Washington Cnty. Cir. Ct. DCM Plan 2.5

NORMAL: after docketing, the file forwarded to Motions Judge for show cause order

EMERGENCY: counsel contacts judge directly to schedule

UNIFORM CUSTODY (REGISTRATION OF FOREIGN ORDER):

Monitored by the clerks’ office:

• After 25 days and proof of service, or upon receipt of consent answer; file

forwarded to judge for registration order

• Upon receipt of contested answer, file is forwarded to the Assignment Office

for a hearing within five weeks

• If no proof of service after 25 days, matter to be monitored for lack of

jurisdiction pursuant to Md. Rule 2-507

Section 3: Civil Non-Domestic

Unless otherwise addressed, upon receipt of answer(s):

• Clerk forwards file to Administrative Judge for review

• Administrative Judge forwards to Assignment Office for Scheduling Conference,

set within 120 days

• All counsel to attend Scheduling Conference with trial calendars (out-of-town

counsel may request to participate by telephone):

1. To establish:

 Pre-Trial/Settlement Conference, 30-45 days prior to trial

 Bench/Jury Trial, approximately 180 days from the date of the

Scheduling Conference

2. To establish discovery deadlines

3. To set mediation

4. To evaluate case from the perspective of both sides to determine an

estimate of time needed for Bench/Jury Trial

• The court to issue Scheduling Order

Section 4: Judicial Review Cases

ADMINISTRATIVE AGENCY APPEALS: All administrative agency appeals, except for

Workers’ Compensation, shall be tracked as follows:

• File sent to the Assignment Office upon receipt of the agency record

• Hearing set:

o Normally, 90 days from receipt of record

o Complex issues, Scheduling Conference may be set

o No Pre-trial Conference unless specifically requested

WORKERS’ COMPENSATION: Per Md. Rule 7-202(c)(1)(d), “if the review sought is of a

decision of the Workers' Compensation Commission, state whether any issue is to be

reviewed on the record before the Commission and, if it is, identify the issue”. These case

shall be tracked as follows:

RECORD APPEALS:

• File sent to the Assignment Office upon receipt of the agency record

• Hearing set:

o Normally, 180 days from receipt of record

o Complex issues, Scheduling Conference may be set

o No Pre-trial Conference unless specifically requested

DE NOVO APPEALS:

• File sent to the Assignment Office after response(s) received

• Hearing set:

o Normally, within 180 days

o Complex issues, Scheduling Conference may be set

o No Pre-trial Conference unless specifically requested

DISTRICT COURT APPEALS: All appeals from the District Court are sent to the Assignment

Office upon receipt and scheduled as follows:

RECORD APPEALS: scheduled within 180 days from receipt

DE NOVO APPEALS: scheduled within 60 days from receipt

Section 5: Juvenile

DETENTION HEARINGS are heard on the next business day following the juvenile being

detained.

ADJUDICATION HEARINGS are scheduled for hearing within 30-45 days of the filing of the

Petition.

DISPOSITION HEARINGS are heard at the same time as with the Adjudication or Violation

of Probation Hearing. If not heard at the same time as the Adjudication or Violation of

Probation Hearing, the Disposition Hearing is scheduled in open court by the judge.

VIOLATION OF PROBATION HEARINGS are scheduled by the court upon the signing of the

Show Cause Order and are heard within 30 days.

REVIEW HEARINGS are scheduled by the court upon the approval of the court and in

collaboration with the clerk’s office, State’s Attorney’s Office and the Department of

Juvenile Services and are heard within 30 days.

JUVENILE DRUG COURT HEARINGS are held twice per month on the second and fourth

Mondays.

5.1 Child Welfare

CINA REVIEWS are scheduled every six months.

CINA ADJUDICATIONS are scheduled when the Petitions are filed and are heard within 60

days.

CINA SHELTERS are heard within 24 hours of the filing of the Petition or the removal of the

child.

DISPOSITION HEARINGS are heard with the Adjudication Hearing. If not heard at that time,

the Disposition Hearings are scheduled in open court by the judge.

JUVENILE GUARDIANSHIPS are heard within 90 days from date of filing.

GUARDIANSHIP REVIEWS are heard every six months.

Section 6: Criminal

INITIAL APPEARANCES for defendants who are incarcerated locally or who are not in

custody are scheduled within six weeks of the filing of a criminal information, grand jury

indictment or jury trial prayer from District Court. Defendants who are incarcerated

outside the county or with DOC are scheduled within six weeks of criminal information

being filed, grand jury indictment or jury trial prayer from District Court.

MISDEMEANOR TRIALS are scheduled to be heard eight weeks after the initial appearance

or entry of appearance by counsel.

FELONY TRIALS are heard within 12 weeks after the initial appearance date or entry of

appearance by counsel. Suppression Hearings on felony cases are scheduled eight weeks

from the initial appearance.

VIOLATION OF PROBATION HEARINGS are heard within 12 weeks from receipt of a copy of

the served VOP warrant or subpoena from the clerk’s office.

POST CONVICTIONS AND CORAM NOBIS Hearings are scheduled no later than 12 months

from filing.

ASSIGNMENT OF TRIAL JUDGE

The trial judge for all case types is assigned by the Administrative Judge. Consideration is

given to those cases in which a specific judge must hear a case(s). Most judicial assignments

are made 90 days prior to trial date. Cases that are judge specific have the designation

made at the time of scheduling.

POSTPONEMENTS

The Circuit Court for Washington County has a strict postponement policy applicable to all

case types. All trial dates are considered firm when assigned. Postponements are

considered on a case by case basis and are granted only for good cause as follows:

CIVIL: domestic and non-domestic alike, the following criteria applies:

• Hearing date less than 18 days from filing – file presented to Administrative

Judge, or designee, for ruling

• Hearing date greater than 18 days from filing – file placed on shelf and pulled for

ruling:

o At the expiration of 18 days

o Answer(s) filed by opposing party(s)

STATUS CONFERENCES

Status Conferences are scheduled for every case type on an as-needed basis. That

determination is made by either the trial judge or the Administrative Judge.

THIS DIFFERENTIATED CASE MANAGEMENT PLAN IS HEREBY APPROVED AND

ADOPTED THIS 1st DAY OF MARCH, 2017.

Daniel P. Dwyer

Administrative Judge