St. Mary's Cnty. Cir. Ct. Civil DCM Plan 7

Between the filing of the complaint and

service, the Court may dismiss the case for lack of jurisdiction. If the

defendant has not been served after 120 days of the complaint being

filed, the Clerk’s Office sends notice to the parties that they have 30 days

to file a motion to defer the order of dismissal or the case will be

dismissed without prejudice. After the 30 days, the Clerk’s Office will

dismiss the case. The Clerk’s Office makes a docket entry that the case

is dismissed for lack of jurisdiction. A written request to defer dismissal

under Maryland Rule 2-507 must be filed before the expiration of the 30

days and shall state the specific deferral period sought and the reasons

for such request. If the Court grants a motion to defer the order of

dismissal, the judge will specify the maximum deferral period.

Answer

Defendants must file an affirmative answer, typically within 30 days after

they are served with a summons for most circuit court civil case subtypes.

Once an answer is filed by each defendant, these cases are considered to be at

issue, and shall proceed. In addition, if the defendant seeks to modify any

information on the original case information report, or expects to file a

counterclaim, cross-claim, or third-party claim, an information report must be

filed with the answer.

Request for Order of Default

If the defendant has been served and fails to file an answer by the

required time, the plaintiff shall file a Request for Order of Default. Upon

receipt of either an answer or the granting of an Order of Default, the case will

be set for a trial or scheduling conference, as appropriate.

Lack of Prosecution

Following service, cases will be dismissed for lack of prosecution after

one year from the last docket entry. Following service, if no answer has been

filed, or, once an answer is filed, no other action on the case occurs for a year,

the Clerk’s Office will send notices to the parties that they have 30 days to file a

motion to defer the order of dismissal or the Court will dismiss the case

without prejudice. The Clerk’s Office makes a docket entry that the case is

dismissed without prejudice for lack of prosecution. A written request to defer

dismissal under Maryland Rule 2-507 must be filed before the expiration of the

30 days and shall state the reasons for such request and the specific deferral

period sought. If the court grants a motion to defer the order of dismissal, the

judge will specify the maximum deferral period in the order.

CIVIL CASE EVENTS AND ASSIGNMENT – TRACKS 1 through 3

Case assignment, including a scheduling conference and/or trial date for

all circuit court civil (non-foreclosure) cases, are set when a case is first at

issue as to all original defendants.

The designated trial judge scheduled to hear a case may not necessarily

preside over its motions hearings, scheduling conference, or pretrial

conference, except in complex cases assigned to Track 3 that require individual

judicial management by a designated or specially assigned judge.

Discovery

1. Tracks 1A & 1B (Civil Expedited)

Discovery is informal for expedited civil cases. There should not be an

expert report filed by either party.

2. Track 2A, 2B and 3 (Civil Standard, Extended and Complex)

Discovery shall be completed in accordance with the deadlines contained

in the Scheduling Order. Motions to extend the deadlines will only be

considered for good cause, with consent of the other counsel, as long as the

extension does not require moving a trial date.

Alternative Dispute Resolution (ADR)

Parties are encouraged to utilize alternative dispute resolution (ADR) as

early in the case management process as possible. ADR may help to reach an

early resolution, limit issues, establish damages, or resolve other areas of

contention that otherwise impede the progress of a case, such as discovery

disputes. St. Mary’s County does not have court-designated ADR providers.

Parties shall make their own arrangements for ADR, but may request an Order

for same. ADR in health care malpractice actions is mandatory pursuant to

Maryland Rule 17-203, unless all parties file with the Court an agreement not

to engage in ADR and the Court finds that ADR would not be productive.

1. Time for Completing ADR

Unless otherwise established in the scheduling order, the deadline for

completing ADR is 60 days prior to the scheduled trial.

2. Location of ADR

Unless otherwise agreed upon by all parties, ADR shall occur at a

location within St. Mary’s County.

3. Responsibility of Parties or Counsel

If the parties reach an agreement prior to the scheduling of, or the date

of the scheduled ADR session, the parties shall promptly file a line with the

Court, with a copy to the ADR practitioner, and take steps to dismiss the case

as quickly as possible, prior to the trial date.

Scheduling Conferences (Mandatory for Tracks 2B and 3)

Scheduling conferences are held before a judge. Counsel and self-represented litigants are required to attend a scheduling conference, which

are held in the Assignment Office. Parties may be allowed to participate by

telephone by requesting permission to do so from the Assignment Office

beforehand. The Court will conduct scheduling conferences approximately 30

days from when the case is at issue as to all original defendants.

The goals of a scheduling conference include:

1. Providing an early opportunity for the parties to discuss and

possibly settle any of the issues in their case;

2. Confirming whether counsel and/or self-represented litigants

agree on the established track assignment;

3. Resolving matters relating to discovery;

4. Determining the benefit of alternative dispute resolution (ADR), or

any other intervention by the Court;

5. Determining time limits for discovery, dispositive motions and

pretrial conferences, and whether additional parties will join the case;

6. Determining the appropriate number of days the case will need for

trial; and

7. Clearing motion and trial dates that are agreeable to the

schedules of counsel and self-represented litigants, so as to eliminate the need

for continuance requests.

Pretrial Conferences

The Court may schedule a pretrial conference for cases assigned to

Tracks 2B and 3 at the time of the initial scheduling conference. All parties

and their counsel must attend the pretrial conference. Should settlement

terms require approval by a claims supervisor, claims representative or

committee, government or corporate official, or other individual or individuals,

that person, or those persons, with the full negotiating authority (not limited

authority) must appear, in addition to the parties and their counsel.

Furthermore, all parties, counsel, and representatives who attend must be

prepared to discuss, in good faith, all issues in order to attempt to reach a fair

and reasonable settlement or resolution of all open issues. Failure to comply

with these provisions, including the failure to attend or to send a person with

full authority to negotiate a reasonable settlement, may result in the imposition

of sanctions by the Court.

All discovery must be completed by the date established in the

scheduling order, in advance of the pretrial conference. Additionally, the

identification of all experts must be final in order to make the settlement

discussions meaningful. De bene esse21 depositions may be taken subsequent

to pretrial. Exchange of witness lists and exhibits must be completed prior to

the pretrial conference. Counsel and/or parties must be prepared to

meaningfully discuss settlement and any other issues at the pretrial

conference.

Pretrial Conference – Settlement

In the event that the parties and/or their counsel reach an agreement at

the pretrial conference, the Court will enter an appropriate order or place the

agreement on the record that day. The Court will instruct the parties and/or

their counsel, if necessary, to file an order or stipulation of dismissal and pay

any open costs within a specified time period.

Counsel designated to prepare any such final order must comply within

the time frame established by the judge. Any disagreements between counsel

regarding the language of the order must be resolved in a timely manner

between counsel or by prompt notification to the Court. The Court may impose

sanctions for failure to comply with this provision, including but not limited to

monetary sanctions and/or counsel fees. Parties, counsel, and all

representatives with full authority may receive a notice to appear in Court in

order to determine, solely at the discretion of the court, the reason behind a

failure to timely file the appropriate order.

Settlement of Case after the Pretrial Conference

If settlement occurs between the pretrial conference and the date of trial,

counsel and/or parties shall notify the Assignment Clerk and the judge

assigned to the case within (7) days of settlement. A stipulation of settlement

must be filed prior to the trial date or a 30-day dismissal order will be issued

by the Court.

Trial

Trials and all court hearings are date certain events identified by the

scheduling order. The Court will only permit a postponement of the trial date

for good cause. At trial, all parties should be prepared to present any

witnesses, evidence, or exhibits needed to prove or defend against a claim.

FORECLOSURE CASE EVENTS – TRACK 4

Foreclosure cases are quasi-judicial in nature, governed by the Real

Property Article and the Maryland Rules. The time standards from filing to

disposition is 24 months (730) days. Foreclosure cases are not generally

reviewed by chambers until such time as the substitute trustee has completed

the sale and is requesting ratification thereof. Chambers may review the file

prior to that time if any of the following requests are filed: motion to defer

dismissal, motion to waive mediation costs, order to proceed following

mediation, request to stay foreclosure sale, or exceptions following the sale. In

the event a Suggestion of Bankruptcy is filed, all proceedings will be stayed

pending dismissal thereof or an order being filed indicating that the automatic

stay has been lifted by the bankruptcy court. Any case that is stayed as a

result of a Suggestion of Bankruptcy shall be set for a hearing every 12 months

to determine if the bankruptcy proceedings are still active.

