 Accommodations
How
do I get assistance for my special needs? (Example: physical
accommodation, spoken language interpreter)
Physical Accommodation:
To
ensure compliance with the Americans With Disabilities Act (ADA),
the courts have designated ADA coordinators for their facilities
and services. If you have questions or need assistance, contact
the appropriate ADA Coordinator. [See ADA
Coordinators ]
To
request an accommodation under the ADA, please submit a Request
for Accommodation by Persons with Disabilities (Form CC-DC49)
to the court in which the case will be heard. Requests for accommodation should be submitted to the court not less than thirty (30) days before the proceeding for which the accommodation is requested.
For more information on ADA, see the Office of Fair Practices (ADA and EEO)
Spoken Language Interpreter:
See "Do You Need a Court Interpreter?"
To
request a spoken language interpreter, please submit a Request
for Spoken Language Interpreter (Form CC-DC41) to the
court in which the case will be heard. Requests for interpreter should be submitted to the court not less than thirty (30) days before the proceeding for which the interpreter is requested.
If you have questions, please contact the appropriate clerk's office:
Court
of Appeals Clerk's Office
Court of Special Appeals Clerk's
Office
Circuit
Court Clerks
District
Administrative Clerks
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Annotated
Code of Maryland
What
is the Maryland Code?
All
of the public, general and permanent laws passed by the Maryland
State Legislature are subsequently organized by subject, continually
updated and published in a multi-volume print set or online web
version called a code. The various topics are arranged into
broad segments called “articles” (currently there are around 30)
and further subdivided into thousands of sections. An illustration
of broad code topics covered in this primary source of legal authority
range from agriculture to business regulation to corporations and
associations to criminal law, environment, family law, insurance,
public safety, tax, transportation, etc. The full text of the State
Constitution is also included in this Code. Unannotated versions
of the code are provided by the General Assembly, Lexis, and Westlaw.
See Legal Links.
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Appeals
Only
those who are parties to a case can appeal. The party seeking to
appeal must have been adversely affected by the judgment (ruling).
A party cannot appeal from a judgment in his favor unless the ruling
didn't grant all the relief sought. The appellant must file the
appeal from the trial court where the final judgment was entered.
The appeal must be filed in a timely fashion, and must be filed
with the appropriate court.
You
have a right to appeal a guilty judgment entered in a District Court
criminal or traffic case and civil cases, including those in small
claims, landlord-tenant disputes and property cases. In District
Court, cases which are appealed go to the Circuit Court “de novo,”
that is, the case
is
re-tried as if it had never been heard. A criminal case is appealed
by filing Notice of Appeal (form DCCR 17.) A civil case is appealed
by filing Civil Appeal (form CV37.) In both cases a fee is assessed
for filing. Under certain circumstances, a bond also may be required.
Cases
originating in the Circuit Court are appealed to the Court of Special
Appeals, the State's second highest court. The next level of appeals
is the Court of Appeals, the highest court. The Court of Appeals
has the discretion to determine which cases it will or won't hear.
Once the Court of Appeals decides or declines to review a case,
there is no further review within the State court system. Review
by a federal court may be available.
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Arrested
What
happens when a person is arrested?
After
you are arrested, you will be taken before a District Court commissioner
who determines if probable cause exists to charge you. The
commissioner:
• ensures that you understand the charges against you and the possible
penalties,
• advises you of your right to an attorney,
• advises you of your responsibilities in obtaining an attorney,
• decides whether you should be detained or released pending trial,
• and determines whether bail should be set.
You
should provide the commissioner with any information requested.
What
court will hear my case?
The
District Court hears most cases involving motor vehicle violations,
criminal misdemeanors and certain felonies. The circuit court hears
cases involving serious felony crimes.
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Attorney
Information
For
Attorneys:
Change of Mailing Address:
I am an active attorney in Maryland and my mailing address
has changed. Who should I contact?
Change
of address information must be reported to the Client Protection
Fund at the 2011 Commerce Park Drive, Annapolis, MD 21401 or you
may fax the information to the Fund at 410-260-3636.
Change
of Name:
Who
should I contact to change my name on the official "roll of
attorneys"?
