CIRCUIT COURT FOR DORCHESTER COUNTY,
MARYLAND
DIFFERENTIATED CASE MANAGEMENT PLAN
FAMILY CASES
Effective October 1, 2017
Table of Contents
PREAMBLE .................................................................................................................................................................. 3
FAMILY/ DOMESTIC RELATIONS .......................................................................................................................... 3
Status Conference ...................................................................................................................................................... 3
Scheduling Conference and Services ......................................................................................................................... 3
Hearings ..................................................................................................................................................................... 4
CUSTODY and CHILD SUPPORT .............................................................................................................................. 5
Paternity Establishment ............................................................................................................................................. 5
Child Support Establishment ..................................................................................................................................... 5
Child Support Modification or Suspension................................................................................................................ 6
Child Support Reinstatement ..................................................................................................................................... 6
Civil Contempt .......................................................................................................................................................... 7
DOMESTIC VIOLENCE PROTECTIVE ORDERS .................................................................................................... 7
EMERGENCY/EX PARTE RELIEF ............................................................................................................................ 8
CONTINUANCE POLICY ........................................................................................................................................... 8
Postponement/Continuance Policy - First Judicial Circuit ........................................................................................ 8
ACCOMODATION under the AMERICANS with DISABILITIES ACT ................................................................. 10
INTERPRETERS ........................................................................................................................................................ 10
PLAN APPROVAL ..................................................................................................................................................... 11
PREAMBLE
Md. Rule 16-302(a) provides that the county administrative judge shall supervise the
assignment of actions for trial in a manner that maximizes the efficient use of available judicial
personnel, brings pending actions to trial, and disposes of them as expeditiously as feasible. Md.
Rule 16-202(b)(1)(A) mandates that the county administrative judge shall develop and, upon
approval by the chief judge of the Court of Appeals, implement a case management plan for the
prompt and efficient scheduling and disposition of actions in the circuit court. The plan shall
include a system of differentiated case management in which actions are classified according to
complexity and priority and are assigned to a scheduling category based on that classification.
This plan serves as a guide to the management of cases in Dorchester County and is a product of
the collaborative effort of the Dorchester County administrative judge, the magistrate, the circuit
court administrator, the Clerk of the Circuit Court, and family support services. The provisions
set forth in this plan are intended to serve as a general guideline for the processing of cases which
come before the Circuit Court for Dorchester County. However, the provisions are not intended
to be rigid, given that circumstances related to any particular case may require flexibility to ensure
fairness. Further, this plan is prepared within the confines of case time standards. Additionally,
the plan does not purport to override any requirements of the Maryland Rules or the Annotated
Code of Maryland.
FAMILY/ DOMESTIC RELATIONS
The Circuit Court for Dorchester County has incorporated Md. Rule 16-302 generally as
follows. When a domestic relations case such as divorce, annulment, custody, visitation, child
support, spousal support or the modification of such, is filed with the court, the clerk issues an
appropriate summons to the non-moving party. The case is calendared for 60 days by the clerk
who will identify inactivity in accordance with Md. Rule 16-302(c)(5). For those cases in which
no answer or affidavit of service has been filed, the case is forwarded to the magistrate for review.
Status Conference
If any procedural defects are noted or it appears that the case is not being advanced, the
magistrate instructs the clerk to schedule the matter for a status conference in approximately two
weeks. At the status conference, the magistrate advises the moving party as to what must be
accomplished for the case to advance and issues a status conference directive. If the moving party
fails to comply with the status conference directive, the case may be dismissed without prejudice
or set for another status conference.
Scheduling Conference and Services
If an answer is filed indicating no contested issues, the case will be set before the magistrate
within 30-45 days for a final hearing. All contested cases are set for a scheduling conference on
the next available scheduling date. At the scheduling conference, the magistrate determines
disputed issues, and services needed that were not previously ordered. The family services
coordinator and the magistrate may recommend services, which include, but are not limited to co-
parenting education, the appointment of child counsel, mediation, supervised visitation or
exchange, substance abuse assessment and/or an order controlling conduct in accordance with Md.
Rules 9-204, 9-205 and 16-307(b)(2). Samples of those orders are appended hereto as “Family
Attachment 1”. If the matter is not resolved at the scheduling conference, a scheduling order in
substantially the form appended hereto as “Family Attachment 2” is issued. Deadlines and dates
are contained in the scheduling order. Those recommendations and proposed orders are forwarded
to a judge for consideration and signature.
Additionally, at the scheduling conference, the magistrate determines if the case shall be
tried before a magistrate in accordance with Md. Rule 9-208(a)(1).
Hearings
In accordance with Md. Rule 9-208(a)(1), the following matters shall be referred to the
magistrate unless the court directs otherwise in a specific case:
(A) Uncontested divorce, annulment, or alimony;
(B) Alimony pendente lite;
(C) Child support pendente lite;
(D) Support of dependents;
(E) Preliminary or pendente lite possession or use of the family home or family-use of
personal property;
(F) Subject to Rule 9-205, pendente lite custody of or visitation with children or modification
of an existing order or judgment as to custody or visitation;
(G) Subject to Rule 9-205 as to child access disputes, constructive civil contempt by reason
of noncompliance with an order or judgment relating to custody of or visitation with a
minor child, the payment of alimony or support, or the possession or use of the family
home or family-use of personal property, following service of a show cause order upon
the person alleged to be in contempt;
(H) Modification of an existing order or judgment as to the payment of alimony or support
or as to the possession or use of the family home or family-use of personal property;
(I) Counsel fees and assessment of court costs in any matter referred to a magistrate under
this Rule;
(J) Stay of an earnings withholding order; and
(K) Such other matters arising under this chapter and set forth in the court's case management
plan filed pursuant to Rule 16-302(b).
