St. Mary's Cnty. Cir. Ct. Family Law 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 the case 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.

FAMILY CASE MANAGEMENT AND EVENTS

Family Case Management

A case is considered at issue when an answer is filed, or when an order

of default has been entered. Once a case is at issue, it is forwarded to the

Assignment Office for the scheduling of a Scheduling Conference or a merits

hearing, depending on the type of case.

Scheduling Conferences

A scheduling conference is scheduled for all contested family law cases

before the family magistrate within 30 days of the filing of the answer. Cases

that appear uncontested or where an order of default is entered will be

scheduled for a merits hearing.

At the scheduling conference, a pretrial conference will be set, and the

parties will be referred to and ordered to complete the appropriate programs

and/or ADR.

The goals of a scheduling conference include the following:

1. Establish track assignments;

2. Determine the contested issues in each case;

3. Determine the need for mediation, investigations, counseling or

any other support related services; and

4. Screen high conflict family cases so that the parties and children

can be identified for services as early as possible; and

Pendente Lite Hearings

Pendente lite (pre-judgment) hearings are scheduled for no more than

three hours and will be heard by the family magistrate.

Family Services

Family Services includes programs designed to facilitate conflict

resolution and improve outcomes in family cases. Some family services

programs are mandatory and will be ordered by the Court. Other services

and programs are discretionary by referral of the Court, or may be requested by

either or both parties. The Director of Family Programs is responsible for

managing existing family services, implementing new programs, and identifying

community resources beneficial to families involved in a family case. Some

family services offered include:

1. Co-parenting classes;

2. Intensive service parenting workshop (high conflict parenting

classes);

3. Supervised visitation, monitored exchange, and parenting

coordination;

4. Mediation and intensive services mediation;

5. Family support services;

6. Child access investigations;

7. Psychiatric evaluations;