CIRCUIT COURT FOR CECIL COUNTY, MARYLAND DIFFERENTIATED CASE MANAGEMENT PLAN

Transcription

1 CRCUT COURT FOR CECL COUNTY, MARYLAND DFFERENTATED CASE MANAGEMENT PLAN PART GENERAL PROVSONS APPLCABLE TO ALL Page N. CASES, NCLUDNG POSTPONEMENT POLCY 1. Statement f Purpse and ntrductin 3 2. Pstpnement Plicy 4 3. Requests fr Expedited Scheduling 8 4. Recnsideratin Review Hearings and Clsed Cases Assignment f Cases and Transfers Between Judges ASTAR Deplyment Plan Cmpliance with Pleading Requirements Timeliness f Preparatin and Appearance at Scheduled 16 Hearings and Trials Appendix A: FY2008 Maryland Circuit Curts Time Standards Appendix B: Curt f Appeals Revised Administrative Order Fr Cntinuances Fr Cnflicting Case Assignments r Legislative Duties PART CVL NON-DOMESTC 1. General nfrmatin Scheduling Cnferences Alternative Dispute Reslutin Settlement Cnference Merits Trial Pstpnements Mtins Sanctins 23 PART CVL - DOMESTC 1. General nfrmatin Scheduling Cnference Requests fr nvestigatins and Evaluatins Alternative Dispute Reslutin Settlement Cnference Merits Hearings Pstpnements Pendente Lite Relief Expedited Relief Sanctins 33 "Revised March 19, 2010" 1

2 PART V CHLD SUPPORT 1. General nfrmatin Establishment f Paternity/Establishment and Mdificatin f a Child Supprt Award Civil and Criminal Enfrcement f Child Supprt Awards Pstpnements Review Hearings and Repening Clsed Cases 35 PART V JUVENLE 1. General nfrmatin Emergency Matters Juvenile Delinquency CNA Pstpnements 37 PART V CRMNAL 1. General nfrmatin Appearance f Cunsel Scheduling Mtins, Pre-Trial and Trial Dates Pre-Trial Cnferences Trials Pstpnements Open Case Reprt 41 PART V ADMNSTRATVE ORDER 43 Revised March 19,

3 PART GENERAL PROVSONS APPLCABLE TO ALL CASES 1. Purpse and ntrductin Statement f Purpse t is the purpse f this Case Management Plan, which was develped in accrdance with Rule (b), t prvide an effective case management system which will assure: Equal treatment f all litigants by the Curt Timely dispsitin cnsistent with the circumstances f the individual case and in cmpliance with the Time Standards adpted by the Judicial Cuncil, and prmulgated by the Curt f Appeals. Enhancement f the quality f the litigatin prcess; and Public cnfidence in the Curt as an institutin. Frm the cmmencement f litigatin t its reslutin, whether by trial r settlement, it is the gal f this Curt t reduce delay and enable just and efficient reslutin f cases, with the Curt, nt the lawyers r litigants, cntrlling the pace f litigatin. The Curt f Appeals has ablished lcal rules. This Curt is gverned by the Maryland Rules f Prcedure prmulgated by the Curt f Appeals and by the Maryland Circuit Curts Time Perfrmance Standards, a cpy f which is attached heret. We will nt d anything which is nt authrized by the rules; we will nt fail t d anything which is required by the rules; and we will cmply with the Maryland Circuit Curts Time Perfrmance Standards. The Maryland Circuit Curts Time Perfrmance Standards are mandatry standards fr the time it shuld take a circuit curt t handle, frm filing t final dispsitin, the varius cases which are filed in this Curt. The standards are nt guidelines, they are mandatry and binding n the Curt. A cpy f the Standards is attached heret as Appendix A. 3

4 2. Pstpnement Plicy This plicy reflects Maryland Judicial Cuncil s definitins, as fllws: Pstpnement a prceeding that was nt held and is being rescheduled, and Cntinuance a prceeding that has begun and is extended fr additinal day(s). The purpse f this plicy is t prmte timely dispsitin and the avidance f unnecessary delays f cases in the Circuit Curt fr Cecil Cunty in accrdance with the Maryland Anntated Cde and the Maryland Rules f Prcedure. Pstpnement f any previusly set curt date greatly increases the challenge t the curt in managing its cases expeditiusly. t has a rippling effect n the curt staff, plice agencies, assignment f judicial time, and allcatin f resurces generally. All dates, nce set, are imprtant dates. Trial dates which take the case beynd the Maryland Time Perfrmance Standards are vilatins by the curt f the Standards. Pstpnements will be granted nly fr substantial, unfreseen and unfreseeable reasns which reasns make the pssibility f a fair trial remte r nn- existent. n cnsideratin f all pstpnement requests, the Curt shall carefully apply all relevant sectins f the Maryland Anntated Cde and the Maryland Rules f Prcedure, review pssible effects f a pstpnement n the parties and witnesses, and evaluate future scheduling issues. The Curt will meet the Maryland Circuit Curt Time Standards fr prcessing cases (cpy attached). This will require a strict and unifrmly applied pstpnement plicy. Attrneys are expected t knw their schedules prir t entering their appearance in any case. Requirements fr Litigants in Making a Request fr Pstpnement Requests fr pstpnements shall be made as sn as cunsel/party is aware that a reasn fr pstpnement exists. Requests, except thse invlving an emergency, shall be made within ten (10) days f the receipt f the Assignment ntice. Requests made prir t the hearing r trial date shall be made in writing, nting a cpy has been frwarded t all cunsel/parties. Requests shall include a statement that indicates the ppsing party s/parties psitin n the request fr pstpnement. Requests fr pstpnements made by cunsel as a result f a cnflicting curt date shall be accmpanied by a cpy f the assignment ntice f the cnflicting 4

