Frederick Cnty. Dist. Ct. CM - Special Proceedings Cases Case Management Plan 7

The individuals listed above can review the court record, but it is our policy that if a copy of the

petition is requested, a motion must be filed and ruled on by a judge.

File a Case

The following steps are required to file a case:

(a) File a petition, using the Petition for Emergency Evaluation (DC-PO-001).

(b) There is no filing fee or service fee.

Hearing

After review of the petition, the court shall endorse the petition if the court finds probable cause to

believe that the emergency evaluee has shown the symptoms of a mental disorder and that the

individual presents a danger to the life or safety of the individual or of others (General Health

Article § 10-623(b)).

Judge’s Ruling

If the court finds probable cause, a peace officer shall take the emergency evaluee to the nearest

emergency facility within five (5) days after the petition has been endorsed by the court (Health

General Article § 10-624).

The petitioner may be required to accompany the peace officer to the emergency facility with the

evaluee, to provide any additional information the facility may need.

Immediately after delivering the emergency evaluee to an emergency facility, the peace office shall

make a return of service to the District Court.

If the court does not find probable cause, the court shall indicate that fact on the petition, and no

further action may be taken under the petition (General Health Article § 10-623(c)).

Track 4 – Constructive Contempt

If an attorney fails to appear on behalf of his client or a witness who was personally served fails to

appear to testify at a hearing, the judge may order the individual be held in contempt. A party to

the case, usually an attorney, case can also request the individual be held in contempt (Md. Rules §§

15-201 to 15-208).

If so ordered by the judge, the clerk will create a special proceedings case and prepare a Show

Cause Order directing the individual to appear at a hearing to explain why they failed to appear.

The Show Cause Order will be mailed to the defendant via certified mail.

There is no filing fee.

Hearing

The Show Cause hearing is scheduled for the same time as the related criminal/traffic case. The

contempt will be addressed at that time.

Postponements

A postponement will only be granted for good cause shown or by consent of the parties and

scheduled on the next earliest available date. A postponement can be requested using the Motion

for Postponement (CC-DC-070).

Appeals

The parties have 10 days to file a motion for a new trial in the District Court (Md. Rule 3-533), or

file a motion to alter or amend a judgment (Md. Rule 3-534); and 30 days to file an appeal (Md. Rule

7-104).

Track 5 – Return of Seized Animals

If animals are seized by the Humane Society of Washington County or the Humane Society of

Frederick County and there are no administrative remedies available to the owner or custodian, a

petition for the return of the animals may be filed in the District Court of the county in which the

removal occurred within 10 days after the removal (Criminal Law Article § 10-615).

File a Case

The following steps are required to file a case:

(a) File a petition/request asking for the return of the animals. There is no petition form, so

you write your request on 8½ x 11 paper. A Motion (DC-002) form may be used.

(b) File a Certificate of Service. You must serve the defendant (Humane Society) with a copy

of the request/motion via first-class mail and provide a certificate to the court that you did

so.

(c) There is no filing fee or service fee.

Postponements

A postponement will only be granted for good cause shown or by consent of the parties and

scheduled on the next earliest available date. A postponement can be requested using the Motion

for Postponement (CC-DC-070).

Hearing

If your petition is granted and the judge orders the return of the animals, the petitioner may be

required to pay costs to the Humane Society for the care of the animals before the animals are

returned.

If your petition is denied, the animals will not be returned.

Appeal

The parties have 10 days to file a motion for a new trial in the District Court (Md. Rule 3-533), or

file a motion to alter or amend a judgment (Md. Rule 3-534); and 30 days to file an appeal (Md. Rule

7-104).

Track 5 – Forfeiture of Contraband Money

Property found in close proximity to an illegal controlled dangerous substance, controlled

paraphernalia, or forfeitable records of the importation, manufacture, or distribution of controlled

dangerous substances is contraband and presumed to be forfeitable.

To apply for the forfeiture of money, the appropriate local financial authority or the Attorney

General shall file a complaint and affidavit in the District Court or the circuit court for the county in

which the money was seized (Criminal Procedure Article § 12-302).

All money forfeitures of $20,000 and under are filed in District Court, no matter where the criminal

case was heard. If the money amount is above $20,000 it is filed in circuit court (Courts and Judicial

Proceedings Article § 4-401(9)). If contraband is personal property or a car, they are filed in circuit

court.

A complaint seeking forfeiture shall be filed within the earlier of (Criminal Procedure Article § 12-

304):

1. Ninety (90) days after the seizure; or

2. One (1) year after the final disposition of the criminal charge for the violation giving rise to

the forfeiture.

If the proceeding is about money, the complaint shall be filed within ninety (90) days after the final

disposition of the criminal proceeding that arose out of the Controlled Dangerous Substances law.

File a Case

The following steps are required to file a case:

(a) File a complaint, using the Complaint for Forfeiture (DC-024) form.

(b) File a show cause order. The Show Cause Order must include the following statements.