In accordance with Md. Rule 9-208(a)(2), by agreement of the parties, any other matter or
issue arising under this chapter may be referred to the magistrate by order of the court.
In contested cases, the hearing on the merits is set to be heard 60-90 days after the
scheduling conference for non-complex matters. If necessary, a pendente lite hearing may be set
30-45 days after the scheduling conference. For complex cases (e.g. marital property, alimony,
multiple contested issues or high conflict), Trials are scheduled 90-120 days after the scheduling
conference. At the conclusion of any merits hearing, the magistrate announces the findings of fact
and recommendations on the record or holds the matter sub curia and issues written findings. In
either case, a written report, recommendation and a proposed order, are forwarded to a judge for
review in accordance with Md. Rule 9-208(e)(1). A party may file exceptions to the findings.
Unless both parties have waived the right to file exceptions in writing, the magistrate’s findings
and recommendations must wait for ten days after the parties have been notified before a judge
may sign a judgment or order. A magistrate’s report, recommendation and a proposed order are
issued within ten days after the hearing for cases referred as a matter of course pursuant to Md.
Rule 9-208(a)(1) or within 30 days for cases referred by agreement of the parties pursuant to Md.
Rule 9-208(a)(2).
In cases heard before a judge, if a judge has not issued a ruling from the bench, an opinion
and order or judgment shall be timely filed.
CUSTODY and CHILD SUPPORT
When custody is determined or modified, child support shall be addressed. Parties and
their attorneys litigating custody shall be prepared to provide the court with necessary financial
data for a Maryland Child Support Guidelines calculation, in accordance with Md. Rule 9-203(b)
Short Form Financial. Where the Child Support Administration (CSA) litigates support, the CSA
shall communicate with any private counsel in the case on the issue of custody and both counsel
shall be present at the hearing.
Paternity Establishment
A complaint to establish paternity may be filed by the CSA or by a parent of a child if the
parties were unmarried at the time of conception, have not executed an affidavit of parentage, and
no prior judicial determination of paternity has been made.
When a paternity case is filed by the CSA, the clerk issues a summons and sets a hearing
date on a designated CSA establishment day, held once per month. Hearings are generally
scheduled 90 days from the time of filing. The complaint and summons are served by the sheriff.
If the defendant does not file an answer, the CSA can request the entry of an order of default;
however, the statute provides that the matter can go forward without the presence of the defendant
(Md. Code, Family Law §5-1024). If the defendant requests genetic marker testing, he can submit
to testing on the hearing date. If testing is conducted on the hearing date, the case is set for another
hearing 30 days out to allow for the results of the testing.
A litigant may request an order for genetic marker testing as part of a privately filed case
in which paternity is in dispute. When appropriate, the court may order the parties to appear on a
CSA establishment date to submit to genetic marker testing. The order will indicate how and when
the costs of the testing are to be paid.
Child Support Establishment
A complaint for child support can be filed by the CSA or by a private litigant. The CSA
petitions are served by the sheriff with a summons and notice for a specific hearing date. Child
support establishment matters are set before the magistrate approximately 90 days after filing. If
the defendant is served and does not file an answer, the CSA may file a request for entry of an
order of default and the matter is heard within thirty (30) days. If the defendant has not been served
within 90-120 days, the clerk will set a status conference.
A private litigant who files a complaint for child support is responsible for having the
opposing party served with the complaint and summons. If the opposing party does not file an
answer, the plaintiff/petitioner must file a request for entry of an order of default. If the defendant
files an answer, the matter will be set for a scheduling conference within 30 days. A support
hearing is generally set 30-60 days after the scheduling conference. At the conference, the parties
are reminded that they must file current financial statements and proposed Worksheet B – Child
Support Obligation: Shared Physical Custody. A private complaint for child support is also set
before the magistrate. If the magistrate recommends that support be paid through the CSA in a
privately filed support establishment case, the parties are given the CSA information at the
conclusion of the hearing.
The court must consider the child support guidelines figures and make findings as to the
child’s best interest if a party or attorney is requesting less than the guidelines require in accordance
with Md. Code, Family Law §12-202(a).
Child Support Modification or Suspension
After the entry of an order obligating a party to pay child support, the CSA or any party to
the case can file a motion asking that the court modify or suspend child support based upon a
material change in circumstances in accordance with Md. Code, Family Law §12-104(a).
The CSA requests for suspension are treated as motions requiring a certificate of service
and are given an 18 day response period. A motion to suspend can be ruled on without a hearing
unless the opposing party files an answer opposing the relief requested.
Upon filing of a motion to modify, the clerk will issue a summons for service on the
opposing party. A motion for modification must be filed with a current financial statement from
the moving party. Modification hearings are generally set sixty 60-90 days after filing to allow
time for service.
Child Support Reinstatement
At any time after a child support obligation has been suspended by court order, the CSA,
or any party to the case, may file a motion to reinstate child support based on an alleged material
change of circumstances.
Upon filing of a petition or motion to reinstate, the clerk will issue a summons to be served
on the opposing party. The CSA petition for reinstatement is served by the sheriff. A privately
filed petition for reinstatement may be served by private process, certified mail or sheriff.