5 case. A cnflicting case scheduled subsequently t the scheduling in Cecil Cunty will nt be a basis fr pstpnement. (See Curt f Appeals Administrative Order by then Chief Judge Murphy) Unless impssible due t emergency, requests shall include an alternate date agreed upn by the parties and the Assignment Office which is within the applicable Maryland Circuit Curt Time Perfrmance Standards, a cpy f which is attached. N request fr pstpnement which des nt include the alternate date will be successful. Requests fr pstpnement which include the alternate date will nt, by that fact alne, be successful; the reasn(s) fr the pstpnement must still meet the ther criteria set frth herein. Requests t reschedule a curt date t a date sner than the riginal date will usually be granted. On its wn initiative, r if all parties are nt in agreement t the pstpnement and/r dates fr rescheduling the case, the Curt may act upn the request withut a hearing r issue an rder requiring the parties t attend a scheduling cnference. N pstpnement requests in criminal cases shall be granted except by the Cunty Administrative Judge r his/her designee, pursuant t specific written designatin. N pstpnement requests in civil cases shall be granted except by the Cunty Administrative Judge unless pursuant t specific written authrizatin issued by the Administrative Judge. All pstpnement requests will be cnsidered in accrdance with Rule in civil matters, as justice may require, Rule b. and in juvenile matters, r Rule in criminal causes, fr gd cause shwn. The Curt will als apply the Administrative Order Fr Cntinuances fr Cnflicting Case Assignment r Legislative Duties f the Curt f Appeals, a cpy f that Administrative Order is attached heret as Appendix B. Any trial Judge r Master, including a visiting Judge, has the authrity t deny a pstpnement. Only the Administrative Judge has the authrity t grant ne in any case, criminal, civil, r juvenile, except pursuant t specific, advance, written authrizatin 5

6 issued by the Administrative Judge, t grant pstpnements. Trial Judges and Masters have authrity t deny a cntinuance and limited authrity t grant ne. Cases which start but d nt finish as scheduled shuld be cntinued by the trial Judge r Master t the next trial day and frm day t day thereafter until cmpleted unless impssible because f the unavailability f the trial Judge r Master r the specific, substantial reasn fr the cntinuance. The next days dckets d nt create unavailability, with ne exceptin. Where a case cmmenced n a Wednesday befre a Judge des nt finish it will be cntinued t Friday s that all Judges are available fr Thursday jury prayer dckets. As sn as the trial Judge r Master knws the case will carry ver, he r she will ntify the Assignment Office s that planning fr the next days dcket can cmmence as sn as pssible. Where a cntinuance is granted fr a specific, substantial reasn ther than nt finishing, it must be cntinued t a date certain, apprved by all cunsel and Assignment and expressed in a written rder, signed by the Judge, which date will permit the case t cnclude within the riginal Time Perfrmance Standard fr that case. The parties have ample pre-trial time t cnduct discvery, investigate and prepare their cases, including selectin f expert and lay witnesses. Ding additinal discvery and/r investigatins is nt a reasn fr cntinuance. Only the Administrative Judge has the authrity t grant a cntinuance fr any reasn ther than carry ver if the case is already utside the applicable time standard r the cntinuance will cause the case t cnclude beynd the time standard. The Judge granting the cntinuance will cmmunicate with judges in ther cases as necessary t deal with cnflicts. Where a carried ver case creates a cnflict with a 6

7 case scheduled fr trial in the District Curt in Cecil Cunty, the Circuit Curt judge will cmmunicate with the District Curt judge t reach an accmmdatin which creates the least incnvenience fr the parties and witnesses invlved in the tw cases. n CNA/TPR/Adptin cases, every effrt will be made t cntinue the matter t the next day the curt is in sessin and have it remain n the dcket until the matter is cncluded. The nly exceptin is a case that is cntinued pending the receipt f additinal evidence. n such a case, the matter shall be rescheduled as sn as pssible. f cntinuing the case t the next day curt is in sessin is nt pssible, it shall be cntinued t the next earliest pssible date, keeping the timelines in mind s as nt t exceed the required federal and state statutry timelines. N pstpnement will be granted in a juvenile adjudicatry hearing where a child is detained r sheltered except under extrardinary circumstances and as justice s requires. Attrneys are expected t knw their schedules prir t entering their appearance; n pstpnement f an adjudicatin hearing where a child is in detentin r shelter care will be granted due t cnflict f an attrney s schedule. All ther juvenile pstpnement requests shall be handled in accrdance with the abve plicy. Requests fr pstpnement which wuld take the trial date beynd the Maryland Time Perfrmance Standard will generally be denied. Pstpnements will nt be granted fr failures f discvery, vacatin r training plans made after the trial date was set r nt made knwn t the Curt when the trial date was set, cnflicts with ther cases set after the trial date was scheduled, and/r last minute entry f appearance by cunsel which creates a cnflict with a previusly set case in this r anther jurisdictin. 7

8 There will be n indefinite pstpnements f any case. f and when a pstpnement is granted, the judge granting the pstpnement shall sign an rder setting the new date. f the need fr the pstpnement r cntinuance arises in pen curt r, because f emergency circumstances, an apprved alternate date culd nt be prvided in the request fr pstpnement r cntinuance, the Curt shall direct the parties t get a new trial date frm the Assignment Office befre leaving the Curthuse r, if, because f the emergency ne f the attrneys is nt present, within 48 hurs. The pstpning judge shall sign an rder setting the new date within 72 hurs. 3. Requests fr Expedited Scheduling Emergency hearings are nt explicitly cntemplated by the Maryland Rules, and this Curt will nt hld Emergency Hearings. The Rules d hwever explicitly cntemplate expedited scheduling in certain kinds f cases. Prcedures, including ntice and an pprtunity t be heard, fr cnducting such expedited prceedings, are spelled ut in the Rules. Fur examples, nt intended t be exclusive, are dmestic vilence, allegatins f child abuse r neglect, requests fr ex parte actin, including Temprary Restraining Orders, and Family Law, Sectin , each f which has its wn statute, its wn scheduling track, and its wn rules. Where dmestic vilence is alleged. f expedited scheduling is required r requested a dmestic vilence petitin is what shuld be filed and the dmestic vilence prcedure is the prcedure that will be fllwed. Allegatins f child abuse and/r neglect. The legislature has created and funded an rganizatin, the Department f Scial Services, with the resurces and the legal mandate t cnduct an immediate investigatin f allegatins f child abuse r neglect. 8