If
you are an attorney and wish to change your name on the Court of
Appeals official roll of attorneys, you must submit a written request
to do so. Please be specific as to how you wish your name
to appear, e.g., "from Jane Anne Smith to Jane Smith Johnson" or
"from Jane Anne Smith to Jane A. Johnson," etc. You must also include
a certified (RAISED SEAL) copy of the document that changes your
name (marriage certificate, divorce decree, name change order).
DO NOT SEND YOUR ONLY CERTIFIED COPY as what you provide to us is
kept for the Court's records. The Court notifies the Client Protection
Fund of the Bar of Maryland and the Maryland State Bar Association
of your name change so their records can be amended to reflect this
change.
Submit
the written request to:
Court
of Appeals
Attn: Clerk's Office
Robert
C. Murphy Courts of Appeal Building
361
Rowe Blvd., Fourth Floor
Annapolis,
MD 21401
Upon
receipt, you will receive a written confirmation from the Clerk's
Office.
How do I get a Certificate of Good Standing
(certifies that an attorney
is licensed to practice in the State of Maryland)? See
Note*
Attorneys who do not have any disciplinary action against them can
obtain a Certificate of Good Standing from the Court of Appeals.
The certificate is a notification that the attorney is presently
in good standing and licensed to practice in the State of Maryland.
Certificates are often requested when an attorney practices outside
of the state. Obtain a Certificate
of Good Standing.
How do I go on Inactive Status or return to Active Status?
To go on Inactive Status, you will need to file an Affidavit of Inactive/Retired Status and pay past dues. To return to Active Status, you must give written notice to the Trustees and pay the current fiscal year's assessment. For more detailed information, see the Client Protection Fund's FAQs/Notice to Lawyers.
*NOTE:
Not to be confused with a Certificate of Status for businesses
which is available through the Department of Assessments and Taxation
at http://sdatcert1.resiusa.org/certificate/default.asp
Does Maryland issue bar numbers to new attorneys?
No. Although many States furnish their attorneys with "bar numbers," Maryland has not adopted this practice. Attorneys licensed to practice in Maryland are identified by their names.
Where
do I file my pro bono report?
The
pro bono report and the IOLTA report requirements have been combined.
For instructions on filing both reports, see Maryland
Pro Bono.
For
the public:
Can
I check to see if an attorney is licensed to practice in Maryland?
The
Client Protection Fund's web site provides an online
database of all attorneys admitted to practice in
Maryland. All attorneys listed are considered active and in
good standing and able to practice law under Maryland Rule 16-811.
How
do I file a complaint against an attorney?
Attorney complaints and/or grievances are handled by the Attorney
Grievance Commission of Maryland. Attorney complaints can be filed
by calling 410-514-7051 (or toll-free at 800-492-1660) to request
a complaint form. Individuals can either complete the form and return
it to the Attorney Grievance Commission of Maryland at (100 Community
Place, Suite 3301, Crownsville, MD 21032-2027) or write a letter
to the commission that includes both your and the attorney’s name,
address and phone number, along with a description of the complaint.
For
more information, visit the Attorney
Grievance Commission's web site or call the commission at
the numbers above.
Can
I check to see if an attorney has been disciplined?
There
is an online listing of disciplinary actions taken against attorneys
on the Attorney
Grievance Commission's web site.
Does
the Judiciary provide attorney referrals?
The
Maryland Judiciary does not provide attorney referrals. Some local
bar associations maintain attorney referral lists for a particular
area. A list of local bar associations is available on the Maryland
State Bar Association web site at http://www.msba.org/links/md/index.htm.
Please note that clerks of the court will provide assistance with
forms and court procedures but cannot provide legal advice.
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What
legal help is available if I can't afford to hire an attorney?
Pro
bono services are legal services provided by attorneys who are volunteering
their time "pro bono publico," or "for the public good." A number
of non-profit organizations in Maryland can assist in obtaining
a pro bono attorney. Contact the Maryland Volunteer Lawyers Services
at 800-510-0050 or contact the Pro Bono Resource Center of Maryland
http://www.probonomd.org/)at
800-492-1964 for a list of local pro bono organizations. The People's
Law Library also provide's legal and self-help information
on Maryland and federal law affecting low and moderate income people
and their families.
