Worcester Cnty. Cir. Ct. Civil DCM Plan 20

Track 2 1. Condemnation Answer + 210 days = 240

Civil Standard 2. Contract (discovery) days

Cases 3. Fraud and Misrepresentation

4. Intentional Tort (discovery)

5. Motor Tort (discovery)

6. Other Tort (discovery)

7. Personal Injury (discovery)

8. Worker's Compensation

9. Business and Technology (expedited)

10. Science and Technology ASTAR (expedited)

11. Other Civil Cases (discovery)

Track 3 1. Medical Malpractice 480 days

Civil Complex 2. Legal Malpractice

Cases 3. Mass Tort

4. Lead Paint

5. Business and Technology (complex)

6. Science and Technology ASTAR (standard)

7. Contract (major construction)

8. Major Product Liability

9. Toxic Tort Claims (designated)

10. Class Actions Suits or other Complex Cases

Track 4 Foreclosure cases 730 days

Foreclosure

Cases

Case Events

Case Initiation

The following steps are required to file a civil case:

(a) File a complaint, attaching a completed Case Information Form or required E-Filing in

the case of an Attorney.

(b) Pay the filing fee-Filing fees may be waived by the court, based on the following

conditions:

 Filing by the plaintiff of the Request for Waiver of Prepaid Costs ;and/or

 Representation by a civil legal aid lawyer; and/or

 Other determination by the court.

If the Court does not grant the request to waive prepaid costs, the plaintiff has 10 days to pay

the filing and other required fees (prepaid costs).

(c) Notify the other party (defendant). The plaintiff is required to attempt to notify the

defendant that a complaint (lawsuit) has been filed against the defendant. The clerk will

issue a summons to officially notify the defendant that a suit has been filed (Md. Rule 2-

112). The summons has a 60-day time limit to serve the defendant. After the time limit

has expired, the summons is no longer valid, unless renewed by request of the plaintiff.

The following documents must be delivered to the defendant: original complaint,

summons, and Case Information Form. There are three legal ways to deliver these

documents to the defendant: 1) Certified Mail, 2) Private Process; and 3) Sheriff.

(d) Proof of Service. The Court requires that the plaintiff fill out an Affidavit of Service of

Process form to prove that the other side has been notified, or served. If the Court does

not receive proof of service within the time allotted for the defendant to file an Answer,

the plaintiff may not be able to present their case on the trial date.

(e) Lack of Jurisdiction. Between the filing of the complaint and service, the Court may

dismiss cases for lack of jurisdiction. If the defendant has not been served after 120

days, the Clerk’s Office sends notices to the parties that they have 30 days to file a

motion to vacate or defer the Order of Dismissal, or the case will be dismissed without

prejudice. Forty-five days after the Clerk’s notice is sent out, the Clerk’s Office reviews

the case, and it is presented to a judge who signs an Order dismissing the case. An event

entry is made that the case is dismissed for lack of jurisdiction. A copy of the Order is

mailed to all parties.

Answer

The defendant must file an Answer, within 30 days for instate, 60 days for out-of-state

and 90 days for out-of-country after they have received a summons, for most Circuit Court civil

case subtypes.

Lack of Prosecution. Following service, the Court actively dismisses cases for lack of

prosecution after one year. Following service, if an answer has not been filed or, your answer

has been filed but no other action has been taken on the case after one year, the Clerk’s Office

sends a Notice of Contemplated Dismissal to the parties that they have 30 days to file a motion

to vacate or defer the order of dismissal, or the case will be dismissed without prejudice. Forty-five days after the Clerk’s notice is sent out, if no motion or pleading is filed, the Clerk’s Office

reviews and dismisses the case. An event entry is made that the case is dismissed without

prejudice for lack of prosecution.

Assignment

A judge will be assigned to the case for the trial at the filing of the Answer. The trial

judge will be the designated judge for the motions hearings. The trial judge will not be the

designated facilitator for a settlement conference.

Alternative Dispute Resolution

Forms of alternative dispute resolution (ADR) are informal, formal, and court-sponsored

or self-initiated. In accordance with Title 17 of the Maryland Rules of Procedure, the Court has

adopted an Alternative Dispute Resolution Plan (ADR) which is incorporated herein as part of

this Civil DCM Plan. It is the goal of this Plan that every case be considered for ADR and that

ADR occur as early in the process as possible.