9 There is a statute and accmpanying rules prviding fr shelter care hearings n very shrt ntice fllwed by ntice and apprpriate due prcess. Upn receiving a cmplaint alleging child abuse r neglect, the Department f Scial Services is mandated t emply its staff, which nw includes prsecutrs and law enfrcement fficers, t cnduct immediately an investigatin int the safety f the child, and the agency has the authrity immediately t take custdy f the child t assure the child s safety befre a hearing the next day a judge is available. The curt has neither the staff nr the authrity t d thse things which are mandated t the Department f Scial Services. Where child abuse and neglect is alleged, the apprpriate channel, if expedited handling and investigatin is required r requested, is t make a cmplaint t the Department f Scial Services fr investigatin. Ex Parte actins. Maryland Statutes and Rules prvide, in a situatin where an immediate and irreparable harm is likely t result unless the curt intervenes immediately, that the party seeking assistance can file a pleading requesting ex parte actin. This is an extrardinary and seldm used and/r granted actin. t requires, in rder fr the curt t entertain the request, amng ther things, an affidavit under ath under Rule The pleading must als be under ath and must set frth the reasn that immediate, substantial, and irreparable harm will result if the curt des nt act immediately. Family Law Article Sectin Petitin fr Enfrcement under Unifrm Child Custdy Jurisdictin and Enfrcement Act. This sectin prvides fr enfrcement f an existing rder under the UCCJEA, and prvides fr special pleading requirements and expedited scheduling. n a UCCJEA 9

10 case, where the apprpriate pleading is filed, the Curt will fllw the mandate f the statute. Given these prvisins and thers f the Maryland Rules and Statutes this Curt will nt act precipitusly n ne-sided pleadings nt filed under ath, nt cmplying with the ntice requirements f the rules and nt setting frth the harm which will result if the curt des nt act right away. The Curt will nt hld emergency hearings and the frms fr requesting such a hearing have been remved frm the Clerk s Office and are n lnger disseminated t the public. What the curt will d, when the request is made fr expedited scheduling ther than as set frth abve, is set an expedited pendente lite hearing fllwing ntice t the adverse party and an pprtunity t respnd in writing, r an expedited status/scheduling cnference. 4. Recnsideratin Nne f the judges f the circuit curt, including the administrative judge, has any authrity t verrule a substantive decisin f anther circuit curt judge. Requests fr recnsideratin must be addressed t the judge wh made the riginal decisin and will be frwarded t that judge fr actin n the recnsideratin. The nly exceptins t this, as decided by the administrative judge, shall be unavailability f the riginal judge due t illness, death, retirement r prlnged absence between visits by a visiting judge. Habeas crpus requests must be filed n apprpriate pleadings requesting habeas crpus relief and must be frwarded t the administrative judge fr assignment t a judge t decide the habeas crpus, pursuant t Md. Rule et seq. 10

11 5. Review Hearings and Clsed Cases Certain specific cases require review hearings at intervals as specified by statute r rule, fr example, the CNA statute and TPR cases, which spell ut when review hearings shall be heard. Because ther cases cannt be cnsidered clsed and are nt appealable until they are final, and they are nt final if a review hearing has autmatically been scheduled, there shall be n autmatic review hearings in family law r ther cases unless mandated by statute r rule, as in CNA and TPR. While it is true that this Curt retains jurisdictin t cnsider change in custdy, visitatin and/r supprt, it is als true that such a change shuld ccur nly where there has been a substantial change in material circumstance since the riginal adjudicatin. Therefre, in rder t repen a clsed family law r ther case the party requesting repening and a change must include specific allegatins f change in material circumstance; r, fr a civil judgment, fraud, mistake r irregularity. See Rules and Assignment f Cases t Judges and Transfers Between Judges All cases will be assigned t a judge by the assignment ffice under the supervisin and guidance f the administrative judge. n rare cases, fr specific and articulable reasns, the administrative judge may make a special assignment but, generally, assignments shall be made at randm with a view tward equalizatin f wrklad t the extent pssible. Once a case has been assigned t a judge, including visiting judges, that case may nt be mved t anther judge withut the express request r cnsent f the judge t whm it was riginally assigned. Prvided that in case f illness, death r prlnged absence f the riginally assigned judge, the case may be 11

12 assigned t anther judge t assure timeliness f dispsitin. Every effrt will be made t achieve ne case ne judge but timeliness will take pririty if necessary in the pinin f the Administrative Judge. Judges wh finish their dckets early shall ntify the Assignment Office and ther judges t ffer assistance in reaching all cases n all dckets in a timely manner. Judges wh see that they will nt finish their dcket n a given day shuld ask fr help in shifting cases as necessary t the first available judge. 6.1 ASTAR Deplyment Plan 1. Case nfrmatin Sheet: As in all civil cases, pursuant t Md. Rule 2-111, the plaintiff must file with the cmplaint an nfrmatin Reprt. f a party wishes t have a case assigned t an ASTAR Trial Judge, it shall be designated at the bttm f the frnt f the Civil (Family r Nn-Family) Case nfrmatin Reprt in use in the circuit curts thrughut Maryland. The nfrmatin Reprt, attached heret as EXHBT A, shall include a bx fr plaintiff t check indicating his/her belief that the case presents a cmplex r nvel issue f science r medicine wrthy f being specially assigned t an ASTAR Trial Judge fr case management and trial. A duplicate Cmplaint must be filed with such designatin fr review by an ASTAR Trial Judge and/r the Administrative Judge r his/her designee in making a determinatin as t whether t assign the case file t an available ASTAR Trial Judge. The infrmatin n the Case nfrmatin Reprt will be used by the reviewing ASTAR Trial Judge t determine whether it is apprpriate fr the case t be specially assigned t an ASTAR Trial Judge. n criminal cases, the State/defendant may make a mtin t specifically assign the case t an ASTAR Trial Judge at any pint when it becmes apparent that there is an impending cmplex r nvel scientific r medical issue. 2. dentifying Case Candidates: The three (3) main means fr identifying pssible case candidates fr ASTAR are: (1) self-selectin by plaintiff at the time f filing an actin (see abve), (2) after cmmencement f an actin, n mtin by cunsel (plaintiff/defendant in civil cases r State/defendant in criminal cases), at a pint when it becmes apparent that a cmplex r nvel scientific r medical issue lms ahead, and (3) referral f a pending case, at any pint alng its curse f prceeding, by anther member f the Bench. 12

