Information for Self -Representing Litigants
Calvert County Circuit Court
Circuit Court does not have forms for all types of legal issues. Many issues brought to Circuit Court are very complicated and it is highly recommended that you seek advice from an attorney. However, some forms are available. Family Law Forms regarding the issues of Divorce, Child Support, Custody, Visitation and Change of Name are available on line at the Clerk’s Office or on line at www.mdcourts.gov.
Filing Fees: Original Case - $105.00 ($80.00 Clerk, $25.00 MLS)
Reopen Case - $25.00 (contempt, modification, or otherwise reopen)
BEFORE YOU FILE YOUR COMPLAINT, READ THE GENERAL INSTRUCTIONS REGARDING THE SPECIFIC FORMS YOU ARE USING- COPIES ARE AVAILABLE ON THE COURT’S WEBSITE OR AT THE CLERK’S OFFICE.
To File a Complaint or Petition:
1. Complete forms fully. Provide addresses for all parties involved. All Plaintiffs must sign complaint.
2. Pay filing fees or submit a Motion to Waive Pre-payment of Filing fees.
If fees are paid, the complaint will be date stamped and processed. If a waiver is requested, only the Motion To Waive will be processed. Case will be initiated and the request for prepayment waiver sent to the Judge for ruling. If the Motion is denied, the case is closed until payment is received. If the Motion to Waive Prepayment is granted court costs are due upon termination of the case.
3. Always submit an original complaint plus one copy of the complaint for EACH defendant that must be served. Keep a copy of the Complaint and any other papers filed for yourself. If copies have to be made by the Clerk, they are .25 cents per page.
4. Complete a case information sheet. This sheet provides information that the court needs in order to properly schedule.
5. The Clerk will prepare 3 copies of the summons for each defendant to be distributed as follows: 1 copy is for the case file, 1 copy is served upon the Defendant, along with a copy of the complaint and information sheet, 1 copy is returned to the court file along with Sheriff’s return or Affidavit of Service/Non-service by Certified Mail or Private Processor.
6. Give instructions to the Clerk as to how the Complaint will be served - choose either:
Certified Mail - Restricted Delivery
Sheriff
Private Process
If no alternative instructions are provided, the summons is always returned to the plaintiff for service.
(READ THE GENERAL INSTRUCTIONS FOR IMPORTANT INFORMATION REGARDING OBTAINING SERVICE)
Sheriff charges $40.00 for obtaining service. Checks should be make payable to the Sheriff (for the County where the party is located).. The Sheriff returns of the copies of the summons to the case file and indicate whether or not service has been obtained.
If served by Certified Mail or by Private Process, there are affidavits that must be completed for the case filed. Those affidavits can be obtained on the web or at the Clerk’s Office. Attach a copy of any summons ("process") issued by the Court, the original of which was included in the certified mail service upon the person served.
7. The case is not at issue and cannot be heard by the Court until the other side has been properly served. Proof of Service must be submitted to the Clerk immediately upon obtaining service. If service is not obtained before the summons expires, you may file a request for a re-issue of the summons. However, if service is not obtained within 120 days after the case is filed, the case is subject to dismissal for lack of jurisdiction. You should contact an attorney for assistance with methods of alternative service. .
8. The defendant has 30 days to answer if he or she is served in Maryland, 60 days to answer if he or she is served out of state, and 90 days to answer if he or she is served outside the US.
9. Unless an answer is received, the case will not be scheduled for a hearing. If the defendant has been served properly and the time for filing of the answer has passed but the other side has not filed an answer, the case will not move forward until a Request for Order of Default is filed with a copy of the proof of service attached. If the Judge signs the request for an Order of Default, the other party will be notified of the default and the case can be scheduled for a hearing.
10. Once service has been obtained. A certificate of service must appear on all pleadings/papers filed in the court jacket regardless of which party files the papers. A sample copy of the certificate of service is also on the website.
READ THE GENERAL INSTRUCTIONS THAT ARE PROVIDED WITH EACH FORM YOU ARE USING. COPIES OF ALL FORMS AND INSTRUCTIONS ARE ALSO AVAILABLE ON THE COURT’S WEB SITE at www.mdcourts.gov If you are unclear about how to fill out the forms, assistance for self-represented litigants is available on the second floor of the Courthouse, every Wednesday from 12:30 to 2:30 pm. Assistance is offered on a first come, first serve basis. Sign-up begins at 8:30 am. Other assistance is available through the Family Law Hotline - operated every Tuesday and Thursday from 9:00 - 4:30 call 1-800-845-8550; Pros Se Hotline (Women’s Law Center) can assist with completing forms. Hours are Tuesday 9:00 -12:30, Wednesday 9:00-12:30 and 4:00 to 7:00pm, Thursday 9:00-4:00, and Friday 9:00-12:30 Call 1-800-818-9888. The Peoples Law Library Website has a wealth of information regarding all types of legal issues. Visit them at: http://www.peoples-law.info/Home/PublicWeb
THE CLERK’S OFFICE CAN NOT PROVIDE ANY LEGAL ADVICE OR TELL YOU WHAT YOU SHOULD SAY ON THE FORMS. .