For
information on pro se assistance projects in each circuit court
and other legal services see the Family
Administration's web site.
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Bad
Checks
When
can a bad check violation be filed?
This
depends on the reason the check was refused for payment.
1.
If the check was refused due to insufficient funds, the person must
wait ten (10) days from the date of the refusal to bring charges.
This gives the individual time to make good on the check.
2.
If the check was refused because the account does not exist, is
closed, or has a hold on it, an application for charges may filed
immediately.
How
are charges filed?
Complete
an Application for Statement
of Charges for Bad Check (form DC/CR44) and appear in person
at the commissioner’s station. Bring a photocopy of the bad check,
information about the dishonored check, a description of the goods
or services the individual received, and any information about the
individual who wrote the check (for example, the person’s driver’s
license number, date of birth and a physical description). The commissioner
cannot provide you with identifying information. There are no court
costs or fees for filing an Application for Charges. Attend the
trial, which will be held in the District Court. You are required
to personally attend the trial to testify as to the facts of the
case.
For
more information, see Bad
Checks, How to File a Bad Check Violation
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Bail/Bond
How
do you post bail or bond?
The
Criminal Defendant
brochure provides information on bail, trial, hearings,
etc.
What
is bail?
Bail
is money paid to the court to ensure that an arrested person who
is released from jail will show up at all required court appearances.
Who
can post bail for me?
You
may post bail for yourself, have someone over 18 years old post
it on your behalf or use a bondsman. Whoever posts bail for you
assumes full responsibility for your appearance in court. If you
fail to appear as required, a warrant will be issued for your immediate
arrest and the bail will be forfeited.
How
does a person post bail?
Bail
may be posted in the following manner:
1.
Cash Bail
A
percentage may be posted for cash bonds. All bonds that are set
at two thousand, five hundred dollars ($2,500.) or less may be posted
with a cash deposit of ten percent (10%). However, the person posting
cash bail is liable for the full amount. If you appear for trial
or the charges are disposed of before trial, the amount posted will
be refunded. If you do not appear, all cash posted will be forfeited
and the full amount of bail becomes due.
2.
Property Bail
Property
(e.g. land or home) in Maryland may be used to post bail, provided
that the net equity in the property meets or exceeds the amount
of bail. To determine net equity deduct any liens, mortgages or
deeds of trust, and ground rent, capitalized at 6 percent, from
the assessed value of the property.
When
posting property, you need to present tax bills, assessment notices,
copies of a recorded deed or other public records. Each person whose
name appears on the tax bill must sign the form, unless a power
of attorney has been executed by one or both parties authorizing
another signature.
3.
Intangible Assets
Acceptable
intangible assets include:
a.
Bankbooks and certificates of deposit accepted at 100 percent of
stated value;
b.
Letters of credit from a bank; and
c.
Certificates for stocks listed on the American or New York Stock
Exchange, accepted at 75 percent of the present exchange quotation.
Only
a clerk of the court may accept intangible assets; a commissioner
may not. Present the required documents to a clerk at the court
location where the case is pending.
4.
Credit and Debit Cards
Bail
may be charged on certain credit and debit cards. Although a commissioner
or clerk accepts the card, an independent company processes the
charge. The charge includes the amount of the bail and a service
fee. (These charges will appear on your next credit or debit card
statement.) The card and personal identification must be produced
in person at the time of posting bail. (Contact a District Court
commissioner or clerk for information on cards accepted and the
fees charged.)
5.
Professional Bail Bondsman
A
bail bondsman charges a nonrefundable fee to post bail. In addition
to the fee, the bondsman may require collateral security or property
to secure your release. Collateral will be returned to the person
who posted it after disposition of the charges. The service fee
and collateral received must be displayed on the bail bond form.
Make certain that the information is correct on the form, that you
receive a receipt and that you understand the action the bondsman
may take if you fail to meet your obligations.
For
the telephone number of a bondsman consult the Yellow Pages under
the “Bail Bonds.”
