Understanding DCM (Continued from page 21)
and discuss mediation. Similar to Balti- more County Circuit Court, medical malpractice and product liability cases are not routinely specially assigned to a judge.42
A scheduling order, which sets forth
discovery deadlines, a pre-trial conference date and trial date, is issued in all cases except for those cases on the Expedited Track.43
Requests to modify or extend a
scheduling order’s deadline must be by motion and should include an order with a proposed schedule of dates. The mo- tion should advise the court if all counsel agree to the proposed schedule. The court will permit a postponement within 30 days of a trial date for exigent circum- stances only. The court defines “exigent circumstances” as “an unforeseen devel- opment occurring within 30 days of the pre-trial conference or trial date which prevents compliance with the schedule.”44 The court permits postponement requests to be made daily without appointment at 1:45 p.m. in Room 511 of the Clarence M. Mitchell, Jr. Courthouse. Bentley reported that since 1999 cer- tain categories of cases receive an order for mediation along with the scheduling order. They are:
• Worker’s compensation cases • Employment disputes • Contract cases • Insurance cases
42Id. 43Id.
44
Baltimore City Circuit Court, Differentiated Case Management System (2001), available at
http://www.baltocts.state.md.us/civil/ scheduling.htm
• Business/commercial cases • Environment cases
The two-hour mediation process must be completed thirty days prior to the close of discovery. When asked if media- tion would be more effective if conducted after discovery closed, Bentley responded that many cases settle even though discov- ery is not finished. Bentley reported that the mediation program has been successful in resolving cases. She was unable to pro- vide statistics for the success of the mediation program, but reported that Bal- timore City Circuit Court keeps a database of cases mediated. She also added that the University of Maryland School of Law is presently analyzing the outcomes of 400 worker’s compensation cases referred to mediation from April 2000 to June 2001. All cases, however, are scheduled for a settlement/pre-trial conference prior to trial.46
A volunteer mediator or judge handles the settlement conference. Un- like mediation, no fee is charged for the settlement conference.47
Bentley ex-
plained that the case is made available to the mediator or judge before the session.
45
Telephone interview with Marilyn Bentley, Associate Administrator, Baltimore City Cir- cuit Court (Dec. 28, 2001).
46
Baltimore City Circuit Court, Differentiated Case Management System (2001), available at
http://www.baltocts.state.md.us/civil/ dcm.htm; Telephone interview with Marilyn Bentley, Associate Administrator, Baltimore City Circuit Court (Dec. 28, 2001).
47Id. 48
Telephone interview with Marilyn Bentley, Associate Administrator, Baltimore City Cir- cuit Court (Dec. 28, 2001).
If a party has a conflict with the time sched- uled for mediation, or if the party feels that mediation will not help resolve the case, then the party must file a motion with the court.45
Bentley reported that cases are tried on the date they are scheduled. It is rare that a case is held over or postponed by the Court. She explained that the court clerk calls the parties a day before a trial date to obtain the expected length of trial and to insure that there are no scheduling issues. A judge is assigned the day before or the morning of the trial.48
Like the other DCM coordinators, Bentley advises attorneys litigating in Baltimore City Circuit Court to read the scheduling orders issued in their case and file timely motions to modify deadlines. Additionally, attorneys can review Balti- more City’s DCM system by logging on to the Baltimore City Circuit Court web- site at
http://www.baltocts.state.md.us/ index.html. Before filing suit in any jurisdiction, attorneys should review the court’s DCM plan by calling the clerk’s office or check- ing online. In addition to having a civil DCM plan, many jurisdictions have DCM plans for domestic and criminal cases. The following circuit court websites contain information about their DCM systems:
1. Anne Arundel County Circuit Court
http://www.circuitcourt.org/ Civil%20Law/
plan_2000.htm
2. Baltimore City Circuit Court
http://www.baltocts.state.md.us/ civil/
dcm.htm
3. Baltimore County Circuit Court
http://www.co.ba.md.us/p.cfm/ agencies/circuit/
civilmgmtplan.cfm
4. Montgomery County Circuit Court
http://www.co.mo.md.us/ judicial/circuit/services/crtadmin/ admin/
admin.html
5. Prince George’s County Circuit Court
http://www.co.pg.md.us/ judicial/administration/
dcm_civ.html
Conclusion As a result of DCM, courts play an
active role in case processing. Courts have an absolute duty to both litigants and ju- rors to efficiently adjudicate disputes. A court’s case management system can help cases settle before expense and time is wasted, conserve the juror pool and mini- mize juror frustration, and improve the public’s overall attitude toward the justice system and quality of legal service. The civil DCM systems of the circuit courts vary considerably, so it is important to be familiar with a court’s DCM system prior to filing suit. Doing so could help you manage your case and your client’s expec- tations more effectively.
22 Trial Reporter Summer 2002
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