Motions for reinstatement are set on the CSA civil contempt docket 60-90 days after filing.
Civil Contempt
A petition for constructive civil contempt (“petition for contempt”) may be filed by the
CSA or any party who has been ordered to receive child support.
When the CSA files a petition for contempt, the clerk issues a summons for a designated
hearing date and the petition and summons are served by the sheriff. The civil contempt docket is
held once per month. If unserved, the CSA will generally request reissuance of the summons on
the hearing date. If the unserved party appears in court, the petition may be served in the courtroom.
All privately filed petitions for contempt must be filed with a proposed show cause order
and the petition and show cause order are forwarded to the magistrate for review. When
recommending the issuance of a show cause order, the magistrate will designate a hearing date.
Generally these matters are set approximately 45-60 days after filing. The petitioner must serve
the opposing party and file an affidavit of service with the court.
A ruling on contempt, adjudication and disposition may be handled on the same date or
disposition may be deferred to a later date to allow time for the party to make payments or
participate in employment services.
If incarceration is requested in the petition for contempt, the matter is set before a judge
and a notice of rights is included for service with the petition and show cause order. All other
constructive civil contempt matters are set before the magistrate.
If it appears during a magistrate’s hearing that there are reasonable grounds to believe that
a party is in contempt and that incarceration is an appropriate sanction, pursuant to Md. Rule 9-
208(d), the magistrate will set a de novo (new) hearing before a judge, serve a summons for that
hearing with a notice of right to counsel and terminate the hearing without making a
recommendation. The de novo hearing is set no sooner than twenty (20) days after the magistrate’s
hearing.
At any time after a civil contempt disposition, the CSA may file a written request for a
dispositional review hearing. The clerk will issue a summons for the party previously found to be
in contempt and the matter will be set approximately sixty (60) days after filing.
DOMESTIC VIOLENCE PROTECTIVE ORDERS
When an individual enters the courthouse and expresses a desire to file a petition for
protection from domestic violence/child abuse, the clerk notifies the family support services
coordinator who meets with the potential petitioner and can provide legal information, not legal
advice. At this time, the family support services coordinator will identify resources available to
provide support for the petitioner and his/her family. Currently, for Dorchester County, the Mid-
Shore Council on Family Violence provides such support. If requested, the family support services
coordinator will contact a representative of the Mid-Shore Council on Family Violence and ask if
they can meet with the petitioner at the courthouse. Simultaneously, the clerk informs the county
administrative judge, or his/her designee, that a petition for protection from domestic violence may
be filed. The clerk, in cooperation with the county administrative judge’s staff, will determine if
any related cases exist either in circuit court or District Court. If there is a related District Court
case, the county administrative judge will review to determine if the case being filed in circuit
court is appropriate to transfer to District Court and, if so, coordinate final protective order hearing
dates with the judge and Clerk of the District Court.
For those cases not transferred to the District Court, as soon as the petition is completed
and the clerk has had the opportunity to scan the information, the case is transferred to a courtroom
for an immediate hearing before a judge or magistrate. If a temporary protective order is granted,
a final protective order hearing is set before a judge within one week and law enforcement serves
the temporary order upon the petitioner and respondent. If the final protective order hearing results
in the extension of the temporary protective order, law enforcement similarly serves the order upon
the parties. At all times, great care is taken by the court, court staff and court security to ensure
that the petitioner/persons to be protected are safe from any potential abuse.
EMERGENCY/EX PARTE RELIEF
When a petition or motion is filed for emergency/ ex parte relief, the Circuit Court for
Dorchester County requires that the petition/motion must comply with the administrative protocol
established on September 16, 2009 by the court for such matters, appended hereto as “Family
Attachment 3”. The protocol is in compliance with Md. Rule 16-302(b)(2), which states the plan
shall include appropriate procedures for the granting of emergency relief and expedited case
processing in family law actions when there is credible prospect of imminent and substantial
physical or emotional harm to a child or vulnerable adult. The protocol is on the Circuit Court for
Dorchester County’s website under Administrative Orders/Policies. It is also provided to any
individual or attorney who contacts the clerk’s office or the judge’s chambers to give advance
notice that such a pleading will be filed.
CONTINUANCE POLICY
This plan incorporates and is not intended to conflict with Md. Rule 16-804 Continuances
or Postponements for Conflicting Case Assignments or Legislative Duties which was derived from
the Revised Administrative Order for Continuances for Conflicting Case Assignments or
Legislative Duties from The Honorable Chief Judge Robert C. Murphy, dated April 26, 1995,
effective May 15, 1995. Additionally, the court follows the First Judicial Circuit’s Postponements/
Continuance Policy as follows:
Postponement/Continuance Policy - First Judicial Circuit
Dorchester-Somerset-Wicomico-Worcester Counties
The purpose of this policy is to promote timely disposition and to avoid unnecessary delays
in processing cases within the courts of the First Judicial Circuit of Maryland. The policy reflects
the Maryland Judicial Council’s definitions of postponement as a proceeding that was not held and
is being rescheduled and continuance as a proceeding that has begun and is extended for additional
day(s).
In considering all postponement or continuance requests, the court shall carefully apply all
relevant sections of the Maryland Annotated Code and the Maryland Rules of Procedure, review
possible effects of a postponement or continuance on the parties and witnesses in the case, and
evaluate future scheduling issues. The court shall also consider Maryland Circuit Court Time
Standards for processing cases.
