Print Page   |   Contact Us   |   Sign In   |   Join BAMC
Bench Bar -- District Court
Share |
Annual Meeting &Law Day
Bench Bar -- Circuit Court
Bench Bar -- District Court
Community Outreach
Fee Dispute Resolution
Judicial Selections Panel
Lawyer to Lawyer
Lawyer Referral Service
Leadership Development Academy
Legal Ethics

Legislation

Membership Benefits
Mentor/Mentee
Nominations &Elections
Social
Softball
Specialty Bar Associations
Strategic Planning
Social Media/
Technology
Youth Courthouse Project

Random Entry Screening Procedure
      The District Court of Maryland for Montgomery County will institute in the month of April, 2016 a Random Entry Screening Procedure for all persons who enter the District Court for Montgomery County for the Rockville (191 E. Jefferson Street) and Silver Spring (8552 Second Avenue) locations.
Random Entry Screening Procedure

 

District Court Bench Bar Committee

 

JUDICIARY CLOSING DATES:
There is a statewide Judicial Conference June 12, 13 and 14. Hearings will not be scheduled for those dates. The court will only be conducting emergency matters.

~

These are notes from the District Court bench bar meeting on Thursday, April 20, 2017 presided by Judge Wolfe

Civil issues:

Attorneys are asking for dismissal after a judgment has already been entered in a particular case. This is not possible.

Attorneys are asking to amend judgments after the applicable time period has already expired, for example, the deadline for revisory power of the court.   

Attorneys are filing a line that a judgment is paid and satisfied even when there has been no judgment.

Regarding settlement, it is particularly important that a line informing the District Court that a case has been settled include the current trial date in the caption of the line itself. Unless this is done, a settlement line may not be filed before the court date.

The Court complains that too many attorneys are asking that copies of filed pleadings be stamped and returned to the attorney in an enclosed envelope that is in fact not enclosed. Additionally, it is unlikely that envelopes lacking postage will be mailed to the attorneys in question.

Orders of court.

In all criminal traffic and similar cases, motions for relief should be accompanied with a proposed order of court. If a judge denies or changes the proposed order of court, a copy will be mailed to the attorney. If the proposed order of court is simply signed as is, no copies will be sent to the attorney. Although Judge Wolfe believes all orders should be sent, this is a statewide practice and he is unable to change the practice in Montgomery County alone.

Attorneys using drug and alcohol education or treatment programs should carefully review the website:

Judicial Retirements.

The Honorable Gary Evengam has been officially retired although may be working with MDEC from time to time.

The Hon. Barry Hamilton has put in his notice for full retirement.

Eugene Wolfe will be retiring officially on June 30, 2016. Judge Wolfe is the current administrative judge for the Montgomery County District Court, and applications are being submitted for a replacement.

All three vacancies have been announced previously in the Newsletter and the BAMC Judicial Selections Committee will be interviewing applicants beginning on June 22, 2017.

Mental Health Court

The court is trying to obtain an additional “half" case manager to assist in the paperwork. Mental Health Court currently has 40 active participants and there are 12 more applications in the pipeline. Mental Health Court personnel, attorneys and judges are working the cases from 9:00 a.m. on Thursday until all participants are finished during the Thursday afternoon sessions in Courtroom 412 of Rockville.

Differentiated case management, District Court version

It is likely that there will soon be several proposals to adopt case management criteria for District Court cases that are similar to Circuit Court cases. Judge Wolfe believes that our District Court is currently doing a good job in meeting all guidelines for case completion, and the greatest problem area is in DUI cases. Even so, 70% of the DUI cases are being concluded within the time required by State guidelines. All other categories of Montgomery County cases are 90% or greater.

 ~

DISTRICT COURT PRACTICE POINTERS
      • Dismissal Upon Stipulated Terms:
       It was traditional in civil matters, that if the parties reached a settlement by the court date but were not able to either complete the settlement or finalize the settlement agreement, attorneys would ask for the case to be “passed for settlement”.  It has been a long time since this procedure has been followed.  Due to case management and docket control issues, cases can not be left open.  
     To address the concern about reaching a settlement under circumstances where the Defendant wants to settle, but does not want a judgment entered, and the Plaintiff wants to have the ability to enforce the claim if there is a default under the settlement, Rule 3-506(b) was created to permit the parties to enter into a settlement agreement without entering a judgment against the Defendant, but still protecting the Plaintiff in the event that the settlement is not complied with.  

Rule 3-506. Voluntary dismissal

     (b) Dismissal upon stipulated terms. If an action is settled upon written stipulated terms and dismissed, the action may be reopened at any time upon request of any party to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief.

Note the following in connection with 3-506(b) dismissal:
     1. There is no comparable rule in Circuit Court, this rule is only applicable to District Court.  
     2. The rule requires that the settlement stipulation be on written stipulated terms.  The parties should create a memorandum of the agreement rather than requesting it to be dismissed without any written agreement that is signed by the parties.
     3. The action may be reopened at any time upon the request of any parties to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief.
     4. Even though the case is entered as dismissed on the docket pursuant to the stipulated terms, the court requests that once a settlement is performed, the other party file a pleading to that effect, so that the record will reflect that the settlement has been satisfied. 
     5. A suggested form for a dismissal under this rule can be found at:
http://www.courts.state.md.us/district/forms/civil/dccv021.pdf

Co-Chairs

Reginald W. Bours
Richard D. London

 

Meeting
Dates

September 6, 2017
October 4, 2017
November 1, 2017
December 6, 2017
January 3, 2018
February 7, 2018
March 7, 2018
April 4, 2018

May 2, 2018

Committee Meetings will be held on the 1st Wednesday of the month (September - May) at 8AM in the Judges Conference Room in the District Court building, 191 East Jefferson St., Rockville, MD, unless otherwise noted.