Frederick Cnty. Cir. Ct. Family DCM Plan (introduction)

FREDERICK COUNTY CIRCUIT COURT

FAMILY DIFFERENTIATED

CASE MANAGEMENT PLAN

January 2023

This Plan has been approved by the County Administrative Judge of the Circuit Court for Frederick

County, upon authority of the Chief Justice of the Supreme Court of Maryland.

Table of Contents

Declaration of Gender Identity Petitions, with or without Request for Name Change – Process

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OVERVIEW

This Family1 Differentiated Case Management (DCM) Plan is established in accordance with Md.

Rule 16-302(b), which requires the County Administrative Judge to develop and, upon approval by

the Chief Justice of the Supreme Court of Maryland, implement and monitor a case management

plan for the prompt and efficient scheduling and disposition of actions in the Circuit Court.

Statement of Purpose

This Family DCM Plan has been created to provide effective case management in compliance with

the Maryland Rules, while also providing a predictable course of action and timely resolution for all

family cases. Family cases present unique issues not encountered in criminal cases or other types of

civil cases. The adversarial framework inherent in the court process is often not the preferred

method of resolving family issues. The Family Differentiated Case Management Plan is

implemented to help provide for a just and efficient resolution of cases without compromising due

process. Meaningful events may be included in several tracks to facilitate timely disposition early in

the case. Postponement requests are governed by a written policy, approved by the County

Administrative Judge, with a view to curbing delay wherever possible.

It is the purpose of this DCM Plan to provide an effective case management system, which will

assure:

 Equal treatment of all litigants by the Court;

 The best interests of the children and families in our community are served;

 All litigants are aware of their rights and responsibilities, with access to information that

will assist them with judicial procedures;

 Appropriate support services are available for families so that conflict is reduced, and

problem-solving techniques are introduced to the parties in an effort to reduce future

litigation;

 Consistent rulings in family matters;

1 Family cases have historically been called Civil Domestic cases.

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 Timely resolution and disposition consistent with the circumstances of the individual case;

 Quality of the litigation process; and

 Public confidence in the Court as an institution.

Case Management

The policies and procedures outlined in this plan shall be implemented by the judges and

magistrates, the Deputy Court Administrator, the Family Case Manager, the Family Services

Coordinator, and various Assignment Office and Clerk’s Office staff. The Family Case Management

Judge and Family Case Management Magistrate, with assistance from the Deputy Court

Administrator, supervise all aspects of family case management and are ultimately responsible for

the monitoring of this plan, pursuant to Md. Rule 16-302(b). The County Administrative Judge

makes all final decisions, including whether and to whom a case should be assigned, when

necessary.

All judges and magistrates are responsible to comply with and implement in their rulings and

recommendations, 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 FAMILY CASE TYPES

The following are the major events for family cases. ANY QUESTIONS ABOUT THIS PROCESS

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

OFFICE OR THE COURT.

Complaint or Petition Filed

The following steps are required to file a family case:

Complaint or Petition

A Complaint or Petition is filed with the Court (Md. Rule 2-111) at the Circuit Court Clerk’s Office.

Most family cases are required to attach a completed Domestic Case Information Form (CC-DCM-

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001) with the complaint. Family case subtypes exempt from filing the Domestic Case Information

Form include the following:

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

 Domestic violence relief under FL §4-501 through 4-516, including Md. Rule 3-

326(c) transfer;

 Paternity, when filed by a government agency under FL §5-1001 through 5-1048.

Filing Fees Paid

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

fees may be waived or deferred 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.

Service: Notification of the Other Party(ies) (defendant(s))

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

to provide the opposing party (usually the defendant), with a copy of the suit/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. After the time limit has expired, the summons is no longer valid unless renewed by

request of the moving party. The original complaint, summons, Domestic Case Information Report,

and financial statement, if applicable, must be delivered to the opposing party. There are four legal

ways to deliver these documents to the defendant: 1) Certified Mail, restricted delivery; 2) Private

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

Proof of Service

The Court requires that the moving party (plaintiff) file an Affidavit of Service (CC-DR-55 or CC-DR-

56) form to prove that the opposing party has been served. If the Court does not receive proof of

service within the time allotted for the opposing party (usually the defendant) to file an answer, the

moving party’s (usually the plaintiff) complaint may be dismissed.