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Bankruptcy
Who
handles bankruptcy cases?
Bankruptcy
cases are administered at the federal court level. For more information,
including forms and instructions for filing, see the U.S. Courts
site at http://www.uscourts.gov/bankruptcycourts.html.
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Birth/Marriage/Death
Certificates
How can I obtain copies of birth/marriage/death certificates?
Birth,
marriage, and death certificates can be obtained through the Division
of Vital Records, Maryland Department of Health and Mental Hygiene.
Please check the Division's
web site at http://dhmh.maryland.gov/vsa/SitePages/Home.aspx or call 410-764-3038 for more information. You can also obtain a certified copy of a marriage license from the clerk's office in the circuit court where the license was obtained. For a listing of clerk offices, see http://mdcourts.gov/circuit/directory.html.
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Child
Support
Where
can I go for information on child support?
Visit
the web site of the Maryland Child Support Enforcement Program at
http://www.dhr.state.md.us/csea/index.htm
where you will find information on child support, a list of child
support enforcement offices located statewide, an online worksheet
used to estimate the child support obligation that a court may order
a parent to pay, access to payment history for parents with an active
child support case, and more. In addition, the Judiciary provides
free, online (fill-in-the-blank) domestic
relations forms, including child support forms. These forms
are also available in the circuit courts.
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Civil Claims
Where do I file a civil claim?
The District Court has exclusive jurisdiction in claims for amounts up to $5,000 (small claims), and concurrent jurisdiction with the circuit courts in claims for amounts above $5,000 but less than $30,000. If your claim is more than $5,000 but less than $30,000, you may file in either District or a circuit court. If it is more than $30,000, you must file in a circuit court.
District Court Brochure
Collections
How
do I collect a judgment awarded in the District Court?
The
court will not act on its own to collect the money you are owed.
It is up to the individual who has been awarded a judgment to take
the steps necessary to enforce it. If the defendant in your case
is not willing to pay the debt or work out a payment plan, you will
have to complete and file more forms with the court, pay the required
filing fees and appear in court for additional hearings. See: Post-Judgment
brochure.
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Complaints
About a judge:
The
Maryland Commission on Judicial Disabilities investigates complaints about
judges and makes recommendations as to dismissal, further investigation,
or disciplinary action. The Commission does not investigate complaints
regarding the outcome of a case or judicial ruling.
For more information, see the Maryland
Commission on Judicial Disabilities.
About an attorney:
The Attorney Grievance Commission oversees the conduct of both Maryland lawyers and nonmembers of the Maryland Bar who engage in the practice of law in the State. The Commission investigates and, where indicated, prosecutes attorneys whose conduct violates the Maryland Lawyers Rules of Professional Conduct as well as those engaged in the unauthorized practice of law. For more information, see the Attorney Grievance Commission's website.
If
you believe that a lawyer practicing in the State has
taken money from you without your consent, you may be eligible for
reimbursement from the Client Protection Fund. For more information, see the Client Protection Fund's web
site
About a case:
If you are dissatisfied with a decision in your case, you may file an appeal with the appropriate court.
If you have other concerns or issues with the Judiciary:
The judiciary ombudsman serves as an advocate for fairness, answering individuals’ questions, helping resolve individuals’ concerns and issues, and works to make the courts more user-friendly. For more information, go to the ombudsman web site.
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Court
Fees
What
are the court fees?
Fee
schedules are established by statute for the Appellate,
Circuit, and District
courts are online. If you have further questions or need more information,
contact the Clerk's Office in the jurisdiction where the action
is filed.
Do
the courts provide relief from paying filing fees and court costs?
Yes,
there are fee waiver forms for those who cannot afford to pay filing
fees and court costs. However, there are certain qualifications
that you must meet. These qualifications can be fully explained
to you by the Clerk's Office in your jurisdiction.
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Court
Records
Can I find court records online?
Online access to case and notice records is available. See Search
Court Records.
Courtroom
Demeanor
What
should I know about appearing in court?
Although
there are no provisions mandating dress attire or conduct in court,
court users often ask what they should wear and how they should
act in court. It is important to be on time or early if possible
because often your name or your case number may be called as soon
as the trial begins to see who is present and who is missing. If
your name is called and you are not there to respond, your case
can be dismissed. If you are a defendant in a criminal case, a failure
to appear warrant could be issued for your arrest.
How
should I dress for my court appearance?
Again,
these are voluntary suggestions. Dress appropriately for court,
or as you would for a job interview.
How
do I address the judge?
Judges
can be called "judge" or "your honor." Refrain from calling a judge
"sir," "ma'am," "mister" or "miss." Communication with the judge
should be carried out with a proper amount of respect. Refrain from
outlandish or rude behavior such as arguing with the judge or the
opposing party or their attorney.
Can
I bring my child to court?
It
is not recommended to bring small children into the courtroom unless
they are part of the case. In a situation where you have to bring
a child to court, it is often best to locate him or her outside
the courtroom with a responsible adult.
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Criminal
Complaint
How
do I file a criminal complaint?
If
you believe that a crime has been committed against you or a minor
in your custody, your first step should be reporting the crime to
the local police department. Reporting the incident makes it a matter
of record, even if the police are unable to investigate the crime.
Depending upon the nature of the incident, the police may conduct
an investigation. The investigation determines whether or not charges
are filed by the police with a District Court commissioner. If the
police file charges, the matter is now under the authority of the
court.
The Criminal Complainant brochure provides information on reporting the crime, filing charges, going to Court, etc.
If
the police do not conduct an investigation or file charges, you
may file an Application for Statement of Charges on your own with
a District Court commissioner. A District Court commissioner, a
judicial officer, reviews the Application for Statement of Charges
to decide if
sufficient
evidence exists to charge the defendant (the person accused) with
a crime (probable cause). You must tell the commissioner, in writing,
the details of the crime.
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Criminal
defendant (Person arrested for a crime)
The Criminal
Defendant brochure provides
information on bail, trial, hearings, etc.
What
court will hear the case?
The
District Court hears most cases involving motor vehicle violations,
criminal misdemeanors and certain felonies. The circuit court hears
cases involving serious felony crimes.
Will
I be tried by a jury in the District Court?
All
District Court cases are heard and decided by a judge. For more
information on how to request a jury trial, see Criminal
Defendant brochure.
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Criminal
History
How
do I check my criminal history?
Criminal
history information is collected and maintained by the Criminal
Justice Information System (CJIS) of the Department of Public Safety
& Correctional Services at http://www1.dpscs.state.md.us/.
Individuals can check their own criminal history by visiting their
local sheriff’s office or police barracks to request an individual
review. You will be fingerprinted and your fingerprint identification
will be sent to the CJIS Central Repository at P.O. Box 32708 Pikesville,
MD, 21282-2708. Once received, CJIS will then process the results
and mail them back to you. The charge is $18 plus the cost for a
fingerprint identification. For more information, please call the
CJIS Help Desk at 888-795-0011.
How
do I check the criminal history of someone other than myself?
Individuals
cannot check the criminal history of other individuals. Agencies
can request the criminal history of an individual who is being considered
for a position within that agency by applying for an authorization
number. Please keep in mind that authorization numbers are given
out for hiring purpose only. For more information, call the CJIS
Help Desk at 888/795-0011.
Does
Maryland have a sex offender registry?
Yes.
The Department of Public Safety and Correctional Services and local
law enforcement agencies are required to provide a list of certain
types of sex offenders maintained by the state to any person who
submits a written request. Residents cannot make individual requests
to see if their neighbor, for example, is a sex offender. More information,
including an online registry of sex offenders, is available on the
web site of the Maryland Department of Public Safety and Correctional
Services’ Sexual Offender Registry Unit at
http://www.socem.info.
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Divorce
Where
do I file for a divorce?
You
may file for divorce in Maryland if the grounds for divorce occurred
in Maryland or if at least one spouse has lived in Maryland for
one year prior to the filing of divorce. The divorce complaint must
be filed in the circuit court for the county where the plaintiff
(the party filing for divorce) lives or where the defendant (other
party) lives, works or owns a business.
