Rule 16-302. Assignment of Actions for Trials; Case Management Plan; Case Management Special Magistrate

(a) Generally. Subject to section (d) of this Rule, the County Administrative Judge in each county shall supervise the assignment of actions for trial in a manner that maximizes the efficient use of available judicial personnel, brings pending actions to trial, and disposes of them as expeditiously as feasible.

(b) Case Management Plan; Information Report.

(1) Development and Implementation .

(A) The County Administrative Judge shall develop and, upon approval by the Chief Justice of the Supreme Court, implement a case management plan for the prompt and efficient scheduling and disposition of actions in the circuit court. The plan shall include a system of differentiated case management in which actions are classified according to complexity and priority and are assigned to a scheduling category based on that classification and, to the extent practicable, follow any template established by the Chief Justice of the Supreme Court.

(B) The County Administrative Judge shall send a copy of the plan and all amendments to it to the State Court Administrator. The State Court Administrator shall review the plan or amendments and transmit the plan or amendments, together with any recommended changes, to the Chief Justice of the Supreme Court.

(C) The County Administrative Judge shall monitor the operation of the plan, develop any necessary amendments to it, and, upon approval by the Chief Justice of the Supreme Court, implement the amended plan.

strator. The State Court Administrator shall review the plan or amendments and transmit the plan or amendments, together with any recommended changes, to the Chief Justice of the Supreme Court.

(C) The County Administrative Judge shall monitor the operation of the plan, develop any necessary amendments to it, and, upon approval by the Chief Justice of the Supreme Court, implement the amended plan.

(2) Family Law Actions .

(A) The plan shall include appropriate procedures for the granting of emergency relief and expedited case processing in family law actions when there is a credible risk of imminent abduction of a child or a credible prospect of imminent and substantial physical or emotional harm to a child or susceptible or older adult.

Committee note: The intent of subsection (b)(2) of this Rule is that the case management plan contain procedures for assuring that the court can and will deal immediately with a credible risk of imminent abduction of a child or a credible prospect of imminent and substantial physical or emotional harm to a child or susceptible or older adult, at least to stabilize the situation pending further expedited proceedings. Circumstances requiring expedited processing include threats to imminently terminate services necessary to the physical or mental health or sustenance of the child or susceptible or older adult or the imminent removal of the child or susceptible or older adult from the jurisdiction of the court.

Cross reference: See Code, Estates and Trust Article, § 13-601 for definitions of the terms “older adult” and “susceptible adult.”

(B) In courts that have a family division, the plan shall provide for the implementation of Rule 16-307.

Cross reference: See Rule 9-204 for provisions that may be included in the case management plan concerning an educational seminar for parties in actions in which child support, custody, or visitation are involved.

cle, § 13-601 for definitions of the terms “older adult” and “susceptible adult.”

(B) In courts that have a family division, the plan shall provide for the implementation of Rule 16-307.

Cross reference: See Rule 9-204 for provisions that may be included in the case management plan concerning an educational seminar for parties in actions in which child support, custody, or visitation are involved.

(3) Guardianship Actions . The plan shall include appropriate procedures for expedited case processing pursuant to Code, Estates and Trusts Article, § 13-705(f) and Rule 10-201 (b) and (f).

Committee note: The intent of subsection (b)(3) of this Rule is that the case management plan contain procedures for non-emergency expedited case processing for guardianships of the person of disabled adults in connection with medical treatment.

(4) Special Immigrant Juvenile Status Matters . The plan shall include appropriate procedures for expedited case processing for petitions and motions for findings or determinations of fact necessary to a grant of Special Immigrant Juvenile Status for the purposes of 8 U.S.C. § 1101(a)(27)(J).

(5) Virtual Jury Trials . In any jurisdiction where the County Administrative Judge deems it appropriate, the plan shall include procedures for the operation of virtual jury trials. The plan shall consider each phase of a trial and the roles of the judge, courtroom clerk, bailiff, jury office, clerk's office, and Information Technology department. The plan for conducting a virtual jury trial shall include:

(A) categories of civil actions eligible for virtual jury trials; Committee note: Examples of categories that courts may consider eligible for virtual jury trials include motor torts, slip and fall cases, and contract disputes

roles of the judge, courtroom clerk, bailiff, jury office, clerk's office, and Information Technology department. The plan for conducting a virtual jury trial shall include:

(A) categories of civil actions eligible for virtual jury trials; Committee note: Examples of categories that courts may consider eligible for virtual jury trials include motor torts, slip and fall cases, and contract disputes.

(B) criteria to evaluate and determine which cases are appropriate for virtual trials;

Committee note: Examples of criteria to determine a case's suitability for a virtual trial include the number of plaintiffs and defendants, the number of parties that require translation services, and the complexity of legal issues raised.

(C) procedures for summoning jurors;

(D) methods to determine whether prospective jurors have access to technology with which to participate and the ability to participate in a private space;

(E) alternative means, if available, to offer prospective jurors that lack the ability to participate virtually;

Committee note: Alternative means may include providing each juror a technological device to use throughout the virtual proceedings or providing a secluded location, such as a conference room inside the courthouse or other remote location pursuant to Rule 21-102 (g), within which jurors may participate.

(F) exhibits and evidence management;

(G) technical training for bailiffs or other designated court personnel to assist prospective jurors with technical issues during check-in, trial, and deliberations; and

(H) measures to provide public access to virtual trials pursuant to Rule 21-104 (g).

Committee note: The intent of subsection (b)(5) of this Rule is to allow for the possibility of remote electronic participation where appropriate, pursuant to the Seventh Administrative Order Restricting Statewide Judiciary Operations Due to the COVID-19 Emergency issued by the Chief Judge of the Court of Appeals on December 22, 2020, and any subsequent orders issued by the Court

Rule 21-104 (g).

Committee note: The intent of subsection (b)(5) of this Rule is to allow for the possibility of remote electronic participation where appropriate, pursuant to the Seventh Administrative Order Restricting Statewide Judiciary Operations Due to the COVID-19 Emergency issued by the Chief Judge of the Court of Appeals on December 22, 2020, and any subsequent orders issued by the Court.

Cross reference: See Title 21 of these Rules and Rule 16-309 for provisions that may be included in the case management plan concerning the operation of virtual jury trials.

(6) Consultation . In developing, monitoring, and implementing the case management plan, the County Administrative Judge shall (A) consult with the Administrative Office of the Courts and with other County Administrative Judges who have developed such plans, in an effort to achieve as much consistency and uniformity among the plans as is reasonably practicable, and (B) seek the assistance of the county bar association and such other interested groups and persons as the judge deems advisable.

(7) Information Report . As part of the plan, the clerk shall make available to the parties, without charge, a form approved by the County Administrative Judge that will provide the information necessary to implement the case management plan. The information contained in the information report shall not be used for any purpose other than case management. The clerk of each circuit court shall make available for public inspection a copy of any current administrative order of the Chief Justice of the Supreme Court exempting categories of actions from the information report requirement of Rule 2-111 (a).

implement the case management plan. The information contained in the information report shall not be used for any purpose other than case management. The clerk of each circuit court shall make available for public inspection a copy of any current administrative order of the Chief Justice of the Supreme Court exempting categories of actions from the information report requirement of Rule 2-111 (a).

(c) Additional Features of Case Management Plan. As part of the case management plan, the County Administrative Judge shall adopt procedures consistent with the Maryland Rules designed to:

(1) eliminate docket calls in open court;

(2) ensure the prompt disposition of motions and other preliminary matters;

(3) provide for the use of scheduling and pretrial conferences, and the establishment of a calendar for that purpose, when appropriate;

(4) provide for the prompt disposition of uncontested and ex parte matters, including referrals to an examiner or magistrate, when appropriate;

(5) provide for the disposition of actions under Rule 2-507;

(6) to the extent permitted by law and when feasible and approved by the presiding judge, provide for non-evidentiary hearings to be conducted by telephonic, video, or other electronic means;

(7) establish trial and motion calendars and other appropriate systems under which actions ready for trial will be assigned for trial and tried, after proper notice to parties, without necessity of a request for assignment from any party; and

Cross reference: See Rule 16-303 (Motion Day).

(8) establish systems of regular reports that will show the status of all pending actions with respect to their readiness for trial, the disposition of actions, and the availability of judges for trial work.

for trial will be assigned for trial and tried, after proper notice to parties, without necessity of a request for assignment from any party; and

Cross reference: See Rule 16-303 (Motion Day).

(8) establish systems of regular reports that will show the status of all pending actions with respect to their readiness for trial, the disposition of actions, and the availability of judges for trial work.

(d) Case Management Special Magistrate.

(1) Generally. The Chief Justice of the Supreme Court may appoint one or more senior judges as case management special magistrates to develop and implement a consolidated case management plan for the prompt and efficient scheduling and resolution of actions in multiple circuit courts that would benefit from consolidated case management.

Cross reference: See Md. Const. Article IV, § 18 (Powers and Duties of Chief Justice of Supreme Court of Maryland); Rule 16-102 (Chief Justice of the Supreme Court); and Rule 16-108 (Assignment of Judges).

(2) Development and Approval of Consolidated Case Management Plan. The case management special magistrate shall develop for review and approval by the Chief Justice of the Supreme Court one or more consolidated case management plans that identify the actions subject to a plan. In developing, implementing, and monitoring a consolidated case management plan, the case management special magistrate shall consult with the administrative judges in the jurisdictions subject to the consolidated case management plan.

evelop for review and approval by the Chief Justice of the Supreme Court one or more consolidated case management plans that identify the actions subject to a plan. In developing, implementing, and monitoring a consolidated case management plan, the case management special magistrate shall consult with the administrative judges in the jurisdictions subject to the consolidated case management plan.

(3) Contents of a Consolidated Case Management Plan. A consolidated case management plan may include provisions pertaining to one or more of the following matters:

(A) appointment of liaison counsel or a steering committee;

(B) scheduling;

(C) pleadings practice;

(D) discovery;

Committee note: A case management special magistrate's role in discovery may include, for example, coordination of discovery among actions pending in multiple jurisdictions, standardization of discovery requests, methods for the conduct of physical and mental examinations and inspection of locations, phasing of discovery, and joint noticing and conduct of single depositions of common witnesses for related cases.

(E) motions practice;

(F) alternative dispute resolution and settlements;

(G) procedures to minimize duplication of proceedings and inconsistency in legal ruling among multiple jurisdictions; and

(H) other provisions as necessary or desirable for the efficient resolution of pending actions.

(4) Implementation of Consolidated Case Management Plan. Upon approval by the Chief Justice of the Supreme Court, the case management special magistrate shall implement the plan. Actions subject to an approved consolidated case management plan are governed by the plan and are not governed by the circuit court case management plan otherwise applicable.

r the efficient resolution of pending actions.

(4) Implementation of Consolidated Case Management Plan. Upon approval by the Chief Justice of the Supreme Court, the case management special magistrate shall implement the plan. Actions subject to an approved consolidated case management plan are governed by the plan and are not governed by the circuit court case management plan otherwise applicable.

(5) Modification and Termination. Upon recommendation by the case management special magistrate or on the Chief Justice of the Supreme Court's own initiative, the Chief Justice may modify or terminate the appointment of the case management special magistrate or a proposed or implemented consolidated case management plan.