See Sample Show Cause Order:

Ordered, that this Order must be served upon the Defendant within thirty (30) days

Ordered, that the above-named Defendant be and hereby is ordered to show cause why the

property should not be forfeited by filing a written response to the court within fifteen (15)

days after service of the Complaint and this Order upon him

Ordered, that this Order shall serve as notification to the Defendant that failure to file a

response within the time allowed may result in a judgment by default or the granted of the

relief sought against Defendant.

(a) File a Request for Service for the defendant, using the Request for Service form (DC-CV-

002). You must use the carbonless multi-part form available at any District Court location.

Please print or type clearly and make sure all copies are legible.

(c) There is no filing fee.

(d) Pay the service fee, if applicable. Check the District Court’s Cost Schedule (DCA 109) for

fees.

The plaintiff will pay the service fee by check or money order to the Clerk’s office. The

check or money order should be made payable to District Court. If the filing fee is paid in

person, payment by credit/debit card or cash is available.

The Sheriff’s fee must be paid via check or money order and cannot be waived. In

Washington County, the check or money order should be made payable to the Washington

County Sheriff’s Department. In Frederick County, the service fee may be paid by cash

(exact cash), debit/credit (Visa, MasterCard or Discover including a 2.5% fee) or

check/money order payable to the Frederick County Sheriff’s Department.

Beginning October 16, 2017, a plaintiff may also electronically file a case and pay the service

fee via the internet.

(e) 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 the

Complaint and Show Cause order to officially notify the defendant that a complaint has been

filed. The Complaint has a 30-day time limit to serve the defendant. 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 and Writ of

Summons. There are four legal ways to deliver these documents to the defendant: 1)

Certified Mail; 2) Private Process; 3) Constable (Baltimore County service only); and 4)

Sheriff.

Time – the plaintiff has 30 days to notify a defendant (Md. Rule 3-113).

(f) Proof of Service. 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 seize the money.

Notice Provision

Per Criminal Procedure Article § 12-306(b), within 20 days after filing of the Complaint, a notice

shall be:

(1) posted by the sheriff on the door of the courthouse where the action is pending or on a

bulletin board within the immediate vicinity of the door;

(2) posted by the sheriff in a conspicuous place on the land, if forfeiture of real property is

sought; and

(3) published at least once a week in each of 3 successive weeks in a newspaper of general

circulation published in the county in which the action is pending, unless the property is a

boat or motor vehicle.

Response from Defendant

If a timely answer has been filed by the defendant within 15 days after service, the clerk will set a

hearing on the forfeiture claim within sixty (60) days after service (posting and publication) of the

notice under Criminal Procedure 12-306(b).

If a timely answer is not filed, the clerk forwards the file to the judge after the time for filing an

answer has expired and the judge may order forfeiture of the property interest without a hearing.

Post-Hearing Orders

After the hearing, the judge may:

• Order release of the property after determining that the property should not be forfeited; or

• Order forfeiture of the property to the appropriate governing body.

The clerk sends a true-test copy of the order to all parties and to the custodian of the seized

property.

Postponements

A postponement for any additional hearings will only be granted for good cause shown or by

consent of the parties and scheduled on the next earliest available date. A postponement can be

requested using the Motion for Postponement (CC-DC-070).

Appeal

The parties have 10 days to file a motion for a new trial in the District Court (Md. Rule 3-533), or

file a motion to alter or amend a judgment (Md. Rule 3-534); and 30 days to file an appeal (Md. Rule

7-104).

Personal Identifiers

It is the responsibility of the filer to redact personal identifiers, prior to submitting a filing with the

Court. Filers include anyone filing documents with the Court, including police officers, the state’s

attorney, criminal complainants, landlords, petitioners, and others. The filer does not have to be a

party to a case, and may include Federal Courts, military personnel, or relatives to a party in a case.

Per Md. Rule 1-322.1, unless otherwise required by law or permitted by court order, the following

personal identifier information shall not be included in any electronic or paper filing with a court:

(1) an individual’s Social Security number, taxpayer identification number; or

(2) the numeric or alphabetic characters of a financial or medical account identifier.”

The rule also states that unless otherwise provided by law or court order, this Rule does not apply

to the following:

(1) a financial account identifier that identifies the property allegedly subject to forfeiture in a

forfeiture proceeding;

(2) the record of an administrative agency proceeding.

Do You Need a Court Interpreter or Other Special

Accommodation?

The Maryland Judiciary provides court interpreters for hearings and proceedings conducted in

court, as well as certain court-related services and events, at no cost, for individuals who are parties

or witnesses in court proceedings.

Only court-appointed interpreters can serve as official interpreters in the courtroom. Your family

or friends cannot serve as official court interpreters. But, you can have your family members or

friends help you to communicate with the court staff outside the courtroom.

You should request an interpreter for your hearing 30 days before the court date, if possible.

Fill out a Request for Spoken Language Interpreter (CC-DC-041). If requesting a sign language

interpreter or other special accommodation, use the Request for Accommodation for Person with

Disability (CC-DC-049). You can also ask your attorney to fill out the form for you.