13 3. Assignment f Actin: The Administrative Judge r his/her designee, shall assign apprpriate cases t an ASTAR Trial Judge. n the event that the Administrative Judge is nt an ASTAR Trial Judge, r at the discretin f the Administrative Judge wh is an ASTAR Trial Judge, any case that is recmmended fr inclusin in the prgram shall be frwarded t an ASTAR Trial Judge fr cnsideratin. Nn-exhaustive factrs that shall be cnsidered by the Administrative Judge r his/her designee in making the determinatin t assign the case t ASTAR include: (1) the nature f the relief sught, (2) the likelihd f the filing f a mtin in limine implicating nvel r cmplex scientific r medical evidence, (3) whether the merits f the case implicate a cmplex r nvel issue f science r medicine, and (4) the degree f nvelty r cmplexity f an apparent issue f science r medicine. Declining t assign specially a candidate case at any stage shuld nt preclude necessarily its recnsideratin at a later stage f its litigatin if new infrmatin becmes available. There is n right f appeal r review f a decisin t grant r deny special assignment. 4. Special Assignment t ASTAR Trial Judge: Cases designated fr special assignment shall be assigned t an ASTAR Trial Judge. f n ASTAR Trial Judge is available in the Cunty, apprpriate arrangements shall be made t either change the venue t a Cunty with a resident ASTAR Trial Judge r fr an ASTAR Trial Judge frm anther Cunty t be respnsible fr the management and trial f the case in the Cunty. All cases referred t ASTAR Trial Judges fr special assignment shall be managed in accrdance with the Case Time Standards and the DCM plan in effect cvering the particular case type. 5. Reprting Requirements: S that a central tracking may be maintained t mnitr the utility and applicatin f the ASTAR prgram in Maryland, upn the special assignment f a case t the ASTAR Trial Judge, the Civil Case Administratr shall cmplete an ASTAR Case Assignment Reprt Frm attached heret as EXHBT B and send the frm t: Special Prjects Manager Judicial nstitute f Maryland, Judiciary Training and Cnference Center 2011 Cmmerce Park Drive Annaplis, MD When final judgment is entered as t any specially assigned case, the Special Prjects Manager shall be ntified f that actin and the date it was entered n the 13

14 dcket. Cpies f any written rulings r pinins n the nvel r cmplex science r medical issue which arse in the case shall be sent t the Special Prjects Manager wh shall then fllw any appellate activities. Opinins frm cases assigned t the ACMP shall be made available and published n the Circuit Curt fr Cecil Cunty website, 6. Scheduling Cnference/Order: Cnsistent with Md. Rules and 2-504, the judge specially assigned as an ASTAR Trial Judge shall cnduct an initial Scheduling Cnference. An apprpriate Scheduling Order shall be issued prmptly after cnclusin f the cnference. The Scheduling Order shall address the deadlines required by Md. Rule 2-504(b). 7. Alternative Dispute Reslutin: Alternative Dispute Reslutin ( ADR ) is a vital cmpnent f this prgram. An apprpriate mechanism fr Alternative Dispute Reslutin shall be discussed by the Curt and cunsel at the initial Scheduling Cnference. n cases where ADR is apprpriate, the Curt shall rder the parties and/r cunsel t a specific ADR prcess, t be cnducted either by a curt assigned r an agreed upn facilitatr and shall establish a deadline fr its cmpletin. Limited discvery may be rdered t facilitate the ADR prcess. t is the gal f this plan t develp a list f qualified mediatrs t assist the Curt in the dispsitin f ASTAR cases. n ding s, the Curt shall fllw as clsely as pssible Md. Rule (business technlgy ADR). Persns seeking t participate as mediatrs in ASTAR qualified cases shuld fllw Md. Rule (business technlgy ADR) t the extent pssible. 8. Other Applicatins: t is the bjective f this plan t cnsider and develp ther applicatins f ASTAR Resurce Judge Skills such as: (1) training the crdinating judges respnsible fr civil, criminal, juvenile, family and ther dckets, (2) planning and develping apprpriate educatinal prgrams relating t the ASTAR Prgram and specific tpics that may be f interest t all judges, (3) serving as resurces t nn-astar judges, (4) Alternative Dispute Reslutin (ADR), determining and develping a list Of qualified, trained ADR resurces equipped t handle ASTAR cases, (5) schlarly writing, and (6) liaisn t law schls, bar assciatins (cunty and specialty bar) and the public. 14