Requirements for Litigants in Making a Request for Postponement:
• Requests shall be made as soon as counsel/party is aware that a reason for postponement
exists.
• Requests, except those involving an emergency, shall be made within five (5) days of the
receipt of the assignment notice.
• Requests made prior to the hearing or trial date shall be made in writing, noting a copy has
been forwarded to all counsel/parties.
• Requests shall include a statement that indicates the opposing party’s/parties’ position on
the request for postponement.
• Requests shall also include two (2) suggested dates that have been agreed upon by the
parties and assignment office within the time limits of Maryland Circuit Court Case Time
Standards.
On its own initiative, or if all parties are not in agreement to the postponement and/or dates
for rescheduling the case, the court may act upon the request ex parte or issue an order requiring
the parties to attend a scheduling conference.
Postponement requests in civil cases shall be acted upon by the county administrative judge
or the judge or magistrate scheduled to hear the case.
All postponement requests will be considered in accordance with Md. Rule 2-508 in civil
matters as justice may require.
Requests for postponements made by counsel as a result of a conflicting court date shall be
accompanied by a copy of the assignment notice of the previously scheduled case. Requests for
postponements based on conflicting court schedules or legislative duties will be considered and
granted by the court pursuant to the administrative order issued by the Court of Appeals and dated
May 15, 1995.
In the event that a trial or hearing has commenced but cannot be concluded on the scheduled
date(s) and time, the judge or magistrate presiding is authorized to continue the matter to the next
available date.
The Circuit Court for Dorchester County schedules the vast majority of cases in open court
with either a judge or magistrate presiding and in the presence of the parties and/or their counsel;
therefore, continuances are granted only in extraordinary circumstances. Great care is taken during
the scheduling process to select reasonable dates and to confirm that all parties and counsel are
available on those dates. In order to facilitate the timely disposition of cases, it is the policy of the
court to grant continuances sparingly.
ACCOMODATION under the AMERICANS with DISABILITIES ACT
The Circuit Court for Dorchester County is committed to ensuring that all people have
reasonable access to the courthouse and the services provided therein. Accordingly, we encourage
any person who requires an accommodation to inform courthouse staff either directly or through
their representative as soon as the need for an accommodation is identified. The following
Maryland Rule provides guidance in that regard.
According to Md. Rule 1-332(b)
(1) Notification of Need for Accommodation - A person requesting an accommodation under
the ADA, for an attorney, a party, a witness, a victim, a juror, or a prospective juror shall
notify the court promptly. To the extent practicable, a request for an accommodation shall
be (1) presented on a form approved by administrative order of the Court of Appeals and
available from the clerk of the court and on the Judiciary website and (2) submitted not
less than 30 days before the proceeding for which the accommodation is requested.
(2) Sign Language Interpreter. The court shall determine whether a sign language interpreter
is needed in accordance with the requirements of the ADA; Code, Courts Article, § 9-
114; and Code, Criminal Procedure Article, §§ 1-202 and 3-103.
(3) Provision of Accommodation. The court shall provide an accommodation if one is
required under the ADA. If the accommodation is the provision of a sign language
interpreter, the court shall appoint one in accordance with Rule 1-333(c).
INTERPRETERS
If any party becomes aware of the need for an interpreter for any party or witness, the party
shall promptly notify the court through the clerk’s office by using the Request for Spoken
Language 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 must also specify for whom the interpreter is needed.
PLAN APPROVAL
�/ ,
* IN THE
Plaintiff * CIRCUIT COURT
v. * FOR DORCHESTER COUNTY
* MARYLAND
Defendant * CASE NO.
* * * * * * * * * * * *
ORDER TO ATTEND CO-PARENTING EDUCATION SEMINAR
Pursuant to Maryland Rule 9-204 by the Circuit Court for Dorchester County,
ORDERED that,
1. The parties shall complete the 6-hour online or in-person Co-Parenting Education
Program.
2. The parties shall register for the Program within fourteen (14) days of the date of this
Order. For registration go online to www.Dorchester.OnlineParentingPrograms.com.
3. The Forty Dollar ($40.00) per attendee fee is to be paid in advance. Each party
shall be responsible for his/her costs only. If either party is unable to pay the above
ordered attendance fees, that party must immediately contact the Family Support
Services Coordinator, at (410) 228-1395.
4. The parties shall file proof of attendance with the Court. The proof of attendance
must be labeled with the above case number.
____________________________________
RECOMMENDED BY: Judge
______________________________
Magistrate
If the parties have any questions, they should contact the Family Support Services
Coordinator, Circuit Court for Dorchester County, 206 High Street, Cambridge, MD 21613,
Telephone Number (410) 228-1395.
You have been ordered by the Court to complete an online or in-person Co-Parenting
Education Program. The program will take approximately six hours to complete. Please do not
bring your children to the in-person Co-Parenting Education Program.
This Program will introduce you to effective parenting strategies for parents who live
separately or are divorced. In this program you will learn to deal with the emotional, social,
financial and educational impact of separation and divorce on your children. You will become
better prepared to explain divorce to your children and learn how you can help them through each
developmental stage. The Program will also focus on helping you build a constructive co-
parenting relationship and how to make healthy decisions for your children.
Separation and divorce are difficult times for parents and children. There are many
emotions involved in adjusting to this major family change and to the many decisions that need to
be made. The information in these programs are designed to promote a positive impact on your
relationship with your children and your children’s other parent.
If you are planning to attend an in-person Co-Parenting Education Program please contact
the Family Support Services Coordinator at 410-228-1395 for locations. If you prefer, you can
take this program online at www.Dorchester.OnlineParentingPrograms.com.
Jessica L. Milligan
Family Support Services Coordinator
Circuit Court for Dorchester County
Family Attachment 1.1
1 of 3
* IN THE
Plaintiff * CIRCUIT COURT
v. * FOR DORCHESTER COUNTY
* MARYLAND
Defendant * CASE NO.
* * * * * * * * * * * * *
ORDER APPOINTING COUNSEL FOR CHILDREN
This matter having come before the Court by the Circuit Court for Dorchester County,
Maryland
ORDERED, that _____________________________, telephone number
________________, is hereby appointed as a Best Interest Attorney for the minor children in
these proceedings, namely, ______________________ (d.o.b. _____________) and
______________________________ (d.o.b. ____________), in accordance with the Maryland
Standards of Practice for Court-Appointed Lawyers Representing Children in Custody Cases. A
Best Interest Attorney is a court-appointed lawyer who provides independent legal services for
the purpose of protecting a child’s best interests, without being bound by the child’s directives or
objectives; and it is further
ORDERED, that the parties shall fully cooperate with the attorney appointed herein in the
performance of the duties instructed by this Court; and it is further
ORDERED, that the attorney appointed herein shall have reasonable access to the
children and to all otherwise privileged or confidential information, including but not limited to
any protected health information, about the children, without the necessity of any further Order
of Court. The attorney’s access to privileged and confidential information shall be without the
necessity of a signed release, and shall include medical, dental, psychiatric/psychological, social
services, drug and alcohol treatment, law enforcement and educational records and information;
and it is further
2 of 3
ORDERED, that the attorney appointed herein shall be compensated as follows:
That the attorney shall be entitled to charge an hourly fee for services not to exceed
$100.00. The appointed attorney shall initially expend no more than TEN (10) hours in the
course of her representation. In the event the appointed attorney believes additional time is
needed, she shall seek the prior approval of the Court.
Payment into attorney’s trust account. PLAINTIFF, __________________, is
hereby directed to pay the attorney appointed herein, for deposit into the attorney’s trust account,
the sum of ___________________________ ($____________) within 10 days of the date of
this Order as an initial contribution towards the attorney’s fees in performance of the services
identified herein; and
Payment into attorney’s trust account. DEFENDANT, _______________________,
is hereby directed to pay the attorney appointed herein, for deposit into the attorney’s trust
account, the sum of _________________________($______________) within 10 days of the
date of this Order as an initial contribution towards the attorney’s fees in performance of the
services identified herein; and
ORDERED, that allocation of additional fees shall be determined by the Court at a
hearing on the merits of this case or upon the Petition of the attorney appointed herein; and it is
further
ORDERED, that the attorney appointed herein shall submit a petition for fees with an
itemized hourly billing statement to the Court at the conclusion of the case; and it is further
ORDERED, that absent further Order of this Court, the attorney appointed herein
shall not be required to participate in any appeal in this matter; and it is further
ORDERED, that although the minor children are not a party to this action, the attorney
appointed herein shall be entitled to engage in discovery as part of the performance of the duties
assigned herein, and to file motions or seek orders as appropriate in the fulfillment of the duties
appointed herein; and it is further
3 of 3
ORDERED, that within ten (10) days of the date of this Order, counsel for Plaintiff
and Defendant, or any party not represented by counsel, shall provide to the attorney appointed
herein copies of all pleadings and papers filed in the above action and any correspondence
between the parties or counsel for the parties; and it is further
ORDERED, that within ten (10) days of the date of this Order, each party is to provide
the attorney appointed herein the names and known addresses and telephone numbers of any and
all mental health providers who have evaluated or treated the children and anyone else with
whom the children may have a privilege pursuant to applicable law; and it is further
ORDERED, that the attorney appointed herein shall not have any ex parte
communications with the Court. In addition, the attorney/client privilege shall be respected at
all times. As such, the attorney appointed herein may not speak to the parties without the prior
permission of their respective attorneys, and the attorneys for the parties may not speak with the
children without the permission of the attorney appointed herein.
RECOMMENDED BY:
____________________________________
Magistrate
____________________________________
Judge
Family Attachment 1.2
1 of 2
* IN THE
Plaintiff * CIRCUIT COURT
v. * FOR DORCHESTER COUNTY
* MARYLAND
Defendant * CASE NO.
* * * * * * * * * * * * *
ORDER FOR MEDIATION
Pursuant to Maryland Rule 9-205, by the Circuit Court for Dorchester County, Maryland
DETERMINED that mediation of the dispute as to custody and visitation in this case is
appropriate and would likely be beneficial to the parties; and therefore it is
ORDERED that:
1. That custody and visitation shall be mediated by the parties.
2. The parties shall attend two (2) mediation sessions, each approximately two (2)
hours in length.
3. The two (2) mediation sessions must occur within sixty (60) days of this Order,
and the parties must cooperate in the scheduling and attendance at such sessions
so that such deadline can be met.
4. The parties shall contact the court-certified mediator named below by telephone
within five (5) working days from receipt of this Order to schedule this
appointment.
6. If the parties agree on the terms of an Agreement during the first two (2) sessions,
or otherwise agree to continue mediation, that shall constitute good cause shown
pursuant to Maryland Rule 9-205(c)(1) and upon the recommendation of the
mediator, the parties shall be required to participate in not more than two (2)
further mediation sessions, for the purpose of finalizing and signing said
Agreement.
