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Court Rules

Circuit Court for Baltimore City Adjournment & Extension Requirements

39 rules from official source documents

Requirements for requesting adjournments, extensions, and continuances.

CRITICALCivil cases

A written motion to modify the scheduling order must be filed within 15 days of the order; after that period, modification requires a written motion showing good cause and diligence despite the inability to meet the schedule.

This order is subject to modification, including the scheduling of the pre-trial and settlement conference and trial, upon a written motion for modification filed within 15 days of the date of this order. Thereafter, this order may be modified only upon a written motion for modification setting forth a showing of good cause that the schedule cannot reasonably be met despite the diligence of the parties seeking modification.

CRITICALCivil cases

The scheduling order may be modified, including the dates of the pre-trial settlement conference and trial, by a written motion filed within 15 days after the order.

This order is subject to modification, including the scheduling of the pre-trial settlement conference and trial, upon a written motion for modification filed within 15 days of the date of this order.

CRITICALCivil cases

A motion seeking to shorten the response time for a discovery motion must comply with Maryland Rule 1-204.

All motions to shorten the time a party should respond to a discovery motion must be in compliance with Md. Rule 1-204.

CRITICALCivil cases

A request to reschedule a pretrial settlement conference or trial date must be made by written motion for modification filed within 15 days of the initial scheduling order setting those dates.

All requests to reschedule a Pre-Trial Settlement Conference or trial date shall be made by written motion for modification filed within fifteen (15) days of the initial scheduling order setting those dates.

CRITICALCivil cases

If exigent circumstances prevent a written modification motion, an oral motion must be made at the daily 1:45 p.m. remote electronic hearing.

If exigent circumstances prevent a motion in writing, an oral motion shall be made at a remote electronic hearing daily at 1:45 p.m. Access to that hearing can be arranged by contacting the Civil Assignment office at 410-333-3755.

CRITICALCivil cases

Modification requests based on exigent circumstances are heard at the daily postponement court session without an appointment, and exigent circumstances are limited to unforeseen developments occurring within 30 days of the pre-trial settlement conference or trial date that prevent compliance with the schedule.

Modification requests made for exigent circumstances are heard at the daily postponement court session without appointment. An “exigent circumstance” means an unforeseen development occurring within thirty (30) days of the pre-trial settlement conference or trial date which prevents compliance with the schedule.

CRITICALCivil cases

A request to change the scheduling of a motion hearing must be made at 1:45 p.m. in Room 231 Courthouse East.

Any request for changes to the scheduling of a hearing on a motion must be made at 1:45 p.m. in Room 231 Courthouse East.

CRITICALCivil cases

After the initial 15-day period, schedule modification requires a written motion showing good cause and that the schedule cannot reasonably be met despite the moving parties’ diligence.

Thereafter, this order may be modified only upon a written motion for modification setting forth a showing of good cause that the schedule cannot reasonably be met despite the diligence of the parties seeking modification.

CRITICALCivil cases

After a case is presented for trial, the Trial Judge may deny but may not grant a postponement request.

After a case has been presented to a Trial Judge for trial, the Trial Judge shall have power to deny a request for postponement, but shall not have the power to grant a postponement.

CRITICALCivil cases

The status conference may be postponed only by court order, and any postponement request must be submitted in writing by the stated deadline.

The conference may be postponed only upon order of the court. Any request to postpone the conference must be made in writing not later than .

CRITICALCivil cases

Parties must notify the mediator at least two business days before a scheduled mediation if they need to reschedule or cancel it.

If the parties must reschedule or cancel the mediation conference, they must promptly notify the mediator of this change no later than two (2) business days prior to the scheduled date.

CRITICALCivil cases

Parties must give at least two business days' notice to postpone or cancel mediation, and a party failing to do so must pay the mediator's reserved-time fee.

Parties are required to provide the mediator with at least two (2) business days’ notice to postpone or cancel mediation. If a party fails to provide the mediator with the required notice, the responsible party is required to pay the mediator his/her fee for the time reserved for mediation.

CRITICALCivil cases

Parties must notify the mediator at least two business days before rescheduling or canceling a mediation conference.

If the parties must reschedule or cancel the mediation conference, they must promptly notify the mediator of this change no later than two (2) business days prior to the scheduled date.

CRITICALCivil cases

A motion to extend time must explain the circumstances preventing timely filing and propose a date for filing the Affidavit of Compliance/Request for Judgment.

