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
The District Court Bench Bar Committee meets on the first Thursday of each month unless special dates are required. The membership includes Kathy Knight, District Court Supervisor, SAO, John Lavigne, OPD Supervisor, a representative of the County Attorney, the Co-Chairs of the Committee and private attorneys who have registered as members.
Governor Hogan has appointed three new judges to the Montgomery County District Court. For information on the new judges, please visit http://tinyurl.com/gwv7mtu.
Congratulations to Judges Koch, Sabett and Gelber, and welcome to the Bench.
Mental Health Court
The Mental Health Court is in operation and handling cases. There is a docket every Thursday in Rockville. Judge Mitchell is the presiding Judge.
Referrals (with consent of the defendant) may be made by attorneys or relatives, for someone with pending charges or violation of probation. The defendant should be a Montgomery County resident. If there are other pending charges on the defendant, they will be consolidated if possible. The staff coordinator responsible for the program is Maxine Curtis. The case manager is Jewel Scott.
Maxine Curtis – Coordinator -- (301) 583-8890
Attorneys have not been using the most recent forms. Oftentimes former forms can be used until you reorder. However some must be used when they are released. The use of former forms is limited. Obsolete forms are being rejected. An example is that attorneys must use the current garnishment forms, rather than prior versions. You should check the State District Court website to determine the forms in use.
When sending in filings for processing by the clerk, please include a copy for each defendant so that the clerk will not have to make copies.
Landlord and Tenant
Section 29.16 of the Montgomery County Code requires the Landlord to list their Montgomery County license number on Complaints such as Complaints for Summary Ejectment.
Issues have arisen in the past on stale non-military affidavits. If your affidavit is within the last year when the claim is considered for affidavit or default judgment, you should be o.k. Otherwise, you should file a new one.
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: