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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

There are several items this month of interest to the Bar.

Criminal Matters

A. Fingerprinting

Counsel can expect to experience orders for fingerprinting of defendants more frequently. This will come into play if the defendant was not fingerprinted when charged, if the offense is one that requires fingerprinting. This was a pre-existing requirement that was not always enforced but will be better enforced going forward.

B. Public Defender Eligibility

While the issues with the new policy for Commissioners processing Public Defender eligibility are being worked out, there will be delays that the Court is working to address.

Counsel should also be aware that if there is a private attorney already representing the applicant for eligibility in another criminal matter, the person will not be able to be qualified at the time.

Domestic Violence and Peace Orders

 A.     Shielding Court Records

Starting in November, there will be a new shielding docket.  This is primarily for domestic violence cases and peace orders. The new docket will be in Courtroom 512 in Rockville on Mondays, Wednesdays and Thursdays.

 B.     Supervised Visitation and Exchange of Children

There is a new county program starting up in November for supervised visitation and exchange of custody of children. This will allow a safe environment for parents for supervised visitation and exchange of custody. A safe passage center which will be provided as a free program in Rockville. The center will also provide staff and transportation for some people.

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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

December 27, 2017
January 31, 2018
February 28, 2018
March 28, 2018
April 25, 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.