If Plaintiff anticipates that the Affidavit of Compliance/Request for Judgment will not be filed timely, Plaintiff must file a Motion to Extend the Time with an explanation of the circumstances that will prevent timely filing and a proposed date for filing the Affidavit of Compliance/Request for Judgment.

CRITICALCivil cases

All counsel and unrepresented parties must attend hearings concerning rescheduling of a trial date, pre-trial conference, other hearing date, or modification of dates in a Pre-Trial Scheduling Order.

Counsel for all parties and any unrepresented parties must attend a hearing on the rescheduling of a trial date, pre-trial conference, or other hearing date or on modification of dates in a Pre-Trial Scheduling Order.

CRITICALCivil cases

Before trial, postponement requests must be submitted only to the Judge/Special Master, who has sole authority to grant or deny them.

Prior to trial, requests for postponement shall be addressed solely to the Judge/Special Master who shall have sole authority to grant or deny same.

CRITICALCivil cases

Postponing a trial does not alter other deadlines, including discovery and summary-judgment deadlines; those deadlines change only when the JICC grants a motion to modify the Pre-Trial Scheduling Order.

A postponement of the trial date does not change any other deadlines, including the deadlines for discovery and for motions for summary judgment. Those deadlines are altered only by the JICC granting a motion to modify the Pre-Trial Scheduling Order.

CRITICALCivil cases

Except in exigent circumstances, a party seeking to modify the schedule must file a written motion with the Clerk showing good cause and diligence; the JICC decides the motion.

Thereafter, except for exigent circumstances, the schedule may be modified only upon filing with the Clerk a written motion for modification setting forth a showing of good cause that the schedule cannot reasonably be met despite the diligence of the party seeking modification. Motions for modification are decided by the JICC.

CRITICALCivil cases

A Trial Judge who considers a postponement appropriate must refer the request to the Judge/Special Master for decision.

If the Trial Judge feels that a postponement is appropriate he shall nevertheless refer the request to the Judge/Special Master for decision.

CRITICALCivil cases

A motion to extend the filing deadline or postpone the initial hearing must be filed with the Clerk at least 20 days before the hearing, explain the circumstances preventing timely filing, and propose a new filing date.

Any request to extend the time to file the Affidavit of Compliance/Request for Judgment and/or to postpone the initial hearing must be made by motion filed with the Clerk of the Court no later than 20 days before the initial hearing. Plaintiff must explain the circumstances that will prevent timely filing and propose a new date for filing the Affidavit of Compliance/Request for Judgment.

CRITICALCivil cases

If the objection remains uncured after 30 days, plaintiff's counsel and the objecting defendant's counsel must meet and confer to attempt to cure it.

If the objection is not cured within the 30 day period the plaintiff's counsel and the defendant's counsel who filed the objection to removal shall meet and confer to attempt to cure the objection.

CRITICALCivil cases

An extension request made within 90 days of the Affidavit of Compliance/Request for Judgment deadline will be granted only for exigent circumstances.

Any request to extend the deadline to file the Affidavit of Compliance/ Request for Judgment made within 90 days of its due date will be granted only for exigent circumstances.

WARNINGCivil cases

An extension based on an amended pleading, joinder of additional parties, or failure to serve a defendant will be denied unless good cause is shown for not completing that action within eight months of filing the complaint.

Therefore, a request to extend the time to file an Affidavit of Compliance/ Request for Judgment because of the filing of an amended pleading, the joinder of additional parties, or the failure to serve a defendant will be denied unless there is good cause shown for having not taken the action within 8 months of the filing of the complaint.

WARNINGCivil cases

Circumstances known or discoverable through due diligence before the 90-day period are not exigent circumstances.

Exigent circumstances do not include circumstances that are known or with due diligence would have been known prior to 90 days of the due date of the Affidavit of Compliance/ Request for Judgment.

WARNINGCivil cases

An exigent circumstance is an unforeseen development that prevents compliance with the scheduling order.

An “exigent” circumstance means an unforeseen development which prevents compliance with this order.

WARNINGCivil cases

In Track 7 Tax Sale Foreclosures, a request to extend time must be filed within ten months.

Request to extend time filed within 10 months

WARNINGCivil cases

A postponement request based on a previously scheduled vacation must be made within 10 calendar days after notification of the scheduled event.

For vacations, requests for postponement must be made within ten (10) calendar days of notification of the scheduled event;

WARNINGCivil cases

Exigent-circumstance postponements requested within 30 days of trial may be presented Monday through Friday at 1:45 p.m. by remote electronic means.

