Frederick Cnty. Cir. Ct. Family DCM Plan 7

Answer + 220 days = up to 310

days from filing

More time may be allotted for

Complaints for Limited Divorce

1-3 days

Track 3:

Complex

1. Contested Divorce cases, with

numerous witnesses including experts

2. Contested Divorce cases, with

numerous property issues, including

but not limited to, business property

and/or large assets; protracted

litigation

Answer + 260 days = up to 350

days from filing

3-5% of caseload; specially

assigned and custom managed

More time may be allotted for

Complaints for Limited Divorce

4+ days

Track 4:

Special Petitions

1. Adoptions, contested and uncontested

2. Guardianship petitions, contested and

uncontested

3. Name Change petitions

4. Declaration of Gender Identity

petitions, with or without Name

Change

5. Enrollments of a Foreign Decree

Custom managed by judge

designated to handle each case

subtype or generally concluded

no later than 270 days from filing

varies

8 | P a g e

Track 1 Designation at Filing of Answer or at Entry of Default Order

After receipt of an uncontested answer in any family case, other than those subtypes that would

automatically be designated as Track 4 at filing, the Clerk’s Office shall designate the matter a Track

1 “Family Track 1 Default/Uncontested” and proceed with the appropriate processing of the matter

accordingly.

After an Order of Default is entered for failure to timely file an answer, the Assignment Office shall

designate the matter as Track 1 “Family Track 1 Default/Uncontested” or “Family Track 1 Reopen

Default” and proceed with the appropriate processing of the matter accordingly.

Track 2 or 3 Designation at the Scheduling Conference Event

After receipt by the Court of an answer in any family case, other than those subtypes that would

automatically be designated as Track 4 at filing, if it is determined that there is any contested issue,

a Scheduling Conference is scheduled. The family magistrate shall, at the Scheduling Conference on

the record in open Court, designate the matter as either a Track 2 or 3 “Family Track 2/3”.

However, if the family magistrate finds that the only contested issue is either limited child support

or limited access, a Track 1 “Family Track 1 Limited Issues” designation may also be made. The

Assignment Office will be responsible for entering these track designations into the case

management system based upon the magistrate’s recommendation at the Scheduling Conference.

Track 4 Designation at Filing

Upon receipt of a Petition for Adoption or a Petition for Guardianship, the Clerk’s Office will

designate the matter as Track 4 and proceed with forwarding the matter to the Case Manager in

Guardianship cases, or the judge designated to handle Adoptions for the appropriate processing.

Upon receipt of a Petition for Name Change, Petition for Declaration of Gender Identity or Petition

to Enroll a Foreign Decree, the Clerk’s Office will designate the matter as Track 4 and proceed with

the appropriate processing of the matter as outlined in the corresponding Process Summary

sections below.

TRACK 1 – EXPEDITED CASES

Uncontested Case Process Summary

In cases where an uncontested answer or line requesting an uncontested hearing is filed, the

Assignment Office will schedule an uncontested hearing with one of our Circuit Court magistrates

within 90 days and issue a hearing notice.

The case will be sent to a judge for the issuance of the final order or judgment, once held for the

appropriate amount of time (if applicable) after testimony has been taken at the uncontested

hearing before a magistrate.

Uncontested Case Timeline

Day 1: Complaint filed and summons issued

Up to Day 60: Service is made on defendant(s)

Up to Day 90: Uncontested answer filed and Notice of Procedure issued

Up to Day 180: Uncontested Hearing before a magistrate (testimony can be taken at this time)

Up to Day 200: Judgment / Final Order entered

Diagram 1.0 – Track 1 – Uncontested Cases

Uncontested Uncontested

Entry of

Complaint filed Answer filed or Uncontested Hearing held

Judgment

and Summons Line Requesting Hearing set and testimony

after 10 days –

Issued Uncontested within 90 days taken same day

unless waived

Hearing

Default Order Entered – Process Summary

In cases where the defendant(s) has been properly served, but no answer has been filed, a Motion

for Default may be filed by plaintiff. If the Motion for Default is granted, the matter is sent to the

Assignment Office for a Default Hearing to be set in approximately 45 days, but not more than 60

days, with notice being issued to all parties. The Clerk’s Office then issues a Notice of Default that

informs the defendant of the 30-day time limit in which to file a Motion to Vacate the Order of

Default.

Default Hearing

If no Motion to Vacate Default has been filed and the defendant(s) fails to appear, testimony can be

taken at this time with only the plaintiff present. Once testimony is taken before a magistrate, a

recommended Final Order/Judgment will be sent to a judge for signature after expiration of the 10-day exception period.

If the default is vacated upon the timely request of the defendant by motion, the Assignment Office

will be directed to remove the Default Hearing and set a Scheduling Conference. If the default is

vacated upon request of the defendant when appearing at the Default Hearing, the Default Hearing

may then be treated as a Scheduling Conference or the Assignment Office may be directed to

schedule a Scheduling Conference at a later date. At the Scheduling Conference, a change of track

designation will be determined, and the case will follow the appropriate process.

If a Default Hearing is expected to exceed 30 minutes, the plaintiff shall notify the Assignment Office

that a lengthier hearing is needed so that the same may be specially set. The information regarding

hearing length may be included in the Default Motion and proposed Order.

Default Order Timeline

Day 1: Complaint filed and summons issued

Up to Day 60: Service is made on Defendant(s)

Day 90 - 120: Motion for Default filed and granted

Day 180: Default Hearing – testimony taken

Up to Day 200: Judgment / Final Order entered

Diagram 1.1 – Track 1 – Default Order

Complaint Motion Notice of Default

filed and Service for Hearing (set w/in 60 Default/Testimony Entry of

Summons obtained Default days) and Notice of Hearing Held Judgment

Issued granted Default issued

Defendant

Motion to Vacate appears - request

Default granted to Vacate Default

Granted

Default Hearing removed

Scheduling Conference

Case rescheduled for

set

Scheduling Conference

Case proceeds

Case proceeds

through

through different

different Track

Track

Limited Child Support or Access Issues – Process Summary

Scheduling Conference (Mandatory)

A Scheduling Conference is set for all contested family cases by the Assignment Office no later than

30 days after an answer or a counter-complaint is filed. Most Scheduling Conferences are heard by a

Circuit Court family magistrate. Scheduling Conferences are not scheduled in uncontested cases,

cases for which no answer has been filed, or where a contempt petition and Show Cause Order have

been filed. In contempt cases, a Prehearing Conference will be scheduled via a Show Cause Order.