Once an Order of Ratification and Referral to the Auditor are filed, the

case is sent to the judge’s chambers to be reviewed. If there are no

deficiencies, the Order will be granted, and the Clerk will send a copy of the

Order of Ratification to the parties, as well as to the court auditor. If the Court

finds any deficiencies, then an Order will be generated listing said deficiencies

and giving the substitute trustee 30 days to cure same.

Alternative Dispute Resolution (ADR) – Foreclosure Mediation

In a foreclosure action on owner-occupied residential property, the

mortgagor or grantor may request foreclosure mediation. In foreclosure

mediation, the parties and their counsel meet to discuss their positions, in an

attempt to reach an agreement on a loss mitigation program. The

mortgagor/grantor requests mediation by filing a completed request form

within 25 days after service of the Order to Docket if it includes a Final Loss

Mitigation Affidavit, or, if the Final Loss Mitigation Affidavit was not included

with the initial filing of the Order to Docket, then the request is made within 25

days after the mailing of the Final Loss Mitigation Affidavit. The request must

be accompanied by the required filing fee (unless the Court waives the filing

fee), and must be mailed to the secured party’s counsel. The Court transmits

the mediation request to the Office of Administrative Hearings (OAH), which

conducts the mediation within 60 days. This deadline may be extended for

good cause, or by agreement of the parties. OAH sends notice of the scheduled

mediation to the foreclosure counsel, the secured party, and the mortgagor or

grantor. This notice directs each party to provide certain documents and

information to the other party and the mediator.

Only homeowners for whom the foreclosed property is their primary

residence are eligible to participate in mediation. Mediation is not available to

owners of foreclosed rental or commercial properties.

Paying the Foreclosure Mediation Fee

The mediation fee is $50.00 (See Foreclosure, Request for Mediation.)

The Court may consider waiving the mediation fee if the

mortgagor/grantor completes and files a Request for Waiver of Filing Fee for

Foreclosure Mediation (CC-080).

If the Court grants a fee reduction, the Court will specify in its order the

dollar amount that the mortgagor/grantor must pay. Also, the Court will

specify the amount of time, not to exceed 10 days, within which the

mortgagor/grantor must make payment to the Court. If the mortgagor/grantor

does not make payment within the time allowed, the request for foreclosure

mediation will be stricken.

Suggested Audit – Status Hearing

Once an Order of Ratification has been signed by the Court, the file is

then sent to the Assignment Office to schedule a status hearing 120 days out

to ensure that the auditor’s report is filed. The substitute trustees are

responsible for providing the court auditor with a suggested audit, copy of the

recorded trustee’s deed, and his/her fee. No auditor’s report can be filed

without a copy of the trustee’s deed being attached thereto to ensure that

transfer of the property actually occurs. If the auditor’s report is filed prior to

the status hearing set by the Court, the status hearing will be removed from

the court docket. If it is not, then the substitute trustee must appear and

provide the Court with an explanation of why he/she has not provided the

court auditor with the information needed to file the audit. Short

continuances may be granted by the Court for good cause.

ALL CIVIL CASE TRACKS

Judgment and Orders

Following a trial, the Clerk’s Office enters the judgment. If possible, the

judge signs an order of the court on the same day as the scheduled trial date.

Pursuant to Maryland Rule 2-601, the date of judgment is the date the clerk

enters the judgment into the electronic case management system.

Post-Judgment

Pursuant to MD Rule 2-533, the parties have 10 days to file a motion for

a new trial, or file a motion to alter or amend a judgment pursuant to MD Rule

2-534. Pursuant to MD Rule 2-535, a motion to revise judgment may be filed

within 30 days. Finally, parties have 30 days to file an appeal to the Court of

Special Appeals.

Post-Judgment Enforcement

After the Court issues a judgment and the Clerk’s Office enters it into the

record, both parties will receive a copy of the judgment by mail. The Court will

not collect the money owed to the prevailing party. To begin an enforcement

action, the prevailing party must complete and file additional forms with the

Court, pay the required filing fees, and possibly appear in court for additional

hearings.

CIVIL ASSIGNMENT AND SCHEDULING PROCEDURES

Specially Assigned Cases

It is the responsibility of the County Administrative Judge to assign all

civil matters requiring special assignment. The Court will closely manage

litigation and trial for any case specially assigned. Any party may request the

special assignment of a case or a judge may determine a case is appropriate for

special assignment. A request for special assignment made by a party or

recommended by a judge shall be forwarded to 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 also be coordinated with the Assignment Office. Specially assigned cases

should be managed consistent with the provisions of this Plan, including

adherence to case time standards.

Special assignment does not guarantee priority status on the court’s

dockets.

Temporary Restraining Orders and Other Ex Parte Orders

All motions, petitions, or complaints for temporary restraining orders or

other ex parte22 orders shall follow the rules for ex parte hearings, including

the required affidavit and notice to opposing parties. The Court and the

Assignment Office will schedule hearings in accordance with the Maryland

Rules and the appropriate filings of the parties to ensure the expeditious

handling of these matters.

There shall be no oral or written ex parte communications with the Court

by parties or counsel, except as provided by the Maryland Rules.

Motions in Limine

Counsel or the parties shall file Motions in Limine no later than 7 days

prior to trial, to allow sufficient time to schedule a hearing thereon prior to

trial.

Postponements

1. Policy

The policies outlined herein are developed to eliminate the need for

requests to postpone court events and to adhere to case time standards.

Requests for postponements must be in writing and, regardless of the

type of hearing, be made in the form of a Motion, prior to the hearing sought to

be postponed. The motion must include specific reasons for the request, the

opposing party’s position on the postponement (if possible), a proposed order,

and proposed new hearing/trial dates that have been cleared through the

Assignment Office. The Court will grant postponements only for good cause

shown, and will evaluate, on a case-by-case basis, whether or not sufficient

cause justifies a postponement. As a guide for practitioners, the Court does

not generally consider the following reasons as sufficient cause to grant a

postponement:

a. Counsel or the parties agree to a postponement, without

providing a specific need for same;

b. The case has not previously been postponed;

c. Counsel or the parties have not completed discovery;

d. New counsel has entered an appearance or a party wants to

retain new counsel;

e. Unavailability of a witness who has not been subpoenaed; and

f. A party or counsel is unprepared to try the case for reasons,

including but not limited to, the party’s failure to maintain necessary

contact with counsel.

Generally, the Court will consider the following as good cause to grant a

postponement:

a. Sudden medical emergency or death of a party, counsel, or

material witness who has been subpoenaed; and

b. Facts or circumstances arising or becoming apparent too late in

the proceedings to be fully corrected and which, in the view of the Court,

would likely cause undue hardship or possibly miscarriage of justice if

the trial were required to proceed as scheduled; such circumstances

must not have been discoverable previously.

Should a conflict in assignment dates arise once counsel has agreed to

scheduled hearing dates, counsel shall make every effort to obtain the presence

of another attorney to act in the case before requesting a postponement, which

may not be granted.

2. Procedures

a. Authority to Grant Postponements

The County Administrative Judge, or the case’s specially

assigned judge, shall consider requests to postpone a trial.

b. Specially Assigned Cases

If a case receives special assignment, the specially assigned

judge will make determinations regarding case management and

scheduling, consistent with the case time standards. However, the

County Administrative Judge must be consulted by the specially

assigned judge on postponements that place the matter beyond its

target date. In addition, the Assignment Office must clear dates for

the re-scheduling of all specially assigned cases.

INTERPRETERS

1. Request for Interpreters

The Maryland Judiciary provides court interpreters at no cost for

hearings and proceedings conducted in court, as well as certain court-related

services and events, for individuals who are parties or witnesses in civil, family,

criminal and juvenile proceedings.

Counsel or the parties should submit a Request for Spoken Language

Interpreter (CC-DCA-087) to the court administrator not less than 30 days

before the proceeding for which the interpreter is requested. Uncommon

languages and dialects may require additional time to schedule an interpreter,

based on the availability of an interpreter for that language.