15 9. Outreach: t is imprtant t the success f this ASTAR Prgram that the Curt and future ASTAR Trial Judges reach ut t the legal and business cmmunities in rder t increase awareness f this prgram. t is the bar that ught t be the primary fcus f ur first effrts. Althugh nt intended t be an exclusive listing f cntact pints, fundamentally Cecil Cunty ASTAR Trial Judges shall address at least the fllwing grups/rganizatin: (1) address the Cecil Cunty bar assciatin at an apprpriate ccasin, preferable at a regular lunchen r dinner meeting, (2) address substantive law specialty bar assciatins, (3) address select State Bar Assciatin Sectin Cuncils, such as the Litigatin Sectin. 7. Cmpliance with Pleading Requirements N decisins will be made nr any rders issued by this Curt until r unless the apprpriate required pleadings have been filed establishing a case and clearly defining the relief sught and the reasns fr the relief sught, even where the parties have reached an agreement and merely seek t enrll it as a curt rder. See Rule 2-101(a). Pleadings define issues; if it isn t pled it will nt be heard. Practitiners have a right t rely n what is in the pleadings frm each side in preparing what issues will be litigated and in making decisins as t hw t expend resurces n discvery and ther pretrial effrts. Maryland Rule and the case f Mntague Blundn, vs. Shirley Taylr, 364 Md A.2 d 658 (2001) make it clear that pleadings are nt acceptable in the frm f facsimile transmissin. A cpy f a facsimile may be filed with the clerk but the dcument must actually be filed with the clerk, nt received via a fax. 15

16 8. Timelines f Preparatin and Appearance at Scheduled Hearings and Trials This Plan cntains extensive prvisins fr negtiatin and settlement f cases prir t trial. The Curt will nt permit parties and/r their attrneys t delay negtiatins until the day f trial and expect the Curt, including ptential jurrs, t wait t see if the parties settle. When the date and time fr a trial r hearing arrives the curt will call the case and prceed. Parties and their attrneys shuld be prepared t and expect t start at the appinted date and time. n the past this Curt has ften been faced with the arrival f the previusly set date and time fr a prceeding with sme r all f the parties and/r lawyers nt present. Except in exceptinal circumstances, explained t the Curt in advance, the judges f this Curt will take the bench n time and start calling cases. The Curt will apply apprpriate sanctins t parties and lawyers wh are dilatry r d nt appear. 16

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19 7a-=6L"7i H:"s 9 g-f; g E 3isi3 s g 3*l-ii s eafifrih? +ltae i H *Zl ;91 ^--rl = :i;l ep ;l ^,'hr - ql v--arl?'t al 'Ol (!l xv ;l xr t <l l Fl 3 B 174 \ e rr'9 -(D fa;?3'y? e+ nfie.re.fi -ts. H si EE * - s*[ii+ += h- + rni. ;'6 4 e2 +f T F= '.!t- a q { i*e'=x reu:=.:2 " 33T74i- 35 B"erc :3fi F9 E =a;n7s -3 $ij=r' A):':l!!'tr!<3 _iq ap e9af,+3 e :E,i'e E B -*"6 tt O -'-:D 6 G = ^ * a?ia [ *f+r 5' a-44 f:t*:< =se i ;:^6' H + F.gFA a E J. h'ap-a ; iti63a ) e F"g f '24 q fr 1 f F;- t c t; A H i *3?+ ; 6 qs ; = ; &x : '?g f "OE H 3+=. =5 6 e? + 56 fii a :.p <g : 2 += :' 1= 5 :$(D?e a g1 < - f;f q a HE T a6 2 ar a P- 9 a! r t: E 6 +5 Yt 6=. PU P'F G 9. 3 G Z, G H 7, = 5E 1 N w'o 5, a u9 6l cl= 6* f- -_F a a:it 9- ^.i P:d> :v1t r?pa al j 9.1 E rac +l> t-"- r = le'a tr f l@= P.q 16'; E : 5H 4. 5' i E l9q lh-{ 1 i l'-p ;ive {ll qet.at 5'i +..^-aa-i " 5 '',; U Y.:i>',Ti 5- :4d V: a A '=n4=ef '' 6:i5i=. + -='.= 0r 5?, _9d."Jap.3 f = ^ i 4c E'Y =<- P- X *t '-i(0 =F(!- (!l JUV O- ^@' P f i'=,ei'rxi i i E+6gg;uEi l :- -l (! ^O\A 47.e: s0) < -az ' gfqgf * a lsssi 37,??# * -:t=^= = :' )r 3 Q,-rr. tsaf?lh - =' Hs 8_[ q -+3cnQ S. le'44= i ee ; i? g z-'\!7 E FX f; p rh'; 0 t- - q- s> VX =x 9ia i> F rf) *(! +3 E> A)@- E E?' Y.0a 4'rts 3 63 Pl* -D c) (D 7 (D F' (! F' v) = 0l l <l 6' E. f - (D0=iv '9' g y- sfff EE 3 A /l{-: ^*6 6't::q 8.5-x 9 ' (D rr,.l H 9F nq 5> a EU2 5g; t'd Q t! x-5 h'e'e i V q 3 a= ll =.(Y E'58.9EH x a i =Q.D =A E E AF3. () (Dg v (!5 * *5 = Aa hr- :E(D cr:q 5U F a g >9 <x- 3 E'P ^p = E i3 = 3aa 604 E + -* E5 0 (}rd J1 (!= 6' ta (! U? a (D r'1 t! J \) L T 6'3qE' Y.a 'r,9 =. 6 d- t'j ** *n'ny.* 3 i 3EE 0rr g a,-6'ts < =' Q a" Q' A :t ttl^ t';.! Q.' F. ct, r F/. E. i' E, tl B ( 0.D ra El az' 'E' t tu.' tl 7 (A t c * E D 3 a ta ti l 5' r-t t= l6 l0 E ll B li 'l lq.q t9 0 Fl ;'