The magistrate conducts the Scheduling Conference to:

a) Provide an early opportunity for the parties to settle any of the issues in their case;

b) Determine the contested issues in each case;

c) Establish track designations;

d) Determine the need for any Family Services and/or Coordinated Service Referrals and

make any needed referrals and/or recommendations;

e) Set any/all future court proceedings, to include a Status or Settlement Conference, if

needed, and a Merits Hearing; and

f) Arrive at a time estimate for any necessary hearings; and

g) Provide the parties with the Maryland Parenting Plan Instructions and the Maryland

Parenting Plan Tool pursuant to Md. Rule 9-204.1(b), if applicable

THERE WILL BE NO TESTIMONY/EVIDENCE PRESENTED AT THE SCHEDULING CONFERENCE.

All parties and their counsel must personally attend the Scheduling Conference unless excused by

the Court prior thereto.

At the Scheduling Conference, agreed dates are obtained from the attorneys and parties for the

scheduling of any necessary future court proceedings. Counsel and parties are expected to bring

their calendars, as dates will not later be rescheduled as a rule. The parties generally will not

receive additional time from the Court once dates are set (e.g., if the Merits Trial is set for 2 days,

that is the only time set aside for the trial – more time will not be later granted). If In-House

Mediation is ordered, the date will be scheduled in open court at the Scheduling Conference.

HEARING/TRIAL DATES ESTABLISHED AT THE TIME OF THE SCHEDULING CONFERENCE SHALL

NOT BE POSTPONED EXCEPT AS OUTLINED IN THE POSTPONEMENTS SECTION FOUND BELOW.

Scheduling Orders and Orders for Service Referrals

Immediately following the Scheduling Conference, a Scheduling Order will be issued, if appropriate,

based upon the hearing dates set in court. Some cases may not have a Scheduling Order issued.

However, a notice of upcoming hearings will always be issued. Any orders for family services that

were recommended by the magistrate (usually the only service ordered in Track 1 cases is

mediation) will also be issued immediately following the Scheduling Conference. Services may

include, but are not limited to, mediation, attorney for the child, parenting coordination, substance

abuse testing, supervised visitation, or family therapy. (Please see the “FAMILY SERVICES and

COORDINATED SERVICE REFERRALS” section below)

Status or Settlement Conference

A Status or Settlement Conference may be set in these types of cases if ADR/Mediation is ordered.

These hearings are held before a magistrate. The magistrate will place on the record any settlement

agreement reached between the parties at the hearing. Unless requested by motion and approved

in advance of the Status or Settlement Conference, parties and counsel must appear in person. A

Settlement Conference will start at the time set forth in the Scheduling Order and/or Hearing Notice

and will continue until the magistrate declares an impasse or settlement is reached. Parties and

counsel should be prepared to be present at court for several hours or more.

Documentation May Be Required

Discovery. If a Scheduling Order is issued, a cut-off date for filing of all discovery will be

listed and parties should conclude all discovery by the date in the Scheduling Order.

Child support. If child support is at issue, counsel and/or unrepresented parties are required

to prepare, exchange and file proposed Child Support Guidelines, (with supporting

documentation), 10 days in advance of the Status or Settlement Conference, if one is set or if

no Status or Settlement Conference is set, the proposed Child Support Guidelines (with

supporting documentation) are due 10 days in advance of the Merits Hearing, unless

otherwise indicated in any Scheduling Order issued.

Access. Pursuant to Md. Rule 9-204: if access is at issue, counsel and/or unrepresented

parties are required to prepare, exchange and file either the Maryland Parenting Plan Tool

or a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting

Time, 10 days in advance of the Status or Settlement Conference. If a Status or Settlement

Conference is not set, then these are to be filed 10 days in advance of the Merits Hearing,

unless otherwise indicated in any Scheduling Order issued.

In every case that is not settled at a Status or Settlement Conference, the Court may enter an

order that recites in detail any decisions made or stipulations reached.

Final Merits Hearing

All court events are set on a date certain at the Scheduling Conference to comply with state

mandated case time standards. At the Merits Hearing, all parties should be prepared to present any

witnesses, evidence, or exhibits to prove, or defend against, a claim within the time allotted at the

Scheduling Conference. Certain matters may be scheduled for Merits Hearing before a magistrate.

Limited Child Support or Access Issues – Timeline

Day 1: Complaint filed

Up to Day 60: Service obtained

Up to Day 90: Answer filed (unless Defendant served out-of-state)

Up to Day 120: Scheduling Conference

Day 140 - 170: Discovery to be completed

Maryland Parenting Plan Tool OR Joint Statement of the Parties Concerning

Decision-Making Authority and Parenting Time to be completed (if applicable)

Proposed Child Support Guidelines to be Completed (if applicable)

Up to Day 160: Status or Settlement Conference (if needed)

Day 180: Merits Hearing

NOTES:

Mediation, if ordered, should be conducted prior to any Status or Settlement Conference set. If no

Status or Settlement Conference is scheduled, mediation, if ordered, should be conducted no less

than 20 days prior to the Merits Hearing.

Diagram 1.2 – Track 1 – Limited Issues

Discovery

Mediation

completed Enforcement

conducted/

Up to Day

ordered

150 Settled at

Mediation or YES Consent

Settlement Judgment

Scheduling Order and Order Any other

after

for Mediation and other required

NO testimony

services issued, if appropriate filings made

Scheduling Trial / Merits Entry of

Status/Settlement Post

Proof of Answer Conference Hearing Judgment

Complaint Hearing (if needed) Judgment

Service filed (Court dates set Day 180

Filed Up to Day 160 Motions

60 days 90 days and service

referrals made)

120 days

Appeal

NO

Rule 2-507(b)

Notice issued Dismissal after 30

after 120 days days

TRACKS 2 and 3 – STANDARD and COMPLEX CASES

Process Summary

Scheduling Conference (Mandatory)

A Scheduling Conference is set for all contested family cases by the Assignment Office no later than

30 days after an answer or a counter-complaint is filed. Most Scheduling Conferences are heard by a

Circuit Court magistrate. Scheduling Conferences are not scheduled in uncontested cases, cases for

which a Default has been entered, or where a contempt petition and Show Cause Order have been

filed. In cases with contempt petitions, a Prehearing Conference will be scheduled via a Show Cause

Order.

A magistrate conducts the Scheduling Conference to:

a) Provide an early opportunity for the parties to settle any of the issues in their case;

b) Determine the contested issues in each case;

c) Establish track designations;

d) Determine the need for any Family Services and Coordinated Service Referrals and

make any needed referrals and/or recommendations;

e) Set any/all future court proceedings, to include a Pendente Lite or Motions Hearing, if

needed, a Settlement Conference, a Pre-Trial Conference and a Merits Hearing; and

f) Arrive at a time estimate for any necessary hearings; and

g) Provide the parties with the Maryland Parenting Plan Instructions and the Maryland

Parenting Plan Tool pursuant to Md. Rule 9-204.1(b), if applicable

THERE WILL BE NO TESTIMONY/EVIDENCE PRESENTED AT THE SCHEDULING CONFERENCE.