Pretrial Settlement Conference

A Pretrial Settlement Conference shall be conducted in accordance with Md. Rule 2-504.2, on

Tracks 2 and 3 cases and on Track 1 District Court appeals. The purpose of the pretrial conference is to

reach a settlement on a case, or to confirm that a case is ready to go to trial. Counsel or the parties shall

be directed to prepare and file, no later than five business days prior to the Pretrial Settlement

Conference, a written statement, in accordance with Md. Rule 2-504.2. All parties and their counsel

must be prepared to discuss all aspects of the case in anticipation of settlement. The settlement Judge

will not be the same judge as the trial judge, unless requested by both parties.

Trial

Trials, and all court proceedings, are set on a date certain by Scheduling Order when the

answer is filed. The Worcester County Circuit Court will permit only one postponement of the

trial date for possible settlement. At trial, both parties should be prepared to present

witnesses, evidence or exhibits to prove or defend a claim. If the trial date is postponed for

good cause, a new trial date will be rescheduled within 30 days on the calendar of the originally

assigned trial judge.

The trial judge will preside over the trial and any subsequent re-scheduled trial dates. A

substitute trial judge may be designated for the following reasons:

a) Illness or other unforeseen absence on the trial date;

b) Backup where the trial judge is continuing an ongoing trial;

c) By designation of the administrative judge; or

d) Earlier availability of another court room.

Judgment

The judgment is entered by the Clerk’s Office following a trial, usually the same day. Types of

judgments include: judgment, consent judgment, confessed judgment, and summary judgment.

Post-Judgment

The parties have 10 days to file a motion to alter or amend a judgment (Md. Rule 2-534); and 30

days to file an appeal. On appeal, a Circuit Court case will be reviewed in the Court of Special Appeals.

Enforcement

After the Court issues a judgment and it is entered into the record by the Clerk’s Office, 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 will have to complete and file

more forms with the Court, pay the required filing fees and appear in court for additional hearings

Policies and Other Procedures

The administrative judge shall designate judges of this bench to handle the

responsibility for various matt ers r equired for the efficient management of this Plan.

Postponements

Except

as provided below, requests for the postponement of any civil proceeding shall

be ma

de by motion pursuant to Md. Rules 2-50 8 and 2- 311. These requests will be considered,

in accordance wi th the provisions of this Plan. The First Judicial Circuit has a complete

Postponement Policy Listed on the Court’s website.

Status Conference Postponements

Requests for postponement of a Status Conference will be reasonably granted, and an

effort made to reset the matter within 30 day s of the original conference date. Counsel or

parties wishing to reset a Status Conference should contact the assi gnment o ffice.

Interpreters

If any party becomes aware of the need for an interpreter for any party or witness, the

party shall pro mptly no tify the Court through the Clerk’s Office by using the Request for

Interpreter Form, at least 30 days prior to the court date. A delay in notifying the Court of the

need for an interpreter may result in the inability to handle a case on the scheduled date.

Requests for interpreters must be specific as to the language and, if appropriate, the particular

dialect that may be needed. The request mus t a lso spe cify fo r whom the interpreter is needed.

The party requesting an interpreter shall remain responsible for confirming that an

interpreter has been ordered and shall notify the Court immediately if the need for the

interpreter changes. The int erpreter will submit an invoice for approval. Once approved, the

assignment office is responsible for submitting the invoice to the Administrative Office of the

Courts.

If a request for interpreter is not ca ncelled at least 48 h ours in advance of the tri al o r

hearing, the Court will be billed for the interpreter’s services. If the Court is billed for an

interpreter needlessly as a result of counsel’s failure to advise the Court that the interpreter will

not be needed, or because counsel or a litigant does not appear in Court in a timely fashion,

the Court may assess the interpreter costs against the party or counsel causing the

unnecessary expense.

Remote Hearings

Pursuant to the Maryland Court Rules, Title 21, Remote Electronic Participation in

Judicial Proceedings, remote hearings are conducted at the discretion of the presiding judge.

Requests for remote hearings must be submitted in writing.