2 of 2
7. The parties shall contact the court-certified mediator named below by telephone
within five (5) working days from receipt of this Order to schedule this
appointment.
Mediator Address Phone
Mid-Shore 300 Talbot Street 410-820-5553
Community Mediation Suite 206
Easton, Maryland 21601
MEDIATION SHALL OCCUR IN DORCHESTER COUNTY
UNLESS AGREED TO OTHERWISE BY THE PARTIES
All mediation sessions shall be confidential and inadmissible in any proceeding without the
consent of the parties, and in no event shall the mediator give evidence in such a proceeding
regarding mediation.
8. The court-certified mediator shall advise the Family Support Services Coordinator
of the Circuit Court for Dorchester County of the disposition of the mediation
within seven (7) days of the second mediation session.
9. If custody and visitation are not contested issues, counsel for the parties or the
parties in proper person shall certify to the Court in writing that said issue is no
longer in dispute.
10. The violation of any provision of this Order is punishable by contempt.
11. The CLERK OF THIS COURT shall promptly mail a copy of this Order to the
parties, all counsel and the designated Mediator.
____________________________________
JUDGE
RECOMMENDED BY:
___________________________________
Magistrate
Family Attachment 1.3
1 of 2
* IN THE
Plaintiff * CIRCUIT COURT
v. * FOR DORCHESTER COUNTY
* MARYLAND
Defendant * CASE NO.
* * * * * * * * * * * * *
ORDER FOR SUPERVISED VISITATION
Dorchester County Family Access Center
Upon consideration of the matter before it, it is this _____ day of ____________, 20___,
by the Circuit Court for Dorchester County, hereby
SUPERVISED VISITATION
ORDERED that, ____________________(hereinafter “visiting parent”), shall be entitled
to Supervised Visitation with the minor child: _____________________(d.o.b. ___________).
The visitation shall be held at the Dorchester County Family Access Center located at the 503
Roslyn Avenue, Cambridge, MD 21613. The visitation shall take place as scheduled by the staff
of the Family Access Center. The parties shall contact the Family Support Services
Coordinator, Telephone #(410) 228-1395 to schedule and set-up the above-referenced visitation
schedule. The visiting parent may be refused entry or denied the opportunity to
participate in the visit if he appears for visitation under the influence of alcohol or drugs,
or if his behavior is inappropriate or otherwise disruptive. Adults and children will
participate in a scheduled group activity during the supervised visitation and will not be
permitted off grounds; and it is further
ORDERED that the Dorchester County Family Access Center will submit a written report
to the Court at the end of that period on the frequency and conduct of visits; and it is further
ORDERED that the Supervised Visitation established in this Order shall be terminated if
the visiting parent does not schedule and/or undergo the intake interview with Jessica L. Milligan
within five (5) days of the date of this order; and it is further
2 of 2
ORDERED that failure of the visiting parent to attend two or more scheduled supervised
visitations/monitored exchanges, without an appropriate and verified reason or prior approval by
the Dorchester County Family Access Center, will result in the termination of the visitation rights
conferred by this Order until further order of the Court.
ALL PARTIES MUST CONTACT
Family Support Services Coordinator
Dorchester County Circuit Court
AT TELEPHONE #(410) 228-1395
WITHIN FIVE (5) DAYS OF THE DATE OF THIS ORDER
TO SCHEDULE AN INTAKE INTERVIEW.
NO VISITATION OR MONITORED EXCHANGE WILL TAKE PLACE AT THE
CENTER UNTIL BOTH PARTIES HAVE PARTICIPATED IN AN INTAKE
INTERVIEW.
___________________________________________________
If interpreters for the hearing impaired or non-English speaking individuals are needed
Family Services must be notified immediately
RECOMMENDED BY:
___________________________________
Family Magistrate
____________________________________
Judge
cc: Tamiko Collins Pinder
Administrative Assistant
Dorchester County Family Access Center
503 Roslyn Avenue
Cambridge, MD 21613
Family Attachment 1.4
1 of 2
JLM
* IN THE
Plaintiff * CIRCUIT COURT
v. * FOR DORCHESTER COUNTY,
* MARYLAND
Defendant * CASE NO.
* * * * * * * * * * * * *
ORDER FOR ALCOHOL AND/OR DRUG ABUSE EVALUATION
It is this _____ day of ____________, 20____, by the Circuit Court for Dorchester
County, Maryland,
HEREBY ORDERED, that the Defendant, ________________, shall, within fifteen
(15) days of the entry of the Order, submit to testing for substance abuse, and alcohol and/or drug
abuse evaluation, including but not limited to a SASSI evaluation through the Dorchester County
Health Department Addictions Program located at 524 Race Street, Cambridge, MD, (410)
228-7714. IT IS THE RESPONSIBILITY OF THE PARTY ORDERED TO BE TESTED,
EVALUATED AND/OR TREATED TO CONTACT THE HEALTH DEPARTMENT ON
OR BEFORE THE DEADLINE IDENTIFIED ABOVE. The Plaintiff, ______________,
shall pay for the Defendant’s test. If the Plaintiff is unable to pay the fees of these services, he
must immediately contact Family Services, at (410) 228-1395; and it is
FURTHER ORDERED, that the Dorchester County Health Department shall forward
all test results, including those that are inconclusive, to the Court within two business days after
receipt of same. The Defendant is to sign any releases necessary for the Dorchester County
Health Department to make reports to the Court; and it is
FURTHER ORDERED, that if treatment is recommended for the Defendant, that he
continue to undergo random alcohol and drug screening through the Dorchester County Health
Department Addictions Program as long as she is in a treatment program and until the
completion of that program. Any fees associated with this service shall be paid by the
Defendant when due. If the Defendant is unable to pay the fees of treatment, he must
immediately contact Family Services, at (410) 228-1395; and it is
FURTHER ORDERED, that if the Defendant does not schedule the evaluation within in
the above referenced time, the Dorchester County Health Department shall report the
non-compliance to the Court without the benefit of a signed release; and it is
2 of 2
JLM
FURTHER ORDERED, that the Court set this case in for a hearing sua sponte if the
Defendant does not comply with the Order for Drug and/or Alcohol Evaluation; and it is
FURTHER ORDERED, that a copy of the attached Order shall be sent to Donald Hall,
Dorchester County Health Department Addictions Program, 524 Race Street, Cambridge, MD
21613.
RECOMMENDED BY: ORDERED:
____________________________________ ____________________________________
Magistrate Judge
Family Attachment 1.5
1 of 2
JLM
* IN THE
Plaintiff * CIRCUIT COURT
v. * FOR DORCHESTER COUNTY
* MARYLAND
Defendant * CASE NO.
* * * * * * * * * * * * *
ORDER CONTROLLING CONDUCT PENDING CUSTODY/VISITATION
PROCEEDINGS
WHEREAS, the above-captioned case was called for a Scheduling Conference hearing
before the Family Magistrate on __________________; and
WHEREAS, the Magistrate determined that issues regarding custody and visitation are
disputed and that it is in the best interests of the minor child of these proceedings, namely,
____________________(d.o.b ___________), that the parties follow guidelines as to how to
conduct themselves during the pendency of this litigation;
IT IS THEREFORE, this _____ day of _____________, 20____, by the Circuit Court for
Dorchester County, State of Maryland,
ORDERED that the parties hereto shall conduct themselves as follows while this
litigation is ongoing:
1. You shall not criticize the other parent in the presence of the child or encourage
the child to challenge the other parent’s authority; and
2. You shall not question the child about the other parent; and
3. You shall not interfere with the other parent’s access to and communication with
the child. You shall encourage free communications between the child and the
other parent; and
4. You shall communicate directly with the other parent concerning the child, and
not require the child to deliver messages or child support payments to the other
parent; and
2 of 2
JLM
5. You shall not ask the child to communicate with the other parent regarding
visitation arrangements; and
6. You are restrained and enjoined from discussing this litigation in the presence of
or with your minor child regarding specific facts, issues or positions related to
custody or visitation in a manner that disparages the other party or with the intent
to influence the child with respect to custody and/or visitation; and
7. You shall ensure that any extended family members, friends or acquaintances
follow guidelines 1 through 6; and
8. You shall be permitted access to all school and medical records of the child; and
9. When the child is with you, you shall provide the other parent with a telephone
number and an address where the child may be reached, as well as the name,
address and telephone number of any regular child-care provider; and
10. Violations of this Order by either parent may result in contempt procedures.
RECOMMENDED BY:
____________________________________
Magistrate
____________________________________
Judge
Family Attachment 1.6
DCCC-F-004 (12/2016) Page 1 of 2 1/16/2019 3:38 PM
CIRCUIT COURT FOR DORCHESTER COUNTY, MARYLAND
206 High Street
Cambridge, Maryland 21613
Main: 410-228-0481 Fax: 410-228-1860
Case Number:
Other Reference Numbers:
__________________ VS ______________________
SCHEDULING ORDER - DOMESTIC
Pursuant to Maryland Rule 2-504, after a Scheduling Conference it is this day, ORDERED that:
DISCOVERY/DEADLINES:
Each person that any party intends to call as an expert witness to support a claim or counter-claim must be identified and
all information specified in Maryland Rule 2-402(f)(1)(A) must be disclosed to the Court and other parties at least SIXTY
(60) DAYS prior to the MERITS Trial Date. Each person that any party intends to call as an expert witness to support a
defense to a claim or a defense to a counter-claim must be identified within FIFTEEN (15) DAYS thereafter.
Any party who intends to use computer-generated evidence at trial in support of that party’s position must give notice
thereof containing the information required by Maryland Rule 2-504.3(b), except as limited in subsection (b)(2), at least
THIRTY (30) DAYS prior to the Merits Trial Date.
Unless otherwise ordered by the Court, all discovery authorized by the Maryland Rules must be undertaken so as to be
concluded (including resolution of discovery disputed at least THIRTY (30) DAYS prior to the Merits Trial Date (the
filing of a motion to compel or a motion for a protective order will not result in a general extension of the discovery
deadlines).
All pre-trial motions and all amendments to pleadings must be filed TWENTY (20) DAYS prior to the Merits Trial Date.
The deadlines contained in this Order may not be extended by agreement of counsel or the parties.
PENDENTE LITE HEARING:
This matter is scheduled for a pendente lite hearing on ____________ at __________ in Courtroom # , at the Dorchester
County Circuit Court, 206 High Street, Cambridge, Maryland 21613.
SETTLEMENT CONFERENCE:
There shall be a settlement conference before this Court on ____________ at ________ at the Dorchester County Circuit
Court, 206 High Street, Cambridge, Maryland 21613.
MERITS TRIAL DATE:
This matter is scheduled for trial on the merits on _________ at ___________ in Courtroom # , at the Dorchester County
Circuit Court, 206 High Street, Cambridge, Maryland 21613.
At least TEN (10) DAYS prior to the Trial Date, each party must file with Court:
a. That party’s list of trial exhibits. Exhibits shall be individually identified (e.g., “All medical records” will not
suffice);
b. That party’s list of witnesses;
c. Joint Statement of Marital Property in compliance with Rule 9-207, if marital property disposition or a
monetary award is requested by either party and is scheduled for determination by the Court at the trial;
____________ Vs _______________ Case Number: ____________
Other Reference Number(s):
DCCC-F-003 (12/2016) Page 2 of 2 1/16/2019 3:38 PM
d. Current (information within the past thirty (30) days) financial statements in compliance with Rule 9-203;
e. A completed proposed Child Support Guidelines worksheet in compliance with Rule 9-206, including
documents confirming the income and expenses shown thereon;
All subpoenas for witnesses must be issued for the first day of trial unless the Standing Master or Circuit Judge has given
prior permission otherwise;
PRIOR to the beginning of trial each party shall pre-mark all exhibits in cooperation with a courtroom clerk;
In case of SETTLEMENT, the Court is to be notified IMMEDIATELY.
FAMILY SUPPORT SERVICES:
The family support services may be recommended and ordered by the Court pursuant to separate Court order:
THIS SCHEDULING ORDER CONSTITUTES A NOTICE OF ASSIGNMENT AND NO FURTHER TRIAL
ASSIGNMENT NOTICES WILL BE FORTHCOMING FROM THE OFFICE
OF THE CLERK OF THE COURT.
A copy of this Scheduling Order was given to parties/counsel in the Courtroom.
cc:
Family Attachment 2
/s/
Date Judge
THE CIRCUIT COURT FOR DORCHESTER COUNTY
STATE OF MARYLAND
Administrative Order
2009-03
WHEREAS, Judges, Masters and the Clerk of this Court have noted that there is
confusion among some members of the Bar with respect to the protocol for filing an Ex
Parte Show Cause Order requesting emergency relief; and
WHEREAS, this Court finds that it would be in the interest of judicial efficiency
to formalize the protocol to be followed by those requesting ex parte relief from the
Court;
,
474
NOW, THEREFORE, IT IS HEREBY ORDERED, this
Lb
of
Se
LoVt•
2009, by the Circuit Court for Dorchester County, Maryland,
that the attached protocol for processing Ex Parte Show Cause Orders and Emergency
Relief is hereby implemented by the Circuit Court for Dorchester County, Maryland,
effective immediately; and
IT IS FURTHER ORDERED that a copy of the protocol shall be filed with the
Clerk of the Court and shall be distributed to the Standing Master, the Family Support
Services Coordinator, the Administrative Assistant to the Judge, the Judicial Law Clerk
and each member of the Bar regularly practicing in the Dorchester County Circuit Court.
Brett W. Wilson, Administrative Judge for
the Circuit Court for Dorchester County,
Maryland
Circuit Court for Dorchester County's Administrative Protocol
for Processing Ex Parte Show Cause Orders and Emergency Relief
1)
Filing of a written Petition with the Clerk of Court is a prerequisite for any
judicial consideration.
2)
The Clerk will immediately forward Petitions/Motions for Emergency or Ex Parte
Relief to the Judge's chambers identifying the urgent nature of the requested
relief.
3)
Requests for Emergency or Ex Parte Relief must:
Identify the legal basis for requesting emergency or ex parte relief.
Be supported by affidavit setting forth personal knowledge of specific
facts demonstrating the reason immediate, substantial, irreparable harm
warrants relief before an adversarial hearing can be scheduled/conducted.
Rule 15-504.
Set or waive the requirement for a bond, if a bond is required.
Detail all efforts to notify the opposing party of the (i) filing of the
Petition, (ii) the time and place the moving party intends to confer with the
court, and to reach agreement with the opposing party regarding same, or
(iii) set forth all facts explaining why the moving party would be
prejudiced if required to satisfy the notice requirement set forth in
Sections (i) and (ii) herein.
Include all known contact information regarding all respondents, including
all known addresses, telephone numbers, and/or e-mail addresses.
4)
If the Court denies the requested Emergency/Ex Parte Relief for lack of merit, the
denial shall be docketed by the Clerk. Rule 15-504(c).
If the Court finds merit in the requested relief, the Court shall schedule a
chambers conference with the parties or schedule an emergency hearing, unless
the Court is satisfied that the moving party would be prejudiced unless the Ex
Parte Order is signed in advance of said notice. The moving party must then
notify the opposing party(ies) of the time, place and purpose of the chambers
conference or hearing. If the opposing party does not appear for the conference or
hearing, the moving party shall certify in writing that notice was given to the
opposing party, or that specified efforts, commensurate with the circumstances,
were made to give notice. If necessary, the opposing party or their attorney may
be permitted to participate by telephone. The Court will determine whether
immediate relief should be granted on a temporary basis, or whether a hearing
should be scheduled as soon a possible, or both.
Request for Emergency Relief should:
Include a proposed Order to Show Cause why the emergency relief
requested should not be granted with a hearing date to be filled in by the
Assignment Clerk for service upon the opposing party or parties;
Include a Motion to Shorten Time to Answer pursuant to Maryland Rule
1-204.
Statutory Authorities:
MD Rule 1-204
MD Rule 1-351
MD Rule 15-504
"Family Attachment 3"