All parties and their counsel must personally attend the Scheduling Conference unless excused

by the Court prior thereto.

At the Scheduling Conference, agreed dates are obtained from the attorneys and parties for the

scheduling of any necessary court proceedings. Counsel and parties are expected to bring their

calendars, as dates will not later be rescheduled as a rule. The parties generally will not receive

additional time from the Court once dates are set (e.g., if the Merits Trial is set for 2 days, that is the

only time set aside for the trial – more time will not be later granted). If In-House Mediation is

ordered, the date will be scheduled in open court at the Scheduling Conference.

HEARING/TRIAL DATES ESTABLISHED AT THE TIME OF THE SCHEDULING CONFERENCE SHALL

NOT BE POSTPONED EXCEPT AS OUTLINED IN THE POSTPONEMENTS SECTION FOUND BELOW

Scheduling Orders and Orders for Service Referrals

Immediately following the Scheduling Conference, a Scheduling Order will be issued based upon the

hearing dates set in court. Any orders for family services that were recommended by the magistrate

will also be issued immediately following the Scheduling Conference. Services may include, but are

not limited to, mediation, attorney for the child, parenting coordination, custody evaluation,

substance abuse testing, or family therapy. (Please see the “FAMILY SERVICES and

COORDINATED SERVICE REFERRALS” section below).

Pendente Lite Hearing

A Pendente Lite Hearing is not set in all cases but may be scheduled upon request and at the

discretion of the Court. These hearings are set in cases where it is necessary to pass orders on a

temporary basis regarding custody, access, and finances. During these hearings, only limited

information necessary to pass temporary orders is presented. It is expected that these hearings will

be concluded in less than two hours. Any request for a hearing longer than two hours shall be made

in writing. Pendente Lite hearings are generally scheduled in front of a magistrate. The orders

passed as a result of a Pendente Lite Hearing are intended only to be in effect until the final merits

in the matter.

Settlement Conference

A Settlement Conference is set in all Tracks 2 and 3 cases approximately 75 days or more prior to

the Merits/Trial Date. All Settlement Conferences are held before either a magistrate or senior

judge. The magistrate or judge will place on the record any settlement agreement reached between

the parties, at the hearing. Unless requested by motion and approved in advance of the Settlement

Conference, parties and counsel must appear in person.

The Settlement Conference will start at the time set forth in the Scheduling Order and Hearing

Notice and continue until the senior judge or magistrate declares an impasse or settlement is

reached. Parties and counsel should be prepared to be present at court for several hours or more.

In matters where an In-House Custody Evaluation is ordered, the litigants may take part in an

Evaluation/Settlement Conference in addition to the standard Settlement Conference. The Custody

Evaluator will give his/her verbal recommendations and the litigants (and counsel) will be

expected to remain and make attempts to settle the matter after the verbal recommendations are

given. This process takes approximately 90 minutes to 2 hours. Counsel and parties may be able to

meet with a magistrate or a senior judge, to ascertain if there are areas of consensus. If there is no

settlement, the Custody Evaluator will then submit a written report approximately 15 days prior to

the Pre-Trial Conference, but no later than 30 days in advance of the Final Merits Hearing/Trial.

Parties may be asked whether they stipulate to the report based on the verbal recommendations

given on that date. If the Evaluation/Settlement Conference is combined with any other matter, the

parties will still be required to attend any other hearing/matter scheduled for that date.

Required Documentation

Written Discovery. All written discovery must be completed 20 days prior to the Settlement

Conference, unless otherwise indicated in the Scheduling Order.

Motions. All Motions, with the exception of Motions in Limine, must be filed 10 days prior to

the Settlement Conference, unless otherwise indicated on the Scheduling Order.

Parenting Time or Decision Making Authority. Pursuant to Md. Rule 9-204: if parenting time

and/or decision making authority is at issue, counsel and/or unrepresented parties are

required to prepare, exchange and file either the Maryland Parenting Plan Tool or a Joint

Statement of the Parties Concerning Decision-Making Authority and Parenting Time, 10

days in advance of the Settlement Conference, unless otherwise indicated in any Scheduling

Order issued.

Marital property. Counsel and unrepresented parties are required to prepare and exchange

a Maryland Rule 9-207 Joint Statement of Parties Concerning Marital and Non-Marital

Property in all cases with contested issues involving marital property. Same must be filed 7

days in advance of the Settlement Conference, unless otherwise indicated in the Scheduling

Order.

Child support. Counsel and unrepresented parties are required to prepare and exchange

proposed Child Support Guidelines in all cases with contested child support issues. The

draft guidelines must be filed 7 days prior to the Settlement Conference, unless otherwise

indicated in the Scheduling Order. In addition, the parties shall bring to the Settlement

Conference their three most recent pay statements, their W-2 or 1099 for the prior year,

detailed health insurance premium documentation, documentation of any extraordinary

medical costs, and documentation of any work-related child care expenses.

Pre-Trial Conference

If the case is not resolved at the Settlement Conference, the parties will then attend the

prescheduled Pre-Trial Conference. The Pre-Trial Conference takes place approximately two weeks

prior to the Merits/Trial date. The Pre-Trial Conference is generally conducted by a judge.

Instructions with respect to the Pre-Trial Conference are generally set forth in the case Scheduling

Order.

At the Pre-Trial Conference, the judge shall verify: that mediation has occurred, that pre-trial

statements are filed, whether there are any stipulations, whether there are still contested issues,

that financial statements have been filed and updated, that the joint property statement has been

filed, the anticipated length of the trial, the number of witnesses, and the number of expert

witnesses, if appropriate. The Pre-Trial Conference judge will inquire whether there any open

motions, and, if so, how much time is needed for a hearing. The judge will also ascertain, if

applicable, whether the parties can stipulate to any Custody Evaluation Report.

Required Documentation

Expert Witness Identification. Each party shall identify their expert witnesses in advance of

the Pre-Trial Conference. Plaintiffs must identify their expert witnesses no later than 45

days prior to the Pre-Trial Conference, and defendants must identify their expert witnesses

no later than 30 days prior to the Pre-Trial Conference, unless otherwise indicated in the

Scheduling Order.

Updated Discovery and Depositions. Any updated discovery and all depositions should be

completed 20 days prior to the Pre-Trial Conference, unless otherwise indicated in the

Scheduling Order.

Pre-Trial Statement. Each party or their counsel shall file a pre-trial statement no later than

10 days prior to the Pre-Trial Conference unless otherwise indicated in the Scheduling

Order. As provided in the Scheduling Order, the pre-trial statement shall include: party and

counsel information, certification regarding discovery completion, certification regarding

ADR, stipulations, disputed issues, citations, witness list, list of pending motions, exhibit list,

evidence to be presented, updated joint property statement and updated financial

statements.