How
long must I be legally separated before I can file for divorce?
You
do not need to file papers in Maryland in order to be “legally separated.”
In order to establish that you are separated for the purposes of
obtaining a divorce, you must:
Not
reside under the same roof, and
Not
engage in sexual intercourse with your spouse for the entire period
of the separation through the date the divorce is granted.
The
length of time you must be separated in order to file for divorce
depends on the grounds for divorce: If
you are filing for divorce on the basis of desertion, constructive
desertion, conviction of a felony or voluntary separation, the length
of the separation must be at least 12 months.
If
you are filing for divorce on the basis of adultery, cruelty of
treatment or excessively vicious conduct the divorce may be filed
at any time after separation.
If
you are filing based on a two-year separation, you must be separated
for two years.
If
you are filing on the basis of insanity, the insane spouse must
have been committed to a mental institution for at least three years,
and one of the spouses must have been a resident of Maryland for
two years.
Where
can I obtain forms and more information on divorce?
You
may download free, online Domestic
Relations Forms from this site including forms and instructions
for filing for divorce. Each Circuit Court Clerk’s office has copies
of these same fill-in-the-blank forms for divorce, custody, child
support and name change cases. For assistance with these forms or
more information on divorce, contact the family
support services coordinator/administrator who can provide
further information on pro se (self-represented) programs, pro bono
(reduced or no fee) attorneys, mediation programs, co-parenting education
classes and other referrals. Assistance in completing the form(s)
is also available through the Legal Forms Helpline (http://www.wlcmd.org/projects.html)
operated by the Women's Law Center of Maryland. How
long is the legal divorce process?
The
length of the divorce process depends on the issues involved. Divorces
that include marital property, custody and child support take longer
than cases without these issues. A case can quickly reach
its conclusion if the parties reach an agreement on all issues,
either on their own or with the help of a mediator. The average
length of time for a divorce case from filing to conclusion can
be anywhere from two weeks to a year or more.
What
can I do to ease the financial burden of the divorce process?
The
least expensive divorce is one in which the parties agree on how
to divide property and how to care for their children after divorce.
In order to help families reach an agreement, each Circuit Court
has a panel of mediators who can assist parties in settling any
disputes they may have. Most mediation programs require payment
of a fee for services, but low income parties may ask the court
for a waiver or reduction of these fees. The family
support services coordinator/administrator in each Circuit
Court has information on easing the cost of a divorce.
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Domestic
Violence
See the Domestic
Violence web site for more information, including resources,
hotlines, etc.
What is a Peace or Protective
Order?
Peace
and protective orders are civil orders issued by a judge
to prevent one person
from
committing certain acts against others. The personal relationship
between the
respondent
and the victim determines which order would be filed. Protective
orders generally
apply
to people in domestic relationships. Peace orders apply to other
relationships
(dating,
neighbors, co-workers, acquaintances, strangers). For more information,
including how to determine which order applies to your situation,
see the Peace
and Protective Order Brochure.
Restraining
orders: In Maryland a "restraining order" refers to a peace
or protective order.
How
do I file for protection from domestic violence?
A
petition for protection from domestic violence may be filed in any
District Court or Circuit Court in Maryland. The Domestic
Violence Protection Order form is available on this web
site or can be obtained in each Clerk’s office. If you need assistance
with the process, contact the family
support services coordinator/administrator in the Circuit
Court or call the Clerk’s office and ask for the names of any domestic
violence programs in your area. Some courthouses have on-site programs
designed to assist victims in safety plans and filing for protection.
If you need assistance and the courts are closed, contact a District
Court Commissioner.
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Emergency
Evaluation
What
is an emergency evaluation?
An
emergency evaluation petition is a legal process that enables a
petitioner to get a person who is suffering from a mental illness
or is in a serious mental crisis taken into custody and examined
by a medical professional in a designated emergency facility.
How
do I obtain an emergency evaluation?
If
person has health care provider, such as doctor, case manager or
other mental health worker, call that professional for help.
If
the person does not have a provider, check with county’s mental
health department for possible services. If the person poses an
immediate danger to him or herself, or to others, call the police.