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Lack of Jurisdiction

If the defendant (or opposing party) 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 to Md. Rule 2-

507(d), indicating that the case will be dismissed, but providing the opportunity for the moving

party (usually the plaintiff) 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 jurisdiction.

Answer

The defendant (or opposing party) must file an affirmative answer, typically within 30 days after

receiving a summons, for most Circuit Court family case subtypes (Md. Rule 2-321).2 Once an

answer has been filed, these cases are considered by the Court to be at issue, and the case shall

proceed in the normal course (Md. Rule 2-323). In addition, if the defendant (or opposing party)

seeks to modify any information on the original Domestic Case Information Form, or expects to file

a counterclaim, cross-claim, or third-party claim, he or she is required to file a Domestic Case

Information Form (CC-DCM-001) with the answer.

Forms

Access to all forms that may be required is located on the Index of Family Forms at the Maryland

Judiciary website: http://mdCourts.gov/family/formsindex.html

FAMILY TRACK DESIGNATIONS

A family case may follow four potential tracks to resolution. Tracks are defined either at filing of the

petition, upon receipt of an uncontested answer or by a magistrate at a Scheduling Conference.

Track designations are based on case subtype as well as what issues are contested and/or

uncontested. Tracks define expected case processing events, the timing of events, assignment, and

the expectations for case duration. Track assignment may be changed at any point during the

pendency of a case if the status of the case changes.

2 Exceptions include defendants who are served outside the State of Maryland, among others. See Md. Rule 2-

321 for information on who would have a different deadline to file an answer.

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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. A concluded disposition is considered either

by judgment or dismissal.

 Complaints for Limited Divorce – 98% should be concluded within 24 months (730 days) of

the filing date.

 All remaining family case types – 98% should be concluded within 12 months (365 days) of

the filing date.

Family Case Types Defined

 adoption

 alimony

 annulment

 case arising from marital settlement agreements

 child support (excluding Office of Child Support Enforcement [hereinafter OCSE] filings)

 contempt petition of any family order

 custody

 divorce (both absolute and limited)

 enrollment of foreign decree

 guardianship

 name change

 post judgment modification of any family order

 private paternity

 visitation

Other Family Case Types

 Domestic violence cases originally before the Circuit Court are scheduled before a judge in

accordance with FL §4-501. Appeals from rulings of the District Court in domestic violence

cases will be scheduled in accordance with FL §4-507. Transfers from the District Court in

domestic violence cases will be scheduled by the District Court for the hearing on the final

protective order to be heard in the Circuit Court.

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 Appeals of peace orders from the District Court will be scheduled before a judge in

accordance with CJP §3-1506.

Petitions for Protection from Domestic Violence

Petitions for Protection from Domestic Violence must be filed with the Clerk’s Office. The Clerk’s

Office will send the case to the chambers judge, and the petitioner will be directed to the

appropriate courtroom, as these petitions will be heard in open court the same day. If the request

for ex-parte or Temporary Protective Order is granted, a Temporary Protective Order will be issued

in the courtroom and a hearing will be set within seven days to determine whether a Final

Protective Order should be issued.

The respondent will be served with an order that contains the date of the next hearing, so that they

may be present and be given the opportunity to present testimony and/or evidence. On the date of

the Hearing for Final Protective Order, if the respondent has not been served and is not present,

then the Temporary Protective Order may be extended and the hearing rescheduled within the next

seven days, so proper service can be obtained. If the respondent still cannot be served, the

Temporary Protective Order may be extended up to six months.

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Table 1.1 – Family Tracks, Case Types, and Outcomes

Diagrams 1.0 through 3.1 illustrate the events and times required for family case processing by

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

each track or subtype description.

Track Case Subtypes Expected Case Duration and

Notes

Time allotted for

Trial / Merits Hearing

Track 1:

Expedited