In every case that is not settled at the Pre-Trial Conference, the Court may enter an Order

that recites in detail any decisions made or stipulations reached at the Pre-Trial Conference.

Final Merits Hearing/Trial

All court events are set on a date certain at the Scheduling Conference to comply with state

mandated case time standards. At trial, all parties should be prepared to present any witnesses,

evidence, or exhibits to prove or defend against a claim within the trial time allotted at the

Scheduling Conference.

Track 2 – Standard Timeline

Day 1: Complaint filed

Up to Day 60: Service obtained

Up to Day 90: Answer filed (unless Defendant resides out-of-state)

Up to Day 120: Scheduling Conference

Up to Day 180: Pendente Lite Hearing (if needed)

Day 180 – 220: Written Discovery to be completed

Day 185 – 225 All Motions to be filed (with the exception of Motions in Limine)

Day 190 – 230: Maryland Parenting Plan Tool OR Joint Statement of the Parties Concerning

Decision-Making Authority and Parenting Time to be filed (if applicable)

Marital Property Statement to be filed (if applicable)

Proposed Child Support Guidelines to be submitted (if applicable)

Day 200 – 240: Settlement Conference

Day 220 – 260: Plaintiff’s Expert Witnesses Identified

Day 230 – 270: Defendant’s Expert Witnesses Identified

Day 240 - 280: Updated Discovery/Depositions to be completed

Day 250 – 290: Pre-Trial Statements to be filed

Day 260 – 300: Pre-Trial Conference

Day 275 – 315 Merits Hearing / Trial

NOTES:

Mediation, if ordered, should be conducted prior to the Settlement Conference if at all possible, but

must be conducted and concluded prior the Pre-Trial Conference.

Complaints for Limited Divorce may be designated as a Track 2 based upon the contested issues

and follow the same course. However, timelines for these cases may be extended as case time

standards do not require these types of cases to be concluded within 365 days.

Diagram 2.1 – Track 2 – Standard

Enforcement

Rule 2-507(b)

Dismissal after 30

Notice issued

days

after 120 days

Settled at

Mediation Consent

Mediation or YES

Judgment

conducted Settlement after

Family Service Orders Issued Conference

190-230-days testimony

if appropriate (mediation,

custody evaluation, etc.)

NO

NO

Scheduling

Pendente

Proof of Answer Conference held Settlement Pre-Trial Trial / Merits Entry of

Complaint Lite Hearing

Service filed - (Court dates set Conference Conference Hearing Judgment

Filed (if needed)

60 days 90 days and service 200-240 260-300 275-315

180 days

referrals made) days days days

120 days

Appeal

Discovery Experts ID,

Post

completed and Pre-Trial

Judgment

Scheduling Order other required Statement,

Motions

issued with Co- filings as etc. 220-290

Parenting Education, applicable days

if appropriate 180-220 days

Track 3 - Complex Timeline

Day 1: Complaint filed

Up to Day 60: Service obtained

Up to Day 90: Answer filed (unless Defendant served out-of-state)

Up to Day 120: Scheduling Conference

Up to Day 200: Pendente Lite Hearing (if needed)

Day 210 - 250: Written Discovery to be completed

Day 225 – 265 All Motions to be filed (with the exception of Motions in Limine)

Day 230 - 270: Maryland Parenting Plan Tool OR Joint Statement of the Parties Concerning

Decision-Making Authority and Parenting Time to be filed (if applicable)

Marital Property Statement to be filed (if applicable)

Proposed Child Support Guidelines to be submitted (if applicable)

Day 240 – 280: Settlement Conference

Day 260 – 300: Plaintiff’s Expert Witnesses Identified

Day 270 – 310: Defendant’s Expert Witnesses Identified

Day 280 - 320: Updated Discovery/Depositions to be completed

Day 290 – 330: Pre-Trial Statements to be filed

Day 300 – 340: Pre-Trial Conference

Day 315 – 355 Merits Hearing/Trial

NOTES:

Track 3 Complex cases will generally be specially assigned to a judge and be managed and overseen

by the specially assigned judge. However, some preliminary hearings may still be conducted by a

magistrate. Additionally, some Track 3 cases may have a magistrate specially assigned in

conjunction with the specially assigned judge.

Mediation, if ordered, should be conducted prior to the Settlement Conference if at all possible, but

must be conducted and concluded prior the Pre-Trial Conference.

Complaints for Limited Divorce may be designated as a Track 3 based upon the contested issues

and follow the same course. However, timelines for these cases may be extended as case time

standards do not require these types of cases to be concluded within 365 days.

Diagram 3.1 – Track 3 – Complex

Enforcement

Rule 2-507(b)

Notice issued Dismissal after 30

after 120 days days

Settled at

Mediation or Consent

Family Service Orders

YES Judgment

Mediation Settlement

Issued, if appropriate Conference after

conducted

(mediation, custody testimony

220-270 days

NO evaluation, etc.)

NO

Scheduling

Pendente

Proof of Answer Conference held Settlement Pre-Trial Trial / Merits Entry of

Complaint Lite Hearing

Service filed (Court dates set Conference Conference Hearing Judgment

Filed (if needed)

60 days 90 days and service 240-280 300-340 315-355

200 days

referrals made) days days days

120 days

Appeal

Discovery

Experts ID,

completed and

Scheduling Order Pre-Trial

other required

issued with Co- Statement, Post

filings as

Parenting Education, etc. 260-330 Judgment

applicable 210-days Motions

250 days

FAMILY SERVICES and COORDINATED SERVICE REFERRALS

Family Support Services and Coordinated Service Referrals include programs that are

designed to facilitate conflict resolution and improve outcomes in family cases. Some

family services and programs are mandatory and will be ordered by the Court during

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. Descriptions of family

services and programs are as follows:

Co-Parenting Education Seminar

A seminar will be court-ordered, where appropriate, for parties involved in family litigation

involving custody and visitation issues. The litigants will choose one of the 6-hour Parenting

Education Seminars from the information sheet provided by the Court. The goals of the Parenting

Education Seminars include the education of parents and the provision of necessary tools to help

parents who live apart work together in making decisions regarding their children, while showing

parents how to insulate the children from adult conflict in order to encourage a healthy adjustment

for the children in these cases. The cost of these seminars is borne by the parties. However, parties

may be determined eligible by the provider for reduced fees or waiver based upon income. (Md.

Rule 9-204).

Genetic Testing

Testing is available when paternity is at issue. Testing is done through the Office of Child Support

Enforcement and must be by court order. Said testing may be ordered at the discretion of the Court.

The cost of genetic testing is generally borne by the litigants.