Submit the form to the Clerk's Office of the courthouse where your hearing is scheduled by mail or

in person.

If you are a party in the case, you only need to submit a single Interpreter Request Form. Once the

court receives your first timely request, the court will assign an interpreter for all proceedings at

which you are expected to appear. Other interested persons (victims and witnesses) must submit a

new Interpreter Request Form for each proceeding.

Washington County District Court and the Community

The following are resources available in the community to help with resolving a dispute.

Location: 36 W. Antietam Street

Hagerstown, MD 21740

Phone number: 240-420-4600

The Clerk’s Office is located on the first floor and the courtrooms are located on the second floor of

the court house.

CASA (Citizens Assisting and Sheltering the Abused) 301-739-4990

Department of Social Services 240-420-2100

Legal Aid 800-649-8813

Maryland Courts Self-Help Center 410-260-1392

People’s Law Library https://www.peoples-law.org/

Safe Place 240-420-4300

For more information about CASA, please visit their website: http://www.casainc.org/

There is a Family Law Clinic for divorce/separation, child custody and child support held every

Thursday in circuit court from 8:00 a.m. to 1:00 p.m. in room #229.

Frederick County District Court and the Community

The following are resources available in the community to help with resolving a dispute.

Location: 100 West Patrick Street

Frederick, MD 21701

Phone number: 301-600-2008

The Clerk’s Office is located on the first floor and the courtrooms are located on the third floor of

the court house.

Department of Social Services 800-332-6347

Legal Aid 301-694-7414

Maryland Courts Self-Help Center 410-260-1392

People’s Law Library https://www.peoples-law.org/

Heartly House 301-662-8800

There is a Family Law Clinic for divorce/separation, child custody and child support held every

Tuesday & Thursday on the lower level of the courthouse 9:00 a.m. to 2:00 p.m., must be signed in

by 12:00 p.m.

The link below is for District Court of Maryland Peace and Protective Order information

http://www.mdcourts.gov/legalhelp/domesticviolence.html

Forms

A growing amount of content on the Maryland Judiciary’s web site is now available in languages

other than English. The non-English pages provide forms, brochures, and other helpful information

about the Maryland Courts. The materials are available in Spanish, French, Russian, Korean and

Chinese. http://www.mdcourts.gov/courtlanguage/index.html.

Protective Order:

The following forms initiate a Protective Order case.

CC-DC-DV-001 Petition for Protective Order

CC-DC-DV-001A Addendum to Protective Order

CC-DC-DV-001B Definition of Terms

DC-DV-PO-1C Continuation Sheet

CC-DC-DV-4 Financial Statement for Emergency Family Maintenance

CC-DC-DV-019 Request for Waiver of Appearance of Protective Order

Use the following form to request changes to an existing Protective Order.

CC-DC-DV-006 Petition to Modify/Rescind/Extend Protective Order

Use the following form if the other party violated the Protective Order.

CC-DC-DV-007 Petition for Contempt of Protective Order

Use the following forms to request to shield a Protective Order.

CC-DC-DV-021A Request to Shield Denied/Dismissed Protective Order Records

CC-DC-DV-021B Request to Shield Consented to Protective Order Records

CC-DC-077 General Waiver and Release

Peace Order:

The following forms initiate a Peace Order case.

DCA-109 District Court’s Cost Schedule

DC-PO-001 Petition for Peace Order

CC-DC-PO-001A Addendum to Peace Order

DC-PO-1S Peace Order Supplement

DC-PO-020 Fee Notice-Peace Order (a link to the form not available)

CC-DC-088 Statement in Support of Waiver of Prepaid Costs by Clerk

CC-DC-089 Request for Waiver of Prepaid Costs

CC-DC-090 Request for Final Waiver of Open Costs

Use the following form to request changes to an existing Peace Order.

CC-DC-PO-006 Petition to Modify/Rescind/Extend Peace Order

Use the following form if the other party violated the Peace Order.

DC-PO-007 Petition for Contempt of Peace Order

Use the following forms to request to shield a Peace Order.

CC-DC-PO-016A Request to Shield Denied/Dismissed Peace Order Records

CC-DC-PO-016B Request to Shield Consented to Peace Order Records

CC-DC-077 General Waiver and Release

Emergency Evaluation:

The following form initiates an Emergency Evaluation case.

CC-DC-013 Petition for Emergency Evaluation

Return of Seized Animals:

The following form may be used to initial a Return of Seized Animal case.

DC-002 Motion

Forfeiture of Contraband Money:

The following form is used to initial a Forfeiture of Contraband Money case.

DC-024 Complaint for Forfeiture of Money

DC-CV-002 Request for Service (a link to the form is not available)

The following form may be used to request a change in a scheduled hearing or trial at the District

Court.

CC-DC-070 Motion for Postponement

The following forms can be used to request a court interpreter or other special accommodation.

CC-DC-041 Request for Spoken Language Interpreter

CC-DC-049 Request for Accommodation for Person with Disability