St. Mary's Cnty. Cir. Ct. Civil DCM Plan (introduction)

ST. MARY’S COUNTY CIRCUIT COURT

General Civil

Differentiated Case Management Plan

September 1, 2017

TABLE OF CONTENTS

Civil Differentiated Case Management Plan

Civil Tracks

Civil Case Initiation

Civil Case Events and Assignment – Tracks 1 through 3

Tracks 2A, 2B and 3 (Civil Standard, Extended and Complex). . 13

Responsibility of ADR Practitioner

Foreclosure Case Events – Track 4

All Civil Case Tracks

Civil Assignment and Scheduling Procedures

Postponements

Authority to Grant Postponements

Interpreters

ADA Accommodations

Civil Differentiated Case Management Plan

This Civil Differentiated Case Management (DCM) Plan is established in

accordance with Maryland Rule 16-302(b) which requires the County

Administrative Judge to develop and, upon approval by the Chief Judge of the

Maryland Court of Appeals, implement and monitor a case management plan

for the prompt and efficient scheduling and disposition of cases filed in the

circuit court.

Statement of Purpose

From the commencement of litigation to its resolution, whether by trial

or settlement, any elapsed time other than reasonably required for pleadings,

discovery, and court events, is unacceptable and should be eliminated. To

enable just and efficient resolution of cases, the Court should control the pace

of litigation. A strong judicial commitment is essential to reducing delay and

once achieved, maintaining a current docket. (Standard 250, ABA Standards

Relating to Court Delay Reduction1).

It is the purpose of this DCM Plan to provide an effective case

management system that will assure:

1. Equal treatment of all litigants by the Court;

2. Timely disposition of cases consistent with circumstances of the

individual case;

3. Enhancement of the quality of the litigation process; and

4. Public confidence in the Court as an institution.

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, with the exception of foreclosure cases, all civil cases,

jury and non-jury, be concluded within 18 months (548 days) of the filing date.

Foreclosure cases are to be concluded within two years (730 days) of the filing

date. In order to achieve this goal, the Circuit Court is committed to resolving

different categories of cases within a regular and predictable time frame as

warranted by the needs of those cases. For simpler and many typical cases,

the time frame may be shorter than 18 months.

Case Management

Pursuant to Maryland Rule 16-302(b)(1)(A), the County Administrative

Judge supervises all aspects of civil case management, and is ultimately

responsible for the implementation of this DCM Plan. The County

Administrative Judge authorizes certain judges to hear various civil matters,

and makes final decisions whether, and to whom, a case gets assigned. These

duties are delegated to the assignment clerks to implement.

All judges must comply with this Plan and implement such provisions in

their rulings. Individual judges shall effectively manage cases assigned to them

through dockets or special assignment cases. The scheduling of cases must

always be coordinated with the Assignment Office. All cases should be

managed, to the extent possible, consistent with the provisions of this Plan,

including adherence to the Maryland Case Time Standards.

CIVIL TRACKS

A civil case may follow four potential tracks of resolution. The Court

designates the track at the time of filing, based on the case subtype. Tracks

define expected case processing events, the time of events, assignment, and the

expectations for case duration. The case time standard for circuit court civil

(non-foreclosure) expects that 98% of cases be disposed within 18 months

(548) days. The case time standard for foreclosure expects that 98% of cases

be disposed within 24 months (730 days).

The Court bases the expected case duration on the time needed to reach

resolution, which may be less than the case time standard. A case reaches

disposition upon entry of judgment or dismissal.

Table 1.1 – CIVIL TRACK 1

TRACK CASE SUBTYPES

CASE DURATION

TRACK 1A

Civil Expedited

A Case

Information

Report is NOT

Required

1. Administrative Agency Appeals,

2. Certiorari,

3. Confessed Judgments,

4. Contempt,

5. District Court De Novo Appeals,

6. District Court Jury Trial Prayers,

7. District Court Record Appeals,

8. Habeas Corpus, and

9. Orphans’ Court Appeals

Filing to

Disposition

9 months (273

days)

TRACK 1B

Civil Expedited

A Case

Information

Form is Required

1. Contract (non-monetary), i.e. breach of contract, due

on promissory note, and others,

2. Declaratory Judgment,

3. Foreclose Right of Redemption,

4. Forfeiture,

5. Injunction,

6. Mandamus,

7. Mechanic’s Lien,

8. Quiet Title,

9. Other Tort (non-monetary),

10. Sale In Lieu of Partition, and

11. Specific Performance

Filing to

Disposition

9 months (273 days)

TRACK 1 NOTES:

The Court ordinarily assigns an action to Tracts 1A & 1B (Civil Expedited) if it appears that, by

its nature, it can be promptly tried with minimal judicial involvement.