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. ADR/Mediation affords the

parties the opportunity to reach an agreement and resolve many issues, such as custody, access,

child support, property, and/or financial issues in family cases.

Many cases will be court-ordered to ADR/Mediation with a mediator from an approved list

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

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, any agreement reached through mediation may

be incorporated into an order issued by the Court. The cost of court-ordered ADR/Mediation (not

applicable to the In-House Mediation program) is set by the County Administrative Judge in

accordance with Md. Rule 17-208 and is defined in any Mediation Order (exception is an Order for

In-House Mediation) 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 Family Case

Mediation section.

There is availability for income qualifying parties to participate in mediation through the In-House

Mediation Program at the Circuit Court. For litigants with limited or no income, the Court may refer

and order ADR/Mediation sessions through the Court’s In-House Family Mediation Program. The

In-House Mediation Program is conducted by certified/trained mediators, some of whom are

practicing attorneys with substantial expertise in family law. All sessions held through this program

are confidential. However, any agreement reached through in-house mediation may be

incorporated into an Order issued by the Court. The program may require proof of income even

after referral.

Custody Evaluation

An in-depth evaluation of the conflicted family and may be court-ordered in certain cases. Child

custody evaluation is a process through which recommendations for the custody of, parenting of,

and access to child(ren) can be made to the Court in those cases in which the parents are unable to

work out their own parenting plans. The primary purpose of a child custody evaluation is to assess

the family and provide the court, the parents, and the attorneys with objective information and

recommendations. The assessment goals of a child custody evaluation shall be to: (a) identify the

developmental needs of the child(ren); (b) identify the strengths, vulnerabilities, and needs of all

other members of the family; (c) identify the positive and negative family interactions; (d) develop

a plan for custody and access utilizing the strengths of each individual that will serve the best

interest of the child(ren) and within those parameters, the wishes and interests of the parents, and

in most situations provide them with an opportunity to share in the upbringing of their child(ren);

and (e) through a written report, provide the Court, parents, and attorneys with these

recommendation and supporting data. These evaluations may require home visits, school reports,

submission of therapy/medical reports, and collateral contacts in the community. If, during intake

or in the course of the assessment, it becomes evident to the Evaluator that the family conflict

requires psychological testing or other evaluations (e.g. drug and alcohol evaluations), an additional

order may be entered directing the parties to contract for same as an aid in determining the best

interests of the child(ren), (Md. Rule 9-205.3).

Private Custody Evaluations may be ordered by the Court under certain circumstances. If the

parties demonstrate a need, a qualified private practitioner, possessing at least the designation of

LCSW-C (Licensed Certified Social Worker – Clinical) or equivalent may be appointed. In most cases,

the cost of the evaluation and the evaluator’s time will be borne by the litigants.

In-House Custody Evaluations may be referred/ordered by the Court for income-qualifying

parties under certain circumstances. If the parties demonstrate a need, the Court will order a

Custody Evaluation with the In-House Custody Evaluator employed by the Circuit Court, who is a

qualified practitioner, with the same qualifications as described above. Proof of income may be

required, even after referral. In most cases, the much lower cost of this type of evaluation will be

borne by the litigants.

Attorney Appointments for the Minor Child(ren)

A list of qualified attorneys as described below is maintained by the Family Services Coordinator.

Information about the definitions, best practices, and qualifications of attorneys appointed to

represent minor children can be found at:

http://www.courts.state.md.us/family/pdfs/training/BIAGuidelines.pdf

Best Interest Attorney may be appointed by court order if appropriate or upon request of the

parties. The Best Interest Attorney specifically represents the best interests of the child(ren) of the

parties. Only attorneys having completed the approved course of training will be considered for

appointment in the capacity of Best Interest Attorney. In most cases, the cost of this representation

will be borne by the litigants.

Attorney Advocate may be appointed by court order if appropriate or upon request of the parties.

Attorney Advocates provide independent legal counsel for a child who has considered judgment.

This attorney owes the same duties of undivided loyalty, confidentiality, and competent

representation as are due an adult client. In most cases, the cost of this representation will be

borne by the litigants.

Child Privilege Attorney may be appointed by court order if appropriate or upon request of the

parties. The Child Privilege Attorney is a lawyer appointed by a court in a case involving child

custody or child access to decide whether to assert or waive, on behalf of a minor child, any

privilege that the child if an adult would be entitled to assert or waive. The term Child Privilege

Attorney replaces the term “Nagle v. Hooks Attorney” which was derived from the case (Nagle v.

Hooks, 296 Md. 123 (1983)). The court may combine the roles of Child's Privilege Attorney with

either of the other two roles. In most cases, the cost of this representation will be borne by the

litigants.

Psychological Evaluations

Psychological evaluations are conducted by private practitioners in the community, and the

expense of the testing and evaluation is borne by the parties. Participation may be ordered by the

Court upon motion of a party, upon recommendation of the magistrate, or upon independent order

of the Court. Psychological evaluations may be sought when it becomes apparent that the Court will

benefit from the more in-depth mental health and parenting capacity information. This may be the

case when there is a demonstrated immediate and significant concern or when a Custody/Visitation

Evaluation with psychological testing as an adjunct is needed to arrive at a decision in the best

interests of the child(ren). In most cases, the cost of this service will be borne by the litigants.

Therapy or Family Therapy

Therapy may be ordered by the Court during the pendency of a case when there is a demonstrated

concern or issue regarding the child(ren) or one or both of the parents. Ongoing therapy may also

be ordered as part of the ultimate decision in a contested custody/visitation case. In most cases, the

cost of this service will be borne by the litigants.

Parenting Coordination

Parenting Coordination is a process in which the parents work with a Parenting Coordinator to

reduce the effects or potential effects of conflict on the parties' child(ren). Parenting Coordinators

use mediation, creative problem solving, and education techniques to resolve disputes regarding

parenting plans and are empowered in limited situations to arbitrate and make decisions when

mediation and education efforts are not successful in resolving the conflict. There is no In-House

Parenting Coordination program currently offered. The Family Services Coordinator maintains a

list of approved Parenting Coordinators who each set their own rates, which are allocated between

the parties. For families of limited means, they may choose to select one of the providers that

charge a lower rate that is allocated between the parties. The Court may order Parenting

Coordination during the course of the litigation, and the parties may consent to continue or start

Parenting Coordination after litigation has concluded. (Md. Rule 9-205.2).

Supervised Visitation and Monitored Transfer

Supervised Visitation program at the Frederick County Mental Health Association is designed to

provide a structured setting and relaxed environment for visitation between children and their

parents. The majority of family cases referred/court-ordered to participate in supervised visitation

include reunification, absconding, alcohol or drug use, or child physical or sexual abuse. Fees are

charged and are subject to change. Please contact the Frederick County Mental Health Association

to verify current fees for services and availability. There is limited space in the program. More

information can be found at: https://fcmha.org/how-we-help/the-visitation-center

Monitored Transfer program at the Frederick County Mental Health Association is designed for

the safe transfer of children from one parent to another, where neither parent encounters the other.