20 N THE COURT OF APPEALS OF MARYLAND REVSED ADMNSTRATVE ORDER FOR CONTNUANCES FOR CONFLCTNG CASE ASSGNMENTS OR LEGSLATVE DUTES WHEREAS, in 1972, an infrmal plicy as t cnflicts between case assignments in trial curts was published in the Daily Recrd fllwing cnsideratin by the Maryland Judicial Cnference and then Cnference f Circuit Administrative Judges and cnsultatin with judges f the United States District Curt fr the District f Maryland; and WHEREAS, this plicy evlved int a unifrm Statewide plicy frmalized by Administrative Orders issued n Octber 21, 1977, June 2, 1978, Octber 9, 1980, and December 30, 1980; and WHEREAS, at a meeting n March 14, 1995, the Executive Cmmittee f the Maryland Judicial Cnference reslved that, given the lapse f time since prmulgatin, the plicy shuld be reviewed, revised t incrprate statutry requirements such as legislative pstpnements, and reissued t all Maryland Judges, t bar assciatins fr disseminatin t their members, and t thers as apprpriate; and WHEREAS, it is apprpriate t encmpass appellate curts as well; NOW, THEREFORE,, Rbert C. Murphy, Chief Judge f the Curt f Appeals and administrative head f the Judicial Branch, pursuant t the authrity cnferred by Article V, 18 f the Cnstitutin, d hereby rder this 26th day f April, 1995, that the prcedures fr the reslutin f cnflicts in case assignment amng appellate and trial curts in the State, as adpted by Administrative Orders f June 2, 1978, Octber 9, 1980, and December 30, 1980, are amended, effective May 15, 1995, t read as fllws: 1. PURPOSE OF ADMNSTRATVE ORDER ) CERTAN CONTNUANCES PROHBTED. This Administrative Order establishes plicy regarding pririties between cases assigned fr argument, hearing, r trial in ne r mre appellate r trial curts in the State n the same date. When there is a cnflict in assignment, a cntinuance, pstpnement, r change in schedule may be made nly in accrdance with this Administrative Order. This Administrative Order als states plicy regarding cntinuances fr legislative persnnel and members f administrative agencies. 2. RESPONSBLTES OF COUNSEL. a. When cnsulted as t the availability f dates fr trial, cunsel has the respnsibility f assuring the absence f cnflicting assignments n any date that cunsel indicates is

21 available fr trial. b. f cunsel accepts emplyment in a case in which a date r time fr argument, hearing, r trial has already been set after cunsel has been ntified f a cnflicting assignment fr the same date r time, cunsel shuld nt expect t be granted a cntinuance. c. f a cnflict in assignment dates develps after representatin has been accepted, cunsel shall make every effrt t btain the presence f a partner r assciate t act in ne f the cases befre a cntinuance is requested. Obviusly, this prvisin is subject t bligatins cunsel may have t the client. Hwever, a request fr cntinuance because f cnflicting cases shuld include a statement that it is nt practical fr a partner r assciate t handle ne f the cnflicting cases. 3. PUBLCLY EMPLOYED LAWYERS. A lawyer wh hlds public ffice r emplyment as an attrney (e.g., State's Attrney, Assistant State's Attrney, Public Defender, District Public Defender, Cunty Attrney, r City Slicitr) and wh is permitted t engage als in the private practice f law may nt be granted a pstpnement r cntinuance f a case in which the lawyer appears in a public capacity, if there is an assignment cnflict between that case and ne in which the lawyer appears in a private capacity, except under the mst extrardinary circumstances. 4. LEGSLATVE PERSONNEL. A cntinuance must be granted t an attrney f recrd wh is a member r desk fficer f the General Assembly exercising the privilege under Curts and Judicial Prceedings Article, n accepting emplyment, hwever, such attrney shuld cnsider the incnvenience t the public, bar and judicial system prduced by excessive cntinuances. 5. RESPONSBLTY OF THE COURT WHEN A CONTNUANCE S REQUESTED AND GRANTED BECAUSE OF CONFLCTNG CASE ASSGNMENTS. a. n a case in which cunsel has accepted emplyment which creates a cnflict in assignments, a judge may, in the judge's discretin and under extrardinary circumstances, grant a cntinuance. n the exercise f that discretin, the judge shall first assure that all parties, witnesses, and cunsel in the case can be ntified f the cntinuance sufficiently in advance f the trial date t avid undue incnvenience; that the case has nt been cntinued an unreasnable number f times prir theret; and that the cntinuance wuld nt therwise impede the prper administratin f justice. b. t is the respnsibility f the curt t fix a new date

22 fr the cntinued r pstpned case when a cntinuance r pstpnement is granted. 6. PRORTES AS BETWEEN TRAL COURTS. With respect t cnflicting hearings r trial dates between a circuit curt fr a cunty r Baltimre City, either divisin f the United States District Curt fr the District f Maryland, the United States Bankruptcy Curt fr the District f Maryland, r the Maryland District Curt, pririty shall be given t the case in accrdance with the earliest date n which assignment fr hearing r trial was made, except that, regardless f the date the assignment fr hearing r trial was made, (1) if the prvisins f the Federal Speedy Trial Act s require, pririty shall be given t a criminal prceeding in the United States District Curt; and (2) if the prvisins f Maryland Rule and/r Article 27, 591 f the Cde s require, pririty shall be given t a criminal prceeding in a Maryland curt, ver a civil prceeding in the United States District Curt r the United States Bankruptcy Curt fr the District f Maryland. 7. PRORTES BETWEEN APPELLATE AND TRAL COURTS. With respect t cnflicting prceedings befre the Curt f Appeals, the Curt f Special Appeals, r the 4th Circuit Curt f Appeals and a trial curt, the appellate prceeding shall be given pririty ver the trial curt prceeding unless therwise agreed by the appellate and trial curts as t particular prceedings. 8. CONFLCTS BETWEEN TRAL COURTS AND ADMNSTRATVE AGENCES. f cunsel is a member f an administrative agency which has scheduled a meeting r hearing cnflicting with an appellate r trial curt prceeding in which the lawyer-member f the agency is als invlved, the curt prceeding has pririty and the pendency f the administrative hearing is nt a basis fr granting a cntinuance. Rbert C. Murphy Chief Judge Filed: Alexander L. Cummings Clerk Curt f Appeals

