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 committee held its last meeting for the current fiscal year on May 5, 2016. The following matters were discussed and will be of interest to the bar.
Random Screening: The court postponed the implementation of the random screening program that was to start in April. The random screening program is now planned to commence before the end of May.
New Courtroom Docket Procedures: The new procedures for the court calling of the criminal and traffic dockets started at the beginning of May. Attorneys are encouraged to arrive in court early for their hearings and everyone must check in with the courtroom clerks. The court is giving priority to privately retained attorneys in their criminal and traffic cases. The new procedures will work best with everyone’s cooperation.
Date on Pleadings: This has been mentioned before, but it is important to remember to put the pending court hearing date on the caption of your pleadings under the case number. The clerk’s offices get backed up and will try to give more immediate attention to pleadings that involve cases that are coming up in the near future.
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:
Reginald W. Bours
Richard D. London
To Be Announced
Committee Meetings will be held on the 1st Thursday 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.