Staff members escort the children from one parent to another in a safe, neutral setting. Monitored

Transfer is available to clients with or without Court orders as long as all parties agree to the

conditions of the program. However, the Court, where appropriate, may order monitored transfers

of the minor children in certain cases. Fees are charged and are subject to change. Please contact

the Frederick County Mental Health Association to verify current fees for services and availability.

There is limited space in the program. More information can be found at: https://fcmha.org/how-we-help/the-visitation-center

Therapeutic Supervised Visitation may be ordered in cases where there has been a high level of

family conflict, or there has been a history of family violence, child abuse or neglect, substance

abuse, or other factors that put children at risk. Generally speaking, this is the only place where the

visiting parent is seeing the child(ren). Fees are charged and are subject to change. Please contact

the Frederick County Mental Health Association to verify current fees for services and availability.

There is limited space in the program. More information can be found at: https://fcmha.org/how-we-help/the-visitation-center

Drug and Alcohol Testing, Evaluation, and Treatment

Testing, evaluation, and treatment may be court-ordered when an allegation of substance abuse

arises or may be requested as part of a Custody/Visitation Evaluation. The Court may order one-time testing, referral for monitoring or ongoing treatment, and counsel or the parties may be

notified of all results. Hair follicle testing may also be ordered to assess longer term drug use. Costs

of testing, evaluation, and treatment are generally borne by the litigants.

The Family Law Self Help Clinic

The Clinic is a free legal clinic staffed by an attorney, located on the lower level of the courthouse

and accessible virtually. The clinic provides either general legal information or limited legal advice

in family law matters such as divorce, custody, visitation, and child support free of charge to income

eligible persons. Legal assistance may include one-on-one consultations, workshops and tools for

case organization and trial preparation. An appointment can be made by texting 240-285-9675

during the hours of 8:30 am and 4:00 pm, Monday through Friday. These dates and times are

subject to change. Please always check with the Court to verify dates, times and other information.

This is not a court-ordered service.

Heartly House

Heartly House provides legal representation in protective order hearings to victims of domestic

violence who have been abused by an intimate partner (i.e., current or former spouse, current or

past boyfriend, girlfriend, or an individual who has a child in common with the victim). Heartly

House (HH) also offers a variety of related services to its clients, including assistance in formulating

a safety plan, accompaniment to related criminal proceedings, and information on family law and

domestic violence issues. HH works closely with the other service providers in the community to

provide clients with referrals for services not offered by HH. In addition, HH represents clients with

appeals from decisions in both the District and Circuit Courts. In limited circumstances, HH will

represent victims in divorce or custody proceedings. This is not a court-ordered service.

EMERGENCY RELIEF AND PETITIONS FOR TEMPORARY EX

PARTE RELIEF

Emergency Relief and Procedure

If there is some immediate substantial risk that injury will result to a party or a party's child(ren)

before a regularly scheduled hearing can be held, an emergency or temporary hearing may be

considered in family cases. These types of hearings may occur at any time during a case but are

usually filed early in the case by either party. In order to request an emergency hearing, a motion

must be filed (in motion format) and must be titled: MOTION FOR AN EMERGENCY

HEARING/RELIEF. The Motion should contain all of the relevant facts including the reason why the

matter needs immediate court attention. Purely speculative evidence of harm will not be

considered sufficient for emergency relief. See Magness v. Magness, 79 Md. App. 668, appeal

dismissed, 317 Md. 641 (1989). Motions for Emergency Relief must be filed in accordance with the

Maryland Rules of Procedure for Motions.

Motions for Emergency Relief should be sent to the opposing counsel/party if filed during the

pendency of the action. An affidavit and certificate of service must accompany any Motion for an

Emergency Hearing, detailing the facts that give rise to the emergency. All affidavits are to be

attached to motions for mailing and/or service and must be signed by the party, not by counsel,

unless the attorney has personal knowledge. If the Motion for Emergency Relief is the first pleading

filed in the matter, the opposing party must be served in the manner set forth in the “Notify the

Other Party (Defendant)” section under

Complaint or Petition Filed.

With the exception of cases filed under the domestic violence statute, no Motions for Emergency

Relief will be granted unless a pleading for permanent relief has been filed at the same time as, or

prior to, the emergency motion. In other words, a party must also file a Complaint for Divorce,

Custody, Visitation, Child Support, etc. at the same time or prior to filing the Motion for Emergency

Relief.

The request for an emergency hearing will be reviewed by a magistrate or judge depending on the

issues. If the request is granted, the Assignment Office, as directed, will afford the parties a hearing

date within 7 business days. The hearing scheduled will be no longer than one hour in duration. If

the complaining/moving party wishes the Motion to be ruled on immediately, a Motion to Shorten

Time should also be filed. Otherwise, the complaining/moving party risks the Motion for

Emergency Relief being held for 18 days prior to ruling.

For cases where domestic violence is an issue, this process is a supplement to, and not an

alternative to or replacement for, the procedures outlined in the FL §4-501regarding Petitions for

Protection from Domestic Violence.

Ex Parte Relief and Procedure

Motions/Petitions for Ex Parte Relief shall be filed with the Clerk’s Office and all parties shall

comply with the provisions of Md. Rule 1-351. The motion must include a written certification that

the moving party has given notice of the time and place of presentation of the application to the

Court or that specified efforts commensurate with the circumstances have been made to give

notice.

If a Motion for Ex Parte Relief relies upon facts not contained in the record or presented in live

testimony, the motion must be "based on a verified affidavit." Magness v. Magness, 79 Md. App. 668,

appeal dismissed, 317 Md. 641 (1989). In accordance with Magness and other case law, the affiants

must certify their personal knowledge of facts upon which they rely to support their claim for relief.

The Motion for Ex Parte Relief will be reviewed by a judge, depending on the issues, and the judge

shall (1) issue an Order, (2) deny an Order or (3) direct the Assignment Office to schedule a hearing

before a magistrate or judge. A ruling will be made and the parties will be notified by the close of

business the following business day.

DENIAL OF EMERGENCY OR EX PARTE RELIEF DOES NOT DISMISS THE CASE. THE CASE IS

EXPECTED TO PROCEED IN THE NORMAL COURSE AND IN ACCORDANCE WITH THE MARYLAND

RULES OF PROCEDURE.

Motions for Ex Parte Relief should be sought sparingly and only in circumstances that require

immediate intervention. Ex Parte or Emergency Relief will be denied unless there is a sufficient

showing that there is an imminent risk of substantial and immediate harm to a party or minor child

or that there are circumstances which the Court believes require immediate intervention in

accordance with the aforementioned policy.