23 PART CVL NON-DOMESTC 1. General nfrmatin 1.1 Types f Cases This Case management Plan applies t all civil nn-dmestic matters, including, but nt limited t the fllwing types f cases: Trt r cntract actins Nn-family equity actins Wrker s Cmpensatin appeals Prfessinal Malpractice Cmplex Litigatin Cndemnatins Bundary Disputes The fllwing cases are als subject t the Civil Differentiated Case Management Plan, but because f the nature r statutry requirements f thse cases, they are frwarded t the Assignment Office when at issue fr assignment in accrdance with the apprpriate Maryland Rule. Administrative Appeals Certirari in Circuit Curt Cnfessed Judgment District Curt Appeals (de nv and recrd appeals) Freclsures Frfeitures Habeas Crpus nmate Grievances Landlrd Tenant Liqur Bard Appeals Mechanics Liens Orphans Curt Appeals Business Technlgy cases are t be referred t ne f the designated Business Technlgy judges in the circuit. 1.2 Pleadings Civil Case nfrmatin Reprt Pursuant t Maryland 2-111, a Civil Case nfrmatin Reprt (CCR) shall be filed with all riginal pleadings in the case, and a cpy shall be served n the defendant(s). The 17

24 CCR shall be filed in all Civil Nn Dmestic matters with the exceptin f the case types nted in the Cmmittee Nte accmpanying Rule Respnsive Pleadings A CCR shall be filed with the respnsive pleadings in accrdance with Rule 2-323(h). f n CCR is filed by the ppsing attrney r party, the Curt may prceed withut the Defendant s infrmatin. Once the first answer is filed by any defendant, the case file is frwarded by the Office f the Clerk t the Assignment Office fr assignment f a scheduling cnference, unless exempted in 1.1 abve. The Curt rders a scheduling cnference by having the assignment clerk issue an assignment ntice. The Assignment Office shall send ntice f the date f the scheduling cnference t all attrneys r unrepresented parties. This scheduling cnference shall be held in apprximately 30 days. n accrdance with Maryland Rule 2-507(b), in any actin against any defendant wh has nt been served r ver whm the Curt has nt therwise acquired jurisdictin, a Ntificatin f Cntemplated Dismissal shall be served by the Clerk n all parties at the expiratin f 120 days frm the issuance f riginal prcess directed t that defendant. 2. Scheduling Cnferences 2.1 The Scheduling Cnference Wh Shall Attend Scheduling Cnferences are held befre a judge designated by the Administrative Judge t hear these matters. Attendance at scheduling cnference is required f all attrneys whse appearance is entered in the case. f a party is nt represented by cunsel, the party must attend. The Curt may hld a scheduling cnference in chambers, in pen curt r by telephne r ther electrnic means. The cnference will be cnducted in accrdance with Maryland Rule n this paragraph; attrney means an attrney wh has entered an appearance in an actin t be cnsidered at a scheduling r pretrial cnference r a member f the attrney s staff wh has full authrity t make decisins with respect t the cnduct f the actin and, in particular, all matters which may be discussed at a scheduling cnference. Attrneys will be held t the same standard f time perfrmance fr a scheduling rder created by participatin f staff as fr ne created with the attrney s persnal participatin Cntent f Cnferences A scheduling cnference will include discussin f any matter relevant t management f the case, including assignment t a prcedural track, establishment f dates fr the designatin f experts and fr cmpletin f discvery, deadlines fr filing mtins, ntices cncerning cmputer-generated evidence and ther pretrial prcedures, 18

25 establishment f a settlement cnference date, issuance f a Scheduling Order and ther matters referred t in Rules thrugh Authrizatin may be given fr an attrney t participate in a scheduling cnference by telephne in accrdance with paragraph f this plan. At the cnclusin f the cnference the Curt will issue a Scheduling Order setting frth matters decided which cntrl the subsequent curse f the actin. The dates set in the Scheduling Order are strictly enfrced and subject t mdificatin by the Curt nly t prevent manifest injustice, in rder t allw fr timely settlement r a trial if needed. (A) Discvery Deadlines. During the scheduling cnference the judge will ask cunsel hw lng he/she will need fr discvery. Every effrt will be made by the Scheduling Judge t keep discvery time t the shrtest pssible time s as t expedite the case and achieve dispsitin f the case within the Maryland standards. Attrneys wh request mre than 6 mnths fr discvery will need t present gd cause fr the Scheduling Judge t allw extra discvery time. Discvery deadlines will be set and subsequent event dates scheduled crrespndingly. (B) Amendments. The judge cnducting the scheduling cnference shall als set a date fr the filing f any amendments t the pleadings. (C) Disclsure f Experts. The deadline fr disclsure f experts fr bth plaintiff and defendant shall be set. This deadline must be sufficiently prir t the discvery deadline t allw fr depsitins t be taken befre the clse f discvery. (D) Mtins Deadline. The judge will establish the deadline fr the filing f dispsitive mtins and mtins in Limine. Deadline fr dispsitive mtins shall be set at least six weeks prir t the settlement cnference s as t have such mtins heard befre settlement cnference is held. (E) Settlement Cnference Date. Finally, the judge will set the case in fr a settlement cnference. Cunsel shall cmply with Rule in filing their pretrial statement five days prir t settlement cnference. (F) Trial Date. n mst instances n trial date shall be set at the scheduling cnference. Rather, the case will be managed in such a manner as t facilitate settlement prir t r at the time f the Settlement Cnference. A merits hearing will be scheduled nly if and when a meaningful settlement cnference fails t reslve all pending issues in the case. The purpse f this plicy is t ensure that thse cases scheduled fr trial cannt be reslved by ADR methds and that any case scheduled fr trial is actually ready t g t trial. This plicy is designed t facilitate settlement as early n in the case as pssible t spare the parties unnecessary expense and delay. By setting a date fr the merits hearing later in the case, the Curt can mre accurately predict the number f cases t be heard and the trial taking place n the scheduled day is far mre likely. The Curt will necessarily, in rder t implement this plicy, strictly enfrce the pre-trial scheduling rder. 19

26 2.1.3 Telephne Participatin in Scheduling Cnference (A) Definitins: n this paragraph (i) attrney means an attrney wh has entered an appearance in an actin t be cnsidered at a scheduling r pretrial cnference r a member f the attrney s staff wh has full authrity t make decisins with respect t the cnduct f the actin and, in particular, all matters which may be discussed at a scheduling cnference. Attrneys will be held t the same standard f time perfrmance fr a scheduling rder created by participatin f staff as fr ne created with the attrney s persnal participatin. (B) When Authrized. An attrney may elect t participate in a scheduling cnference by telephne, unless such participatin is specifically nt permitted by the Administrative Judge in that particular case. Apprval f ther attrneys and parties is nt required. An unrepresented party is nt authrized t participate by telephne at any time. (C) Effect. Attrneys participating by telephne will be cnsidered fr all purpses t be in the presence f the Curt in the rm where the Curt is cnducting scheduling cnferences. An attrney wh is nt physically present r participating by telephne at the time stated in the Ntice f Scheduling Cnference will be cnsidered absent and subject t all decisins made at the scheduling cnference and/r t apprpriate sanctins fr failure t appear. (D) Arrangements fr Participatin. Arrangements fr telephne participatin must be made by the attrney with the Curt at least five (5) Curt days befre the date f the cnference. Failure t arrange fr telephne participatin within the time and in the manner prescribed will nt cnstitute reasn fr pstpnement r cntinuance f a cnference. 3. Alternative Dispute Reslutin t is the plicy f this Curt t encurage the use f alternative dispute reslutin in accrdance with Title 17 f the Maryland Rules f Prcedure. 4. Settlement Cnference 4.1 Wh Shall Attend Cunsel fr each party is required t be physically present fr the settlement cnference. N participatin by telephne is permitted Parties must attend, whether r nt they are represented by an attrney nsurance cmpany representatives with authrity t negtiate a settlement must attend unless an exceptin is requested and is granted by the Curt. f exceptin is granted, the representative must be available by telephne. 20

27 Failure t attend r t send a persn with authrity t negtiate a reasnable settlement may result in sanctins being impsed by the Curt. 4.2 Preparatin fr Settlement Cnference Cunsel is expected t have cmpleted all discvery and taken all depsitins (with the exceptin f a depsitin f expert witness t be used at trial). Pretrial statements shall have been filed at least five (5) days prir t the settlement cnference in accrdance with Rule Bringing the pretrial statement t the settlement cnference rather than filing it five days prir is nt acceptable, as the settlement judge will nt have time t review the statement prir t the beginning f the cnference. Failure t cmply with this requirement may result in a secnd settlement cnference having t be set, n trial date being assigned and/r sanctins impsed by the Curt. Cunsel is expected t have attempted t reslve the case prir t attendance at settlement cnference. Remaining issues unreslved shuld be clearly identified. Cunsel must be prepared at the time f the settlement cnference t meaningfully discuss settlement. Cunsel shall bring trial calendars t settlement s that if a settlement des nt ccur, a trial date may be assigned. Attrneys are expected t have cnferred with each ther regarding amunt f trial time which will be required and number f jurrs needed Failure f Attrneys t Prperly Prepare fr Settlement Cnference n rder t have a meaningful settlement cnference, all cunsel must be prepared in accrdance with this plan and the Scheduling Order given at the Scheduling Cnference. Failure t prperly prepare may result in a trial date nt being assigned, a secnd settlement cnference being set, and/r sanctins being impsed by the Curt Failure f Attrney t Attend Settlement Cnference f an attrney fr a party in a case des nt appear at settlement cnference, which prevents settlement discussins, an rder may be passed requiring payment f expenses t attrney(s) wh appear. 5. Merits Trial 5.1 Setting a Trial Date Trial dates n the merits are set in accrdance with the prcedures set frth in sectins 2.1.2, 2.1.3, 4.2 and abve. 5.2 Vir Dire and Jury nstructins Cunsel shall file vir dire questins, which shall cntain a witness list at least 48 business hurs befre trial. Jury instructins are als requested at that time. 21

28 5.3 Vide r Audi Depsitins t be Used at Trial Any party intending t use any depsitin recrded by videtape r auditape shall cmply with Rule Day f Trial Cunsel shall be in the curtrm at 8:30 a.m. n the first day f trial in rder t have any dcumentary evidence that shall be prffered int evidence pre-marked by the curtrm clerk and fr any utstanding preliminary matters t be decided. 6. Pstpnements 6.1 Requests fr Pstpnement f the Scheduling Cnference Requests fr re-setting f the scheduling cnference will be reasnably granted if requested in a timely manner, and an effrt made t reset the matter at the next available scheduling cnference date. Cunsel r parties wishing t reset a scheduling cnference must file their request pursuant t Maryland Rule Requests fr Change f Trial, Hearing r Other Cnference Date As ne f the gals f this Case Management Plan is timely dispsitin f cases in cmpliance with the Time Standards set by the Judicial Cuncil, a strict pstpnement plicy will be fllwed. A party wh desires a change f the time f any trial, hearing r cnference must (1) btain several pssible alternate times frm the Assignment Clerk and, within 5 days thereafter, (2) attempt t secure the agreement f all ther parties t ne f thse alternate times, (3) advise the Assignment Clerk by phne immediately when a date is secured which is agreeable t all parties. (Dates will nly be held by the Assignment Clerk fr 5 days), and (4) file a written request fr change t ne f thse alternate times by mtin pursuant t Maryland Rule A strict pstpnement plicy is enfrced fr these matters since parties and cunsel will have had the pprtunity t prvide input n scheduling at the time f the scheduling cnference and settlement cnference. Cases will nt be pstpned merely by the cnsent f the parties r because discvery has nt been cmpleted. Whether r nt the parties have discussed and/r agreed upn an alternate date, any existing ntice r scheduling rder remains in full effect until the changes have been apprved in writing by the Curt. f a pstpnement is granted, all ther prvisins f the Pre-Trial Scheduling Order shall remain in effect. 22