Queen Anne's Cnty. Cir. Ct. Civil DCM Plan I

Consistent with the Case Time Standards adopted by the Judicial Council, Constitutional

requirements and applicable Md. Rules, it is the goal of this plan to ensure that all civil (non-domestic) cases, jury and non-jury, be concluded within 18 months (548 days) of the filing date.

To achieve this goal, the Circuit Court for Queen Anne’s County is committed to resolving

different categories of cases within a regular and predictable time frame warranted by the needs

of those cases. The expected time frame for the conclusion of cases will be less than 18 months

in the vast majority of civil (non-domestic) cases.

Civil cases with claims greater than $5,000, up to $30,000, may be filed in the District or

Circuit Court. Cases with claims greater than $30,000 must be filed in Circuit Court. Formal

rules of procedure and of evidence apply in civil cases. Either side may demand a jury trial in

cases with claims greater than $15,000 (Md. Code Ann., Cts. & Jud. Proc. § 4-402). If a jury trial

is requested, the case must be heard in Circuit Court.

The County Administrative Judge supervises all aspects of civil (non-domestic) case

management and is ultimately responsible for the implementation of this Civil DCM Plan,

pursuant to Md. Rule 16-302(b). The administrative judge shall exercise authority over such civil

case issues and matters and shall monitor the implementation and effectiveness of the Civil DCM

Plan.

When a civil non-domestic case is filed with the clerk’s office, appropriate summon(es)

is/are issued and requisite notices are sent. The clerk’s office identifies those cases in which

there has been no activity for 60 days and notice is issued advising the moving party of the need

to timely take further action. If no action is taken in response to the notice, the matter is referred

to the assignment commissioner for scheduling of a status conference before judge or the matter

is dismissed, depending on the circumstances of the case.

A. SCHEDULING CONFERENCE

Once the matter is at issue by virtue of the filing of the appropriate answer(s) to the

complaint or other responsive pleading, the assignment commissioner shall assign the matter for

scheduling conference within the next thirty (30) days in accordance with Md. Rule

16-302(c)(3). A notice for scheduling conference is generated and issued.

At the scheduling conference, counsel is required to appear in person or via Courtcall.

The presiding judge engages in a discussion to confirm the nature and extent of the case and to

establish deadlines for designation of expert witnesses, discovery, motions, the naming of

additional parties, amendments to the pleadings, referral to alternative dispute resolution (ADR),

and to schedule a settlement conference and address any other issues that may affect case

scheduling. Motions to dismiss may also be addressed. Following the scheduling conference, a

Scheduling Order and an ADR order are issued. The latter establishes a deadline for ADR that is

no later than 10 days following the close of discovery.

B. SETTLEMENT CONFERENCE

In accordance with Md. Rule 2-504.2, the court will direct all parties to appear for a

pretrial conference before trial. Each party shall file not later than five (5) business days before

the conference a settlement conference statement. All parties and their trial counsel must attend

the settlement conference, together with any claims representative, as applicable, who must have

full authority to settle the case. Continuing a settlement conference is strongly discouraged and

will only be permitted in extreme circumstances. Following a settlement conference, in cases

which have not been fully settled, the parties shall immediately appear before the presiding judge

for a discussion of the issues and scheduling of the trial date(s) to occur no more than 90 days

after the settlement conference. In cases that are fully settled at the settlement conference,

whether or not the terms of the agreement are placed on the record before the presiding judge, a

status conference shall be scheduled within 45 days to allow for the submission of a consent

order or stipulation of dismissal.

C. FORECLOSURES

Generally, mortgage foreclosures and foreclosures of the equity of redemption require

close monitoring. The Clerk’s Office monitors such cases and, if there has not been activity for at

least 90 days or the level of progress generally expected has not been achieved, the county

administrative judge and/or assignment commissioner determines if a status conference is

necessary. If a status conference is found to be necessary, it is generally scheduled within thirty

(30) days and the procedures identified hereinabove are followed. During the course of the

proceedings, status conferences may be scheduled for lack of service, subsequent requests for

order of publication, ratification of sales, failure timely to file a deed, delay in filing an audit, and

any other delays in the proceedings, When all of the prerequisites have been met for ratifying a

foreclosure sale, the court reviews the pleadings to determine that all requirements have been

met, and, if the sales price is insufficient and will cause a substantial deficiency, the court may

issue a show cause order and require a written response and/or schedule the matter for

evidentiary hearing.

D. MEDICAL MALPRACTICE TRACK

Consistent with the requirements of Md. Code Ann., Cts. & Jud. Proc., § 3-2A-06C(d-f)

(2013, 2018 Supp.), the court, at or immediately after a scheduling conference, shall assign an

ADR practitioner from the Statewide approved list to conduct an appropriate alternative dispute

resolution session, unless the parties have already chosen such a qualified individual prior

thereto. Unlike other civil cases, medical malpractice cases are typically assigned a trial date at

the scheduling conference.

E. BUSINESS & TECHNOLOGY/ASTAR TRACK

In accordance with Md. Rule 16-308, cases may be referred to this track(s) by the request

of the parties or by referral from a judge. In its determination to assign a case to a track, a judge

will review the case using the factors set out in Md. Rule 16-308(c). In either case, the matter

may be referred to the circuit administrative judge for special designation to the Business &

Technology or ASTAR judge(s) within the circuit. Unless the matter is specially assigned, the

matter shall be scheduled for scheduling conference, at which the presiding judge will discuss

issues with the attorneys, including but not limited to: the need for motions hearing(s), the

feasibility of ADR, and the trial date. The court, at or immediately after a scheduling conference,

shall assign an ADR practitioner from the Statewide approved list to conduct an appropriate

alternative dispute resolution session, unless the parties have already chosen a qualified

individual prior thereto. Unlike other civil cases, medical malpractice cases are typically

assigned a trial date at the scheduling conference.