Abuse/Domestic Violence

Cases are screened for abuse/domestic violence by the Family Case Manager, based upon

information filed in the case, prior to the Scheduling Conference taking place. During the Scheduling

Conference, the presiding magistrate asks parties and/or counsel generally if there is any reason

the case would not be appropriate for mediation. If nothing is found by the Family Case Manager

and none of the parties or counsel object to mediation during the Scheduling Conference, then the

case will be court-ordered to mediation. Whether ordered to mediation with an outsourced

mediator on the Court’s roster or ordered to the In-House Mediation Program, the mediator or their

support staff, further screen cases for abuse/domestic violence prior to any mediation session

being held, by either interviewing parties via phone or asking each party to fill out a questionnaire

based upon Suitability for Mediation Tool.

TRACK 4 - SPECIAL PETITIONS

Adoption Petitions – Process Summary

Information on Adoption Petitions can be found in Md. Rules 9-101 through 9-113.

When a Petition for Adoption is filed (other than an Adoption filed following a Termination of

Parental Rights/Guardianship through a Department of Social Services matter where a child was

previously found CINA), the Clerk’s Office will enter the track designation in the case management

system, issue the appropriate notice of filing, if requested, and refer the case to the Adoption Case

Management Judge, as designated by the County Administrative Judge.

The case is then solely managed in its entirety by the Adoption Case Management Judge and the

judge’s staff. Letters or notices may be sent to the petitioner or counsel if the Petition or any

attachments and exhibits do not comply with the Maryland Rules. The Adoption Case Management

Judge will also determine the need for any attorney appointments, such as an attorney to represent

the child or an objecting parent. The file may be sent to the Assignment Office for scheduling of a

Status Conference or other preliminary hearings, if necessary.

A Home Study/Evaluation may be ordered, if deemed appropriate. This home study is conducted by

the Circuit Court Evaluator (or private evaluator in the event of a conflict). The primary purpose of

a home study is to assess the family and provide the court, petitioner(s), parents, and the attorneys

with objective information and recommendation. The assessment goals of a Home

Study/Evaluation shall be to: (a) identify the developmental needs of the child(ren); (b) identify the

strengths, vulnerabilities, and needs of all other members of the family; (c) identify the positive and

negative family interactions; (d) determine what course of action will serve the best interest of the

child(ren) and within those parameters, the wishes and interests of the parties; and (e) through a

written report; provide the court, petitioner(s), parents, and attorney with these recommendation

and supporting data.

Whether a case is contested or uncontested, all issues will be addressed by the Adoption Case

Management Judge, and it is the responsibility of that judge, in conjunction with the Clerk’s Office to

appropriately manage the case so that the matter is concluded within case time standards. When

the matter is ready for a testimony/final hearing, the date is coordinated with the judge and the

Assignment Office, as well as any attorneys who have entered their appearance.

Guardianship Petitions – Process Summary

Information on Petitions for Guardianship can be found at Est. & Trusts §13-101, et seq.

When a Petition for Guardianship is filed, the Clerk’s Office will enter the track designation in the

case management system and refer the case to the Guardianship Case Manager.

The case is managed by the Guardianship Case Manager in concert with the Guardianship Case

Management Judge (as designated by the County Administrative Judge) and the judge’s staff for

purposes of initial screening. This ensures all pleadings and documents comply with Maryland

Rules. Letters or notices may be sent to the petitioner or counsel if the Petition or any attachments

and exhibits do not comply with the Maryland Rules. Any necessary appointments of an attorney to

represent the alleged disabled or minor will be made by the Guardianship Case Management Judge

to ensure they are eligible pursuant to Md. Rule 10-106. In all cases, a Show Cause order will be

issued outlining appropriate service and answer dates, based upon any hearing dates. All hearing

dates will be coordinated by the Assignment Office with any attorneys who have entered their

appearance or been appointed by the Court.

Once set for hearing, whether contested or uncontested, these cases may be placed into general

assignment, meaning that any judge may conduct hearings or address any other issues that arise. It

is the responsibility of each judge, in conjunction with the Guardianship Case Manager, to

appropriately manage the case so that the matter is concluded within case time standards and the

required orientation and training is completed by individuals appointed as guardians.

These cases are closed once a guardian is appointed. However, they will remain active for purposes

of tracking and reviewing required Report of the Person and/or Inventory, Accounting and

Fiduciary Reports. It will be the responsibility of the Trust Clerk and the Guardianship Case

Manager to track and review any required Reports of the Guardian with the Guardianship Case

Management Judge having the final authority to accept/approve said reports.

Petitions to Enroll a Foreign Decree – Process Summary

When a Petition to Enroll a Foreign Decree is filed, the Clerk’s Office will send the Petition to the

defendant/opposing party in accordance with FL §9.5-305, notifying said defendant/opposing

party of their right to contest the Petition within 20 days of service.

If service is effected and no objection is filed, then the Petition is sent to a judge for issuance of an

order enrolling/confirming registration of the foreign decree and the case is closed. If any request

for modification or enforcement of the foreign decree has been requested, the case is reopened by

the Clerk’s Office and the request must be served in accordance with the process described in the

Case Processing Events – All Family Case Types section and the case will then follow the

appropriate processing of a Track 1, 2 or 3, depending on the contested issues, as outlined above in

Table 1.1 – Family Tracks, Case Types, and Outcomes.

If service is effected and the opposing party/defendant files an objection to enrolling the foreign

decree, then the case is referred to the Assignment Office for a hearing to be scheduled within 90

days. At the hearing, a determination will be made as to whether the Foreign Decree should be

enrolled, and the appropriate court order will follow. Once the court order, either denying or

granting the Petition is issued, the case will be closed.

When a Petition to Enroll Foreign Decree is granted and any modification or enforcement of the

foreign decree has been requested, the case will be reopened by the Clerk’s Office and the request

for modification or enforcement must be served in accordance with the process described in the

Case Processing Events – All Family Case Types section and the case will then follow the

appropriate processing of a Track 1, 2 or 3, depending on the contested issues, as outlined above in

Table 1.1 – Family Tracks, Case Types, and Outcomes.

If service of the Petition is NOT effected, then the case will be referred to the Assignment Office and

a Status Conference will be scheduled within 60 days to determine the next steps that are needed

regarding service, whether a further hearing is necessary and any other action that is appropriate.

