Circuit Court for Prince George's County Document Filing Requirements

CRITICAL

Applies to

Ex parte application

An ex parte application requires a written certification that affected parties received notice or that commensurate efforts were made to provide notice.

no court order upon an ex parte application unless the moving party certifies in writing that all parties who will be effected have been given notice of the time and place of presentation or that the specified efforts commensurate with the circumstances have been made to give notice.

CRITICAL

Applies to

Complaint

A family case is initiated by filing a complaint with the Circuit Court Clerk’s Office, and most family complaints must include the completed Domestic Case Information Form.

a) File a complaint with the Court (Md. Rule 2‐111) at the Circuit Court Clerk’s Office. Most family cases are required to attach a completed Domestic Case Information Form (CC‐DCM‐001), with the complaint.

CRITICAL

Applies to

Joint statement of parties concerning marital and non-marital property

In cases with contested marital-property issues, counsel and unrepresented parties must prepare and exchange initial Rule 9-207 joint statements before the settlement conference.

In advance of any Settlement Conference, counsel and unrepresented parties are required to prepare and exchange initial drafts of a Md. Rule 9‐207 Joint Statement of Parties Concerning Marital and Non‐Marital Property in all cases with contested issues involving marital property.

CRITICAL

Applies to

Motion

The emergency-hearing motion must carry the specified title.

must be titled, MOTION FOR AN EMERGENCY HEARING.

CRITICAL

Applies to

Motion

Must include

certificate of service

An emergency-hearing motion must be accompanied by an affidavit and certificate of service detailing the emergency facts.

An affidavit and certificate of service must accompany the motion for an emergency hearing detailing the facts that give rise to the emergency.

CRITICALCivil cases

Applies to

Pretrial statement

Counsel or the parties must prepare and file a written Pretrial Statement/Trial Readiness Statement in accordance with Md. Rule 2-504.2.

Counsel or the parties shall be directed to prepare and file, no later than 5 business days prior to the Pretrial Conference, a written statement (Pretrial Statement/Trial Readiness Statement) in accordance with Md. Rule 2‐504.2.

CRITICAL

Applies to

Motion

Must include

proposed order

In CINA cases, the filing attorney should coordinate the date with the magistrate and all counsel and include the date and time on the proposed order.

In CINA cases, the attorney filing the motion should clear the date with the magistrate and all counsel and include the date and time on the proposed order.

CRITICALCivil cases

Applies to

Answer

A defendant must file a defendant’s Case Information Report with the Answer if the defendant seeks to modify the original case information report or anticipates filing a counterclaim, cross-claim, or third-party claim.

if the defendant seeks to modify any information on the original case information report, or expects to file a counterclaim, cross‐claim, or third‐party claim, he or she is required to file with the Answer a defendant’s Case Information Report.

CRITICAL

Applies to

Ex parte request

An ex parte request must include certification of notice or of efforts commensurate with the circumstances to notify the opposing side or counsel.

Md. Rule 15‐504 requires that any ex parte request be accompanied by certification of notice, or alternatively, of specified efforts commensurate with the circumstances to attempt to provide notice to the opposing side or their counsel.

CRITICAL

Applies to

Proposed Child Support Guidelines

Counsel and unrepresented parties must prepare and exchange proposed Child Support Guidelines before the settlement conference.

Also, in advance of any Settlement Conference, counsel and unrepresented parties are required to prepare and exchange proposed Child Support Guidelines

CRITICAL

Applies to

Order

At every Settlement Conference, the Court must enter an order reciting the decisions made there.

In every case at Settlement Conference, the Court shall enter an order that recites the decisions made at the Settlement Conference.

CRITICALCivil cases

Applies to

Confessed judgment complaint

A complaint for Confessed Judgment must include an affidavit and does not require a proof of service.

A complaint for Confessed Judgment requires an affidavit but no proof of service (Rule 2-611)

CRITICAL

Applies to

Line of appearance

Counsel must file a line of appearance with the Clerk’s Office before the arraignment can be removed from the calendar.

Counsel entering his/her appearance on behalf of a respondent must file a line of appearance with the Clerk’s Office in order for the arraignment to be removed from the calendar.

CRITICAL

Applies to

Answer

A defendant who seeks to modify the original case information report or anticipates a counterclaim, cross-claim, or third-party claim must file a defendant’s Family Case Information Report with the Answer.

In addition, if the defendant seeks to modify any information on the original case information report, or expects to file a counterclaim, cross‐ claim, or third‐party claim, he/she is required to file with the Answer a defendant’s Family Case Information report.

CRITICAL

Applies to

Draft guidelines

Draft guidelines must be provided to the settlement judge for use at the Settlement Conference.

The draft guidelines must be provided to the settlement judge for use in the Settlement Conference.

WARNING

Applies to

Motion

The motion should state all relevant facts, including why immediate court attention is needed.

The motion should contain all of the relevant facts including the reason why the matter needs immediate court attention.

WARNING

The Domestic Case Information Form is not required for the listed exempt family-case subtypes.

Family case subtypes exempt from filing the Domestic Case Information Form include the following: • Contempt for failure to pay child support, when filed by a government agency • Domestic violence relief under Code, Family Law Article, §§ 4‐501 through 4‐516, including Md. Rule 3‐326(c) transfer • Guardianship, other than action to terminate parental rights (Md. Rules 10‐201 through 10‐305) • Paternity, when filed by government agency (Code, Family Law Article, §§ 5‐1001 through 5‐1048)