St. Mary's Cnty. Cir. Ct. Family Law DCM Plan 11

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.

1. Time for Completing ADR

Mediation sessions must be completed prior to the next scheduled

hearing date.

2. Location of ADR

Unless otherwise agreed upon by all parties or authorized by the Court,

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.

Discovery

Procedural and discovery motions as well as any dispositive motions

must be filed up to 30 days prior to the pretrial conference. Family motions

are normally assigned to the family magistrate.

Pre-Trial Conference

At the pretrial conference, the magistrate will determine which issues

remain contested, the number of witnesses expected on each side, whether

discovery issues have been resolved, determine if investigations have been

completed, evaluate the feasibility of additional mediation sessions, and

determine the length of time needed for the hearing. If the parties agree to

have their case heard by the family magistrate, a merits hearing shall be

scheduled at that time. If the parties request and are entitled to have their

case heard by a judge, another pretrial conference and a merits hearing will be

set before a judge. Also, cases with an estimated duration in excess of three

hours are to be heard by a judge.

Final Merits Hearing/Trial

At the merits hearing, both parties must be prepared to present evidence

and call witnesses to testify in support of the action they wish the court to

take.

Exceptions to a Magistrate’s Findings and Recommendations

For any family law case heard by a family magistrate, the parties may file

exceptions within 10 days after recommendations are placed on the record by

the magistrate. Exceptions shall be in writing and shall set forth the asserted

error with particularity. Within that period or within 10 days after service of

the first exceptions filed, whichever is later, any other party may file

exceptions. The party filing exceptions must order a transcript or otherwise

comply with Maryland Rule 9-208(g).

Exceptions to a magistrate’s findings and recommendations will be

forwarded to a judge. Upon compliance with the requirements of Maryland

Rule 9-208, the case will be set for a hearing before a judge.

Ordering Transcripts

An individual requesting a transcript or audio recording of any court

proceeding should complete the Transcript Request Form, which is available

on-line or in the Clerk’s Office, and send it to the court administrator. The

court administrator will disseminate the form to the court

reporter/stenographer who will contact the requestor directly with a cost

estimate for the completed transcript and/or audio CD.

Post Judgment Hearings

Motions for modification and petitions for contempt in family law cases

are reviewed by judge’s chambers and may be set before a judge or a family

magistrate.

Request for Emergency Relief

An emergency/ex parte hearing may be scheduled in the event it is

alleged that an immediate substantial injury will result to the parties’ child(ren)

before a regularly scheduled court event can be held. The following are the

procedures for filing or processing a request for emergency relief for a family

law matter:

1. The petitioner shall attempt to notify the opposing

party/attorney;

2. The petitioner shall file the petition for emergency

relief with the Clerk’s Office, and include a statement

outlining the attempts to notify the opposing party,

and the results thereof;

3. The Clerk’s Office will notify the Assignment Office of the

filing and the file will be reviewed by the first available

judge’s law clerk to determine if it meets the criteria of

a true emergency; and

4. If a true emergency is determined to exists, the case

will be set before a judge within 48 hours if possible,

and the petitioner shall notify the opposing party/counsel

of the hearing date and time, and file an Affidavit

indicating what steps were taken to notify them thereof.

Following a hearing on the emergency/ex parte petition, the Court will

schedule the matter for a scheduling conference before the family magistrate at

the next available date.

If the Court determines that the petition does not meet the criteria of a

true emergency, then the petition will be marked “not an emergency” and will

proceed in the normal course.

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

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

Temporary and Final Protective Orders

If a Temporary Protective Order is granted by a judge, a final protective

order hearing shall be set within 7 days. Continuances may be granted if

agreed by the parties or required to obtain a DSS report. Petitioners for

temporary protective orders must file their completed petition so as to have it

ready to proceed in court no later than 4:00 p.m. In the event the petitioner

cannot complete the paperwork and be ready for a hearing by 4:00 p.m., the

petitioner will be referred to the District Court Commissioner’s Office.

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.

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 family magistrate or the judge assigned to a case shall

consider requests to postpone a trial, consistent with the case time

standards. The Assignment Office must clear dates for the

rescheduling of all cases.

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-DCA87) 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 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 accommodation or sign language

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 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

family cases, or to complete a filing and service:

CC-DCM-004 Civil Domestic Case Information Report

CC-DR-055 Affidavit of Service of (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

Citation

1American Bar Association (ABA), Standards Relating

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