2. Cancellation of Interpreter

If it becomes apparent that an interpreter will not be needed on the

assigned trial or hearing date, counsel or the parties shall submit a written

notice to the court administrator no later than 48 hours prior to the scheduled

proceeding (not including legal holidays).

3. Hearings

If the event that the case requiring an interpreter is scheduled on the

same docket with other cases, the Court, counsel and parties should be

prepared to proceed with that case first, so as to allow the interpreter to

organize his or her schedule, and to minimize the expense to the court, since

interpreters are paid by the hour.

ADA ACCOMMODATIONS

1. Request for Accommodation for Person with Disability

The Maryland Judiciary provides reasonable accommodations for

persons with disabilities for hearings and proceedings conducted in court, as

well as certain court-related services and events.

Counsel or the parties should submit a Request for Accommodation for

Person with Disability (CC-DC-49) to the court administrator not less than 30

days before the proceeding for which the accommodation is requested. If

requesting a sign language interpreter, counsel or the parties should identify

the specific type of interpreter, i.e., American Sign Language (ASL), Certified

Deaf Interpreter (CDI), or Communication Access Real Time Translation (CART).

2. Cancellation of an Accommodation

If it becomes apparent that a sign language interpreter will not be needed

on the assigned trial or hearing date, counsel or t he parties shall submit a

written notice to the court administrator no later than 48 hours prior to the

scheduled proceeding (not including legal holidays).

3. Hearings

If the event that the case requiring an accommodati on or sign language

interpreter is scheduled on the same docket with ot her cases, the Court,

counsel, and parties should be prepared to proceed with that case first, so as

to allow the sign language interpreter or CART system stenographer to organize

his or her schedule, and to minimize the expense to the Court, since

interpreters and CART system stenographers are paid by the hour.

FORMS

The following forms may be required to be attached to a complaint in civil

cases, or to complete a filing and service:

CC-DCM-002 Civil Non-Domestic Case Information R eport

CC-DR-055 Affidavit of Service (Private Process)

CC-DR-056 Affidavit of Service (Certified Mail)

CC-DC-089 Request for Waiver of Prepaid Costs

The following form is used to request a change in a scheduled hearing or

trial in the circuit Court:

CC-DC-070 Motion for Postponement

Citations

1American Bar Association (ABA), Standards Relating

to Trial Courts, 1992 Edition, Section 2.50. . . . . . . . . . . . . . . . . . . 5

2Maryland Rules 7-101 through 7-116. . . . . . . . . . . . . . . . . . . . . . . 10

3Maryland Annotated Code, Courts and Judicial Proceedings

Article, Section 12-502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4Maryland Rule 7-301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

5Maryland Rules 7-102 through 7-210. . . . . . . . . . . . . . . . . . . . . . . 10

6Maryland Rule 2-436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

7Maryland Rule 2-611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

8Maryland Annotated Code, Commercial Law Article,

Section 15-802. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

9Maryland Rule 14-401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10Maryland Annotated Code, Transportation Article

Sections 8-318 through 15-208. . . . . . . . . . . . . . . . . . . . . . . . . . . 10

11Maryland Rules 15-201 through 15-208. . . . . . . . . . . . . . . . . . . . . 10

12Maryland Rules 14-201 through 14-210. . . . . . . . . . . . . . . . . . . . . 10

13Maryland Rules 15-301 through 15-312. . . . . . . . . . . . . . . . . . . . . 11

14Maryland Rule 15-601. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

15Maryland Rules 14-301 through 14-306. . . . . . . . . . . . . . . . . . . . . .11

16Maryland Rule 12-103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

17Maryland Rule 12-10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

18Maryland Rules 15-801 through 15-805. . . . . . . . . . . . . . . . . . . . . .11

19Maryland Rules 12-301 through 12-301. . . . . . . . . . . . . . . . . . . . . .11

20Maryland Rules 14-501 through 14-506 and

Maryland Annotated Code, Tax-Property Article,

Sections 14-801 through 14-854. . . . . . . . . . . . . . . . . . . . . . . . . . . .11

21A deposition that is used or intended to be used in place

of a witness’ live testimony in court is referred to as a

de bene esse deposition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

25Done by, for, or on the application of one party alone. . . . . . . . . . . . .19