The Court schedules a trial or hearing on the merits of the case within approximately 4 months

(120 days) after the case is first at issue as to a ll original defendants. The case subtypes

identified in Track 1 do not require a scheduling conference and or pretrial conference.

Table 1.2 – CIVIL TRACK 2

TRACK CASE SUBTYPES CASE DURATION

TRACK 2A

Civil Standard

1. Condemnation,

2. Other Civil (monetary), and

3. Workman’s Compensation Appeals

Filing to Disposition –

12 months (365 days)

It is required that a case information report be filed with the complaint and the answer for Condemnation

and Other Civil case subtypes, and requested for Workman’s Compensation Appeals.

TRACK 2A NOTES:

All cases assigned to Track 2A (Civil Standard) are scheduled for trial approximately 9 months

(273 days) from when the case is first at issue as to all original defendants.

Discovery shall be completed 90 days prior to the scheduled trial date.

TRACK 2B

Civil Extended

1. Contract (monetary);

2. Medical Malpractice;

3. Motor Tort; and

4. Other Tort (Personal Injury).

Filing to Disposition –

18 months (547 days)

Case subtypes described directly above do require filing a case information report with the complaint and

the answer.

TRACK 2B NOTES:

All cases assigned to Track 2B (Civil Extended) are scheduled for trial approximately 11

months (335 days) from when the case is first at issue as to all original defendants.

Applicable to Track 2A & 2B

Pursuant to Maryland Rule 2-504.1, the Court conduc ts a scheduling

conference within approximately 30 days from when the case is first at issue as

to all original defendants. Motion and discovery d eadlines are established at

the scheduling conference.

Table 1.3 – CIVIL TRACK 3

TRACK

CASE SUBTYPES CASE DURATION

TRACK 3

Civil Complex

Any case subtype where the

projected trial time consists of 4

days or more.

Filing to Disposition –

16 months (487 days)

Track 3 requires filing a case information report with the complaint and the answer.

TRACK 3 NOTES:

The Court ordinarily assigns a case to Track 3 (Civ il complex) for individual judicial

management by a designated or specially assigned judge.

All cases assigned to Track 3 (Civil Complex) are s cheduled for trial within approximately 13

months (395 days) from when the case is first at issue as to one original defendant.

Pursuant to Maryland Rule 2-504.1, the Court conduc ts a scheduling conference within

approximately 30 days from when the case is first at issue as to all original defendants. Motion

and discovery deadlines are established at the scheduling conference.

Table 1.4 – CIVIL TRACK 4

TRACK

CASE SUBTYPES CASE DURATION

TRACK 4

Foreclosure

Foreclosure cases

Filing to Disposition – 24 months

(730 days)

Track Designation

Track designations are automatically set at the fi ling of the case in

accordance with the information provided on the Civ il-Non-Domestic Case

Information Report (CC-DCM-002).

The DCM coordinator will assign all civil cases, a s described within the

DCM Plan, to one of four tracks. In the event a party or counsel disagrees with

the designated track assignment, the party or couns el may submit a written

request which states the reason(s) to change the track assignment. The parties

or counsel shall send the requests to change the tr ack designation to the

attention of the DCM coordinator and all other parties within 30 days of filing

the complaint (by the plaintiff), or 30 days of filing an answer (for the

defendant). Counsel or self-represented litigants may file a written response

within 15 days from the issuance of the notice, indicating whether they concur

with the request to change the track assignment. If counsel/parties cannot

reach an agreement on a track assignment, the County Administrative Judge

shall make the final decision on the designations.

Miscellaneous Provisions Applicable to all Tracks

The filing of amended complaints, counter-complaints, cross-claims,

third-party claims, and/or the joinder of additional parties shall not change a

scheduling order, except upon motion, for good cause shown.

If any date by which an action is due under this Plan falls on a weekend,

legal holiday, or unanticipated closing of the Circuit Court by Order of the

Administrative Judge, the date to complete such action will extend to the next

business day.

CASE INITIATION

To file a civil case, a litigant must follow these steps: