Frederick Cnty. Cir. Ct. Civil DCM Plan 5

Case Management

The policies and procedures outlined in this plan shall be implemented by the Civil Case Management

Judges, the Deputy Court Administrator, and various Assignment Office and Clerk’s Office staff. The

administrative judge supervises all aspects of civil case management and is ultimately responsible for

the implementation of this Civil Case Management Plan, pursuant to Maryland Rule 16-302(b). The

administrative judge makes final decisions about whether and to whom a case should be assigned,

when necessary.

All judges are responsible to comply with and implement in their rulings the provisions of this plan.

Individual judges are responsible for the effective management of cases assigned to them; however,

the scheduling of assigned cases must always be coordinated with the Assignment Office. Assigned

cases should be managed to the extent possible consistent with the provisions of this plan, including

adherence to the case time standards.

CASE PROCESSING EVENTS – ALL CIVIL CASE TYPES

The following steps are the major events for filing a civil case: ANY QUESTIONS ABOUT THIS PROCESS

SHOULD BE DIRECTED TO AN ATTORNEY OR THE HELP CENTER, RATHER THAN THE CLERK’S

OFFICE OR THE COURT.

Filing of a Complaint or Petition

The following steps are required to file a civil case:

Complaints and Petitions

Complaints and Petitions are filed with the Circuit Court Clerk’s Office. Most civil cases are required to

attach a completed Case Information Form (CC-DCM-002), with the complaint, pursuant to Md. Rule 2-

111. Civil case subtypes exempt from filing the Case Information Form include the following:

 Tax Sales

 Confessed Judgments

 Orphan’s Court Appeals

Filing Fees

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

may be waived by the Court, based on the following conditions:

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

 Representation by a civil legal aid lawyer; and/or

 Other determination by the Court.

 If the Court does not grant the request to waive prepaid costs, the plaintiff has 10 days to pay

the filing and other required fees (prepaid costs).

Other party (Defendant) is notified (served)

The Clerk’s Office will issue a summons for the moving party (usually the plaintiff) to officially serve

the opposing party/parties (usually the defendant(s)) with the lawsuit/complaint/petition that has

been filed (Md. Rule 2-112). There is a 60-day time limit to serve the summons on the opposing

party/parties. After the time limit has expired, the summons is no longer valid, unless renewed by

request of the moving party. The following documents must be delivered to the opposing

party/parties: original complaint, summons, and Case Information Form. There are four legal ways,

without court order, to deliver these documents to the defendant(s): 1) Certified Mail, 2) Private

Process; 3) Constable; and 4) Sheriff. The Plaintiff may not personally serve the defendant(s).

Proof of Service

The Court requires that the moving party, petitioner or plaintiff fill out an Affidavit of Service (CC-DR-

55 or CC-DR-56) form to prove that the opposing side has been served. If the Court does not receive

proof of service within the time allotted for the defendant to file an answer, the moving party or

plaintiff may not be able to present their case on the trial date, or the complaint may be dismissed.

Lack of Jurisdiction or Prosecution

The Court may dismiss cases, prior to service, for lack of jurisdiction, pursuant to Md. Rule 2-507(b). If

the defendant(s) has not been served after 120 days from the date of issuance of original process, the

Clerk’s Office issues a notice of intention to dismiss, pursuant the Md. Rule 2-507(d) indicating that the

case will be dismissed for lack of jurisdiction, but providing the opportunity for the moving party

(usually the plaintiff) to move the Court for a deferral thereof pursuant to Md. Rule 2-507(e). A judge

may grant deferral of the dismissal if merited, otherwise the case shall be dismissed without

prejudice. An entry is made in the case that the case was dismissed for lack of jurisdiction.

The Court may also dismiss cases, following service for lack of prosecution, pursuant to Md. Rule 2-

507(c). Upon the expiration of one year from the date of the last docket entry, the Clerk’s Office issues

a notice of intention to dismiss, pursuant the Md. Rule 2-507(d) indicating that the case will be

dismissed, but providing the opportunity for the parties to move the Court for a deferral thereof. A

judge may grant deferral of the dismissal if merited, otherwise the case shall be dismissed without

prejudice. An entry is made in the case that the case was dismissed for lack of prosecution.

Answer

The defendant(s) or opposing party/parties must file an affirmative answer in most cases after they

have received a summons and copy of the complaint for most Circuit Court civil case subtypes

pursuant to Md. Rule 2-321. Once an answer is filed, these cases are then considered by the Court to be

at issue and shall proceed. However, in certain civil case subtypes, defendant(s) may not be required

to file an answer for the case to be considered at issue, pursuant Md. Rule 2-323.

Forms

A listing of and access to the limited number of forms available in civil cases can be located on the

Maryland Judiciary website, http://mdcourts.gov/courtforms/.

CIVIL CASE TRACK DESIGNATIONS

A civil case may follow five potential tracks to resolution. Track Designations are defined at the filing

of a complaint/petition, based on case subtype; however, the track may be changed after an initial

court proceeding if warranted, based on the complexity of the matter. Tracks define expected case

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

The DCM Plan for civil case types does not include family case types. Civil cases with claims greater

than $5,000 up to $30,000, may be filed in the District 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 $25,000 pursuant to Md. Rule 2-

325. If a jury trial is requested, the case must be heard in Circuit Court.

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 the following time standards

are met whenever possible. Expected duration is based on needed time to reach resolution, which may

be less than the time standard.

 Foreclosure Cases – 98% should be concluded within 24 months (730 days) of the filing date.

 All remaining civil case types – 98% should be concluded within 18 months (548 days) of the

filing date.

Table 1.1 – Civil Tracks, Case Types, and Outcomes

Track Case Subtypes Expected Case Duration and Notes

Track 0:

Expedited

1. Tax Sale

2. Confessed Judgment

3. Habeas corpus

4. Mandamus

5. Forfeiture (money or vehicle)