The Circuit Court will enter Phase 5 of the statewide reopening plan on Monday, October 5. This is the final phase in the reopening process. Civil and criminal jury trials will resume at that time. All policies and procedures from the Montgomery County Circuit Court Reopening Plan – Phase 4 will remain in place, with the following modifications:
- Effective October 2, 2020, the policy making all active judges plea-eligible in criminal cases is terminated. Only judges in the Criminal Rotation, the Administrative Judge, Resolution Conference judges, or an assigned trial judge on the day of a scheduled trial may hear guilty pleas.
- All documents sought to be admitted as exhibits in civil and criminal jury trials must be submitted to the court on the day of trial, with copies for the court, opposing counsel, and all jurors.
- Copies of proposed voir dire questions and jury instructions in all civil and criminal jury trials must be submitted to the court at least one week in advance of trial.
- A video conference station within the courthouse has been established for the use of self-represented litigants who do not have access to wi-fi, own a smartphone, computer, or other device able to support video conferencing.
- Other than employees, only litigants, their attorneys, and testifying witnesses will be permitted in the courthouse, unless previously cleared with the presiding trial judge. For other courthouse visitors, appointments are necessary, including to view files, or to visit any department/other agency in the courthouse.
- Hours for the Maryland Avenue entrance to the courthouse will be extended on Tuesdays, Wednesdays, and Thursdays to accommodate sanctioned after-hours activity.
Until physical distancing and indoor capacity restrictions are eased, it is anticipated that current limitations and restrictions regarding the Law Library, Clerk’s Office, Family Law Self-Help Center, Licensing Department, and other courthouse offices will continue. The court will continue to encourage the use of Zoom for Government for many types of proceedings, including non-jury trials, whenever possible. Please visit the court’s COVID-19 information page for further information on licensing, review of case files, courthouse access, and the conduct of jury trials.
Proceedings
Non-jury, in-person civil trials may resume during this period, and it is anticipated that there will be greater courthouse traffic. While it would be the preference to hear some of these matters in-person, wherever possible the court will consider remote hearings. The following matters will be heard:
Civil
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In Person
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Remote
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Appeals from peace orders
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Attorney disciplinary proceedings
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Bench Trials
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Body attachments
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Contempt hearings related to peace orders
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Default hearings
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Emergency Evaluation Petitions (EEPs)
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Extreme Risk Protective Order (ERPO) appeals
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Jury Trials
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Motions on 10 a.m. daily docket, and Register of Wills cases
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Motions regarding ERPOs and peace orders
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Motions requiring testimony
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Non-jury trials and de novo appeals
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On-the-record appeals
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Quarantine and isolation petitions
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Scheduling/status conferences
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Settlement hearings
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Temporary Restraining Orders (TRO)
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Criminal
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In Person
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Remote
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Arraignments for detained defendants
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Bail reviews/bench warrants
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Bench Warrants
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Competency and criminal responsibility - no witnesses
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Criminal competency matters
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Deferred sentencing - non-incarcerated cases
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Deferred sentencings
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Discovery and Hicks issues
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Emergency habeas corpus petitions
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Expungements
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Extradition cases
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Jury prayer status hearings
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Jury trials
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Matters involving locally incarcerated defendants
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Motions
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Non-jury trials
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Non-Track 4 Bond Reviews
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Plea agreements - without incarceration - deferred sentencings
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Post-conviction hearings
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Pretrials in Track 1, 2, and 3 Cases - Track 1 pretrials
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Remote motions, or those without testimony
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Rule 4-215 Initial Appearance Hearings in Track 2, 3, and 4 Cases
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Search Warrants - after business hours
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Search Warrants - during business hours
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Three (3) judge panel reviews
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Track 2 and 3 cases
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Violations of probation
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Family
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In Person
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Remote
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1F1J case status conference
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Adoptions
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Child support contempt (MCOCSE)
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Contempt hearings related to protective orders
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Contempts
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Court-ordered mediations
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Domestic violence protective orders
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DV, peace and ERPO appeals
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Emergency issues in guardianship matters
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Establishment of child support (MCOCSE)
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Exceptions hearings not involving testimony
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Family law emergencies, including time urgent matters related to special juvenile immigrant status
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Hearings and trials
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Mediations - divorce and custody matters
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Motions regarding domestic violence protective orders
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Motions requiring testimony
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Non-emergency guardianship hearings
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Non-emergency guardianships
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Pendente lite hearings
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Scheduling and status hearings
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Settlement hearings
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SJIS cases
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Temporary Domestic Violence Petitions
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Uncontested divorces and other uncontested matters
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Juvenile Delinquency/CINA
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In Person
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Remote
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Adjudication - no witnesses
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Adoptions of CINA and TPR juveniles
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All contested matters requiring testimony including adjudications
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CINA adjudications, dispositions, permanency plans, permanency plan reviews
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CINA matters
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Closure of juvenile probation
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Closure of probation
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Delinquency reviews
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Disposition and disposition reviews
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Dispositions by consent
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Emergency delinquency hearings
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Emergency delinquency matters
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Exceptions hearings - Will be heard remotely
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Exceptions hearings, no testimony
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First appearances
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Guardianships under juvenile causes
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Juvenile and adult sex offender registration matters
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Juvenile detention hearings
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Juvenile expungements
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Juvenile expungements not requiring testimony
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Juvenile permanency plan and permanency plan reviews
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Juvenile permanency plans and reviews if not contested
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Juvenile waivers - no testimony
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Motions
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Peace order petitions (juvenile respondents)
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Shelter care hearings
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TPR by consent
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TPR hearings - contested
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Uncontested CINA matters including adjudications, dispositions and reviews
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Waiver hearings, to and from Juvenile Court
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