Postponements for exigent circumstances within thirty (30) days of trial may be presented Monday through Friday at 1:45 p.m. Daily postponement court is being conducted by REMOTE electronic means.

WARNINGCivil cases

Requests to postpone or advance court dates, or modify dates set in a pretrial scheduling order or other court order, must be made by electronically filed written motion or at the daily 1:45 p.m. remote postponement session.

All requests to postpone or to advance court dates or to modify dates set in a Pre-Trial Scheduling Order or other court order must be made, as provided in this policy, either by written motion electronically filed with the Clerk’s office or at the postponement court session held daily at 1:45 p.m. as a remote electronic proceeding.

WARNINGCivil cases

The daily postponement session accepts only requests to reschedule motion hearings or Track 1 merits hearings, and requests to reschedule a pretrial conference or trial within 30 days based on exigent circumstances.

Only two types of postponement requests may be made at the daily postponement court session: 11 ===== PAGE 12 ===== The Circuit Court for Baltimore City Civil Differentiated Case Management Plan • Requests to reschedule motions hearings in any type of case and merits hearings in Expedited Track (Track 1) cases, regardless of how far in advance of the hearing the request is made; and • Requests to reschedule a Pre-Trial Conference or trial date that is made within thirty (30) days of the date to be postponed based on exigent circumstances.

WARNINGCivil cases

The scheduling order, including the pretrial and settlement conference and trial dates, may be modified by a written motion filed within 15 days of the order.

(b) This order is subject to modification, including the scheduling of the pre-trial and settlement conference and trial, upon a written motion for modification filed within 15 days of the date of this order.

WARNINGCivil cases

After the initial 15-day period, schedule modification requires a written motion showing good cause and that the schedule cannot reasonably be met despite the requesting parties' diligence.

Thereafter, this order may be modified only upon a written motion for modification setting forth a showing of good cause that the schedule cannot reasonably be met despite the diligence of the parties seeking modification.

WARNINGCivil cases

Good cause does not include information that should have been discovered within eight months of filing the complaint.

Good cause does not include discovering information that should have been discovered within 8 months of filing the complaint.

WARNINGCivil cases

A postponement request should be made by calling the Civil Assignment Office well before 1:45 p.m.

Please call the Civil Assignment Office (410-333-3755) well in advance of 1:45 p.m. to provide the information for the postponement request.

WARNINGCivil cases

A party may appear alone at the daily postponement court session and request modification despite reasonable unsuccessful efforts to obtain another party’s or counsel’s attendance, provided exigent circumstances exist and the party explains those efforts.

If a party or counsel is unable to obtain the attendance of another party or counsel at the daily postponement court session despite reasonable efforts to do so and if exigent circumstances exist, the party may appear and make the request together with an explanation of the party’s efforts to obtain the attendance of the other party.

WARNINGCivil cases

An exigent circumstance is an unforeseen development occurring within 30 days of the pre-trial conference or trial date that prevents compliance with the scheduling order.

An “exigent circumstance” means an unforeseen development occurring within 30 days of the pre-trial conference or trial date which prevents compliance with this order.

WARNINGCivil cases

If exigent circumstances prevent a written modification motion, an oral motion may be made at the daily remote electronic hearing at 1:45 p.m.

If exigent circumstances prevent a motion in writing, an oral motion shall be made at a remote electronic hearing daily at 1:45 p.m.

WARNING

By consent and without a court order, participants may agree to extend a filing deadline when a technical problem would cause the deadline to be missed.

In such an event, Participants may, by consent and without the necessity of an order of court, agree to an extension of a filing deadline.

INFOCivil cases

The Court may permit Plaintiff additional time to locate or provide an unavailable item upon motion and when that item was not reasonably available when the filing was made.

The Court may on motion allow Plaintiff additional time to locate and/or provide any of the items listed in subparagraphs (a) through (g) above, to the extent that such item was not reasonably available to Plaintiff at the time of filing.

Common questions about Circuit Court for Baltimore City adjournment & extension requirements

How do I request an adjournment or extension in Circuit Court for Baltimore City?

The request must include reason for request. A written motion to modify the scheduling order must be filed within 15 days of the order; after that period, modification requires a written motion showing good cause and diligence despite the inability to meet the schedule.

View ruleOfficial source Source: page 17, section PRE-TRIAL SCHEDULING ORDER

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