Name Change Petitions – Process Summary

Pursuant to Md. Rule 15-901, a Petition for Name Change should include the petition, any required

supporting documents and a proposed order. When the Petition for Name Change is filed, the

Clerk’s Office will hold the petition for at least 30 days, plus time for mailing to allow for any

objection to the petition to be filed. If the petition requests to change the name of a minor and

written consent of each parent, guardian or custodian of the minor is not filed, then the Clerk’s

Office shall issue a Notice of Change of Name of a Minor. The moving party must then serve the

notice with the petition and any attachments to any and all non-consenting parents, guardians or

custodians pursuant to Md. Rule 2-121. Once an Affidavit of Service is filed, the Clerk’s Office will

hold the petition for 30 days, plus time for mailing after the date of service, to allow for any

objection to the petition to be filed. Please note the if the petition is for the name change of a minor,

all parents, guardians or custodians must file a written consent and the child, if 10 years of age or

more, must also file a written consent

Once an Affidavit of Service has been filed, when required, and/or the time for an objection has

passed, as described above and no objection is filed, the Clerk’s Office will send the petition to the

designated Chambers Judge for review to determine if the issuance of an order granting the petition

is appropriate. The Court may grant the petition without a hearing or the matter may be referred to

the Assignment Office for a hearing, with the appropriate order to follow.

If no Affidavit of Service has been filed and is required as described above the matter is sent to the

designated Chambers Judge for review to determine the next course of action, which may involve

scheduling a hearing. At the hearing, the Court will determine if further steps need to be taken with

regard to service or if the petition should be granted or denied with the appropriate order being

issued. The case may be dismissed if the moving party fails to appear.

If an objection to the petition for name change is filed, whether for an adult or a minor, the Clerk’s

Office will send the petition to the Assignment Office for scheduling a hearing. The moving party

may file a response to the objection, but it is not required. A ruling on the petition will be made at

the hearing and the appropriate order will follow.

Declaration of Gender Identity Petitions, with or without Request for

Name Change – Process Summary

Pursuant to Md. Rule 15-902, a Petition for Declaration of Gender Identity should include the

petition, any required supporting documents and a proposed order. When the Petition for

Declaration of Gender Identity is filed, the Clerk’s Office will not hold the petition, but send it to the

designated Chambers Judge for review and ruling as appropriate.

If the petition is for the Gender Identity Declaration of a minor and written consent of each parent,

guardian or custodian of the minor is not filed, then the Clerk’s Office shall issue a Notice of Filing.

The moving party must then serve the notice with the petition and any attachments to any and all

non-consenting parents, guardians, or custodians pursuant to Md. Rule 2-121. Once an Affidavit of

Service is filed, the Clerk’s Office will hold the petition for 30 days, plus time for mailing after the

date of service, to allow for any objection to the petition to be filed. Please note the if the petition is

for the Gender Identity Declaration of a minor, all parents, guardians, or custodians must file a

written consent and the child, if 10 years of age or more, must also file a written consent.

If required as stated above, once an Affidavit of Service has been filed, time for an objection has

passed and no objection is filed, the Clerk’s Office will send the petition to the designated Chambers

Judge for review to determine if the issuance of an order granting the petition is appropriate. The

Court may grant a petition without a hearing or the matter may be referred to the Assignment

Office for a hearing, with the appropriate order to follow.

If no Affidavit of Service has been filed and is required as described above the matter is sent to the

designated Chambers Judge for review to determine the next course of action, which may involve

scheduling a hearing. At the hearing, the Court will determine if further steps need to be taken with

regard to service or if the petition should be granted or denied with the appropriate order being

issued. The case may be dismissed if the moving party fails to appear.

If an objection to the petition for a minor is filed, the Clerk’s Office will send the petition to the

Assignment Office for scheduling a hearing. The moving party may file a response to the objection,

but it is not required. A ruling on the petition will be made at the hearing and the appropriate order

will follow.

VARIOUS – GENERAL PROCEDURES

Final Order/Judgment

The Final Order/Judgment is entered by the Clerk’s Office following a trial. The date of the

judgment is the date the Clerk’s Office enters the judgment on the electronic case management

system docket. (Md. Rule 2-601).

Post – Judgment

The parties have 10 days to file a Motion to Alter or Amend a Judgment (Md. Rule 2-534), and 30

days to file an appeal to the Appellate Court of Maryland.

Enforcement

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

all parties will receive a copy. The Court does not collect any money owed to the prevailing party.

To begin an enforcement action, the prevailing party will have to complete and file more forms with

the Court, pay the required filing fees, and appear in Court for additional hearings. The prevailing

party must usually wait 10 days before he or she can take 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.

The prevailing party must file documents with the Court and provide the other party with copies of

all motions or correspondence filed with the Court in order to garnish or seize money or property.

If the other person does not have a job, a bank account, real estate, or other significant property, it

may be difficult to collect on a judgment.

Contempt Proceedings

In Contempt matters, a Show Cause Order will be issued setting a date for a Pre-Hearing

Conference. The Pre-Hearing Conference is generally held with a family magistrate. The

magistrate will determine if jail is definitively sought as relief, determine if mediation would

be helpful to resolve any issues, and set a merits (trial) date with either a magistrate (if jail

not requested) or a judge.

Special Assignment of Cases

The special assignment of all family matters is the responsibility of the County Administrative

Judge. If a magistrate or 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.

When appropriate, a case may be specially assigned to a Circuit Court Judge by the County

Administrative Judge. 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 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 any matters in all specially assigned cases must be

cleared with the Assignment Office in advance in order to ensure judicial availability.

Postponements

It is the policy of this Court to resolve family disputes without unnecessary delay or undue waste of

the time and resources of the Court, the litigants, and other case participants. Although it may be

necessary or appropriate to postpone a hearing or court event, such requests should be based upon

a showing of good cause and should be done well in advance of any scheduled court deadline or

event. The Court generally will not grant any request for postponement or for modification of a

Scheduling Order that delays the resolution of the matter beyond twelve months from the date of

filing, which is the case time standard that applies to family cases other than Complaints for Limited

Divorce.

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

Modification of Scheduling Order and Postponement of a Settlement Conference

All requests for modification of a Scheduling Order or for postponement of a Settlement Conference

shall be in writing in accordance with the Maryland Rules of Procedure. All requests must set forth

the basis for the modification or postponement and the position of other parties or their counsel, if

available. If a contested request is made less than three weeks before a scheduled hearing or trial, it

should be accompanied by an appropriate Motion to Shorten Time.

Requests to postpone hearings before a magistrate that are made on the day of hearing will be ruled

on by the presiding magistrate. The magistrate may address changes in Scheduling Orders in non-

specially assigned cases; however, only the County Administrative Judge or Specially Assigned

Judge may address postponements of set trial dates. An order should be issued to memorialize any

postponement of court proceedings or extension of filing deadlines.

Interpreters and Disability Accommodations

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

proceeding or for 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 witness does not appear in court in a timely

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

counsel causing the unnecessary expense.