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

A. SCHEDULING

When a domestic matter such as divorce, annulment, child custody and/or access, child

support, alimony/spousal support or the modification of such, is filed with the court, the clerk

issues an appropriate summons to the non-moving party.

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 the magistrate or judge or the matter is dismissed,

depending on the circumstances of the case.

The court holds two (2) regularly scheduled dockets each month for the purposes of

scheduling and status conferences and motions hearings, but matters may be specially set to

accommodate specific circumstances, ensure compliance with time standards and in the interests

of judicial economy.

1. Status Conference

At the status conference, the magistrate advises the moving party of the need to take

further action and sets another status conference. If the moving party takes further action, the

status conference is vacated, and the matter proceeds as is appropriate. If the moving party fails

to take further action, the case is dismissed at the second status conference.

2. Uncontested Matters

If an answer is filed indicating no contested issues, the assignment commissioner will set

the case before the magistrate as soon as is practicable. In cases when a default is entered, the

matter is scheduled at least 30 days after entry of the default, consistent with the Md. Rules.

3. Scheduling Conference

If an answer is filed indicating that there are contested issues, the assignment

commissioner will set the case for a scheduling conference before the magistrate. The

scheduling conference is set within 30-45 days after filing of the answer and notices are issued.

All counsel and parties are required to appear at the scheduling conference. The

magistrate determines the disputed issues and establishes dates and deadlines for the progression

of the case, including deadlines for discovery, designation of experts, and the filing of pre-trial

statements, proposed joint statements of marital/non-marital property and the joint statement

concerning decision-making authority and parenting time, as may be appropriate. The magistrate

will also set a date for a settlement conference, which is typically scheduled within 30 days after

the close of discovery. The deadline for filing a pre-trial statement, proposed joint statement of

marital/non-marital property and joint statement concerning decision-making authority and

parenting time, as may be appropriate, is 10 days prior to the date of the settlement conference.

At the scheduling conference, the magistrate may recommend family services, including,

but not limited to, co-parenting education, the appointment of child counsel, psychological

evaluation, or a substance use assessment. The family services coordinator aides the court in

preparing the referral orders. The magistrate may also refer certain cases to day-of-court

mediation, when available. Otherwise, except as proscribed by Md. Rule 9-205(b), all other

cases are referred to mediation. The deadline for mediation is approximately ten (10) days prior

to the close of discovery.

If requested, and deemed necessary and appropriate by the magistrate, a date for a

pendente hearing may be set at the scheduling conference. The pendente lite hearing is

scheduled as soon as is practicable given the circumstance of the case and the magistrate’s

calendar.

The magistrate’s recommendations, the proposed scheduling order, the proposed family

service orders, if any, and the mediation order are then forwarded to the judge for consideration

and signature.

4. Settlement Conference

Settlement conferences take place before a senior judge or the magistrate. The court holds

four (4) regularly scheduled dockets each month for the purposes of settlement conferences.

Two (2) dates are before a senior judge and two (2) dates are before the magistrate. Matters may

be specially set to accommodate specific circumstances, ensure compliance with time standards

and in the interests of judicial economy. All parties and all attorneys who will be litigating the

case must appear at the settlement conference.

Continuing a settlement conference is strongly discouraged and will only be permitted in

extreme circumstances. If the matter has not been fully resolved at a settlement conference

before the senior judge, the parties shall immediately appear before the presiding judge for a

discussion of the issues and a trial date will be set. If the presiding judge is not available, the

parties shall immediately proceed to assignment for the scheduling of trial. Trial is set no more

than 90 days after the settlement conference. In cases that are fully settled before the senior

judge, 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 submission of a consent

order.

If the matter has not been fully resolved at a settlement conference before the magistrate,

a trial date is obtained from assignment by the magistrate and deadlines are established for

updating financial information, where appropriate. A trial/hearing is typically set no more than

90 days after the settlement conference. Depending on the contested issues, the trial/hearing may

be scheduled before the judge or the magistrate, as the parties agree, and as may be convenient to

the court’s calendar. In cases that are fully settled before the magistrate, the terms of the

agreement are placed on the record before the magistrate and a status conference is scheduled

within 45 days to allow for submission of a consent order, or the magistrate will prepare the

order. In cases that are partially settled before the magistrate, the terms of partial agreement are

placed on the record before the magistrate and the magistrate will prepare the order. In all

settlement conferences before the magistrate, regardless of the outcome, recommendations are

issued and forwarded to the judge for review and consideration, consistent with the Md. Rules.

