 hours in advance of a court proceeding,

the Court will be billed for the services. If the Court is billed for an interpreter or accommodation

needlessly as a result of counsel’s failure to advise the Court that the interpreter or accommodation

will not be needed, or because counsel, a party, or a witness does not appear in open court in a

timely fashion, the Court may assess the interpreter and/or accommodation costs against the party

or counsel causing the unnecessary expense.