B. TRIAL/HEARING

In trials scheduled before the judge, if a ruling is not issued from the bench, an opinion

and order or judgment is timely filed.

In hearings scheduled before the magistrate, the magistrate announces the findings of fact

and recommendations on the record, schedules the matter for further proceedings in which a

written report is generated and read into the record, or holds the matter sub curia and issues a

written report. In all circumstances, the magistrate’s report, recommendations and findings of

fact and a proposed order are forwarded to the judge for review and consideration, pursuant to

the Md. Rules. If exceptions to the magistrate’s findings of fact and recommendations are filed,

an exceptions hearing is scheduled before the judge as soon as is practicable and in accordance

with the timelines established by the Md. Rules.

C. CHILD SUPPORT MATTERS

1. Office of Child Support Enforcement (OCSE)-Paternity and

Establishment/Modification of child support

When a paternity and/or child support action is filed by the OCSE, the clerk issues a

summons. The petition/complaint and summons are forwarded to the OCSE for service, or to the

sheriff, as may be requested by the OCSE. At such time as an answer or affidavit of service is

filed, the matter is set for a hearing that is at least 30 days from the date of filing of the answer or

affidavit. If an affidavit of service is not filed after 120 days, a notice of contemplated dismissal

will be issued by the clerk’s office.

Paternity and establishment/modification of child support matters are scheduled before

the magistrate. The court has one (1) regularly scheduled docket each month for these matters.

However, matters may be specially set to accommodate specific circumstances, ensure

compliance with time standards and in the interests of judicial economy.

In cases where paternity has not yet been established, the matter will be scheduled before

the magistrate for an initial appearance. During the proceedings, the alleged father will be

advised of the allegations contained in the petition and afforded the opportunity for genetic

testing. If testing is requested, an order will be issued establishing the date, time and location of

genetic testing. A hearing will also be scheduled to determine paternity and to proceed with

establishment of child support, if appropriate. The hearing is typically scheduled on the first

child support docket following the date the genetic testing is scheduled to occur. If testing is

waived and the alleged father admits to paternity, the matter will proceed on that day with the

establishment of child support, where requested.

If paternity has already been established, or the parties have submitted to voluntary

genetic testing and have already received the results of that testing, the magistrate will proceed

with testimony regarding the establishment of child support, where requested.

At the conclusion of the hearing, the magistrate announces the findings of fact and

recommendations on the record and written recommendations are distributed in the courtroom.

The magistrate’s report, recommendations and findings of fact and a proposed order are

forwarded to the judge for review and consideration, pursuant to the Md. Rules. If exceptions to

the magistrate’s findings of fact and recommendations are filed, an exceptions hearing is

scheduled before the judge as soon as is practicable and in accordance with the timelines

established by the Md. Rules.

If an establishment/modification of child support matter is filed by the OCSE and a

custody action is pending, the companion custody action will be noted on the case and no action

will be taken in the child support matter until the custody action is resolved. It is the goal of the

court to schedule the custody and child support matters at or around the same time to preserve

the interests of justice and promote judicial economy.

2. Private party actions for establishment/modification of child support

When a private party files for establishment or modification of child support, the matter

proceeds as described in earlier sections of this case management plan. In those circumstances

where the action is contested, an abbreviated scheduling conference occurs before the magistrate.

The parties are referred to mediation, when appropriate, given deadlines to exchange certain,

specified financial documents and the parties are given a date for a hearing before the magistrate.

At the conclusion of the hearing, the magistrate announces the findings of fact and

recommendations on the record and written recommendations are distributed in the courtroom.

In rare circumstances, the magistrate may schedule the matter for further proceedings in which a

written report is generated and read into the record, or the magistrate holds the matter sub curia

and issues a written report. In all circumstances, the magistrate’s report, recommendations and

findings of fact and a proposed order are forwarded to the judge for review and consideration,

pursuant to the Md. Rules. If exceptions to the magistrate’s findings of fact and

recommendations are filed, an exceptions hearing is scheduled before the judge as soon as is

practicable and in accordance with the timelines established by the Md. Rules.

3. Office of Child Support Enforcement (OCSE) -Request for suspension or

reinstatement

Requests for suspension by the OCSE are treated as motions requiring a certificate of

service and are given an 18-day response period. A motion to suspend may be ruled on without a

hearing, unless a response is filed opposing the requested relief.

If a motion to reinstate is filed by the OCSE, and the matter has been closed for more

than 30 days, the clerk will issue a summons to be served on the opposing party and forward the

summons and motion to the OCSE or the sheriff, as may be requested by the OCSE. A motion

to reinstate may be ruled on without a hearing, unless a response is filed opposing the requested

relief.

D. CIVIL CONTEMPT PROCEEDINGS

1. Office of Child Support Enforcement (OCSE)

In contempt actions filed by the OCSE for non-payment of child support, the OCSE files

a contempt petition and proposed show cause order. The matter is reviewed by the magistrate

and a date is set for an initial appearance before the magistrate. The date of the initial

appearance is at least 75 days from the date of the filing of the petition. The clerk also issues a

summons. The petition, the show cause order and the summons are forwarded to the OCSE for

service, or to the sheriff, as may be requested by the OCSE.

If unserved within five (5) days before the date of the initial appearance, the clerk’s office

will remove the initial appearance from the docket and the OCSE must file a request to reissue.

If the unserved party appears in court on the date of the initial appearance and, after fully being

advised of his or her due process rights, consents, the magistrate may proceed with the initial

appearance on that date.

At the initial appearance, the party alleged to be in contempt is advised of the allegations

contained in the petition, his right to counsel and the matter is scheduled for further contempt

proceedings. The magistrate may also make referrals to community resources, including

available employment programs. If, after further contempt proceedings occur, the magistrate

concludes that a referral to the judge for contempt is appropriate, the magistrate will provide the

alleged contemnor with both an oral and written advice of rights and a date to return for a

contempt hearing before the judge. The contempt hearing is scheduled before the judge within

60 days of the last proceeding before the magistrate.

When it is determined at a court proceeding that regular child support payments have

been received, or that the alleged contemnor is in compliance with the directives of the court, no

further hearings will be scheduled, and the case will be closed.

The court holds two (2) regularly scheduled dockets each month for the purposes of

addressing the OCSE contempt matters, one (1) day each before the judge and the magistrate.

Matters may be specially set to accommodate specific circumstances, ensure compliance with

time standards and in the interests of judicial economy.

2. Private party

In contempt actions filed by private individuals, the magistrate will review the petition for

contempt and prepare a show cause order for the judge’s consideration. If incarceration is

requested in the petition for contempt, a notice of rights is included as part of the show cause order.

All privately filed c onstructive civil contempt matters are typically set before the magistrate,

regardless of whether or not jail time is requested

When issued, the show cause order contains a date for a show cause hearing and the

deadlines for service of the petition and order and the filing of an answer. The date for the show

cause hearing is typically set 45 days from the date of issuance of the show cause order.

The show cause order also provides a deadline for filing an affidavit of service or request

to reissue. The deadline is approximately ten (10) days after the deadline established for service.

Once the deadline has passed, and after review by the magistrate, if an affidavit of service or

request to reissue has not been filed, an order will be issued dismissing the matter.

At the show cause hearing, the magistrate announces the findings of fact and

recommendations on the record, schedules the matter for further proceedings in which a written

report is generated and read into the record, or holds the matter sub curia and issues a written

report. In all circumstances, the magistrate’s report, recommendations and findings of fact and a

proposed order are forwarded to the judge for review and consideration, pursuant to the Md.

Rules. If exceptions to the magistrate’s findings of fact and recommendations are filed, an

exceptions hearing is scheduled before the judge as soon as is practicable and in accordance with

the timelines established by the Md. Rules.

If there are reasonable grounds to believe that a party is in contempt and that

incarceration is an appropriate sanction, the magistrate will conclude the proceedings without a

recommendation and reset the matter before the judge, pursuant to Md. Rule 9-208(d).

E. EMERGENCY RELIEF

When an emergency hearing request is filed, the magistrate or the judge will review the

matter to determine whether emergency and/or expedited relief is appropriate. Typically,

emergency/expedited matters are reviewed by the magistrate or judge on the same date they are

filed and/or processed by the clerk’s office.

Upon review, if the court determines that there is a “credible prospect of imminent and

substantial physical or emotional harm to a child or vulnerable adult,” as set forth in Md. Rule

16-302(2)(A), an emergency hearing will take place the same day. If the court determines that

there are credible threats to “imminently terminate services necessary to the physical or mental

health, sustenance of the child or vulnerable adult or the imminent removal of the child or

vulnerable adult from the jurisdiction of the court,” consistent with the intent of Md. Rule 16-

302(2)(A), an order may be issued setting the matter for an expedited pendente lite hearing

before the magistrate. If the court determines that emergency circumstances do not exist, then the

court will direct that the matter proceed with scheduling in the normal course as described in

earlier sections of this case management plan.