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Expungement
What
is an expungement?
Expungement is the removal of records from public inspection. In Maryland, records may be expunged from Motor Vehicle Administration files, police files, and court and police files. The process must be done through the proper agency. No process expunges the records from all agencies.
For more information, see Expungement.
Interpreters
How
can I become a spoken language interpreter for the courts?
The
Judiciary administers the Maryland Court Interpreter Program. For
information on requirements to become a certified court interpreter,
information on the registry release list of interpreters, and scheduled
workshops, see the Maryland
Court Interpreter Program site.
[For information on spoken language interpreter services, see Accommodations.]
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Judges
How
are new judges chosen?
Under
the Maryland Constitution, the Maryland governor fills a new judgeship
or other vacancy in judicial office with an individual having certain
basic qualifications:
Must
be a U.S. and Maryland citizen
Must
be registered to vote in state elections at the time of appointment
Must
be a Maryland resident for at least five years
Resident,
for at least six months next preceding appointment, in the geographic
area where the vacancy exists
Must
be age 30 or older at the time of appointment
Must
be a member of the Maryland State Bar
The
Constitution also speaks generally of a second category of qualifications,
by providing that those selected for judgeships shall be lawyers “most
distinguished for integrity, wisdom, and sound legal knowledge.” Although
the Constitution sets forth these basic qualifications, it provides
the Governor with limited guidance in making judicial appointments.
In
1970, an executive order created the Judicial Nominating Commissions
to assist in the judicial selection process. Since that time, every
Governor has issued a similar executive order. The primary responsibility
of the Judicial Nominating Commissions has been to screen candidates
for judicial office. This screening process allows the Governor
to appoint the most highly qualified candidates.
How
do I apply for a judicial vacancy?
To
apply for a judicial vacancy, applicants are required to submit
a Confidential Personal Data Questionnaire to the Administrative
Office of the Courts. For more information, including a downloadable copy of the Questionnaire, see Judicial
Selection Process.
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Jury
Service
Will
I be paid while I serve on a jury?
Each
county and Baltimore City is responsible for providing payment for
serving jury duty. To learn more about serving as a Maryland juror,
see Jury Service. There
you will find FAQs for Employers and Employees, Do's and Don'ts
During Trial and other information to help you understand the important
role juries play in our justice system.
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Landlord-Tenant
Disputes
Where
can I find information on landlord-tenant disputes?
The
District Court
provides informational brochures, including one on landlord and
tenant matters. The Maryland
State Law Library (http://www.lawlib.state.md.us) also offers
a reference guide to landlord-tenant law in Maryland. This reference
guide identifies selected legal and referral sources on landlord-tenant
questions in Maryland.
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Legal
Advice
How
can I obtain legal advice?
Only
a lawyer can provide legal advice. Many lawyers provide free or
low cost initial consultation services. The local or state bar association
may provide you with a list of these lawyers. (see Bar
Associations)
What
are pro bono services?
Pro
bono services are legal services provided by attorneys who are volunteering
their time "pro bono publico," or "for the public good." [See Pro
Bono FAQ]
What
advice can a court clerk give?
A
court clerk can explain when and where a particular trial is scheduled,
provide the forms requested, explain the fees required for various
court actions, accept case filings and answer questions about the
procedures of the court. A clerk is prohibited by law from rendering
legal advice.
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Licenses
Marriage
licenses are issued by the Circuit Court (see Marriage
Information)
Motor
Vehicle licenses are issued by the MVA (http://www.mva.state.md.us)
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Marriage
Information
Where
can I obtain a marriage license?
Maryland
requires that a marriage license be obtained from the Circuit Court
Clerk’s office in the county (or Baltimore City) where the marriage
is to take place. It is recommended that you contact the Circuit
Court Clerk’s office where you plan to marry as each jurisdiction
has different license fees. If it is not convenient for you to visit
the Circuit Court Clerk’s office in the location where you wish
to marry, you may apply using a Non-Resident Affidavit - except
in Cecil County.* Call the Clerk's Office to have
a copy of the affidavit sent to you or check the Clerk's Web site to see if it is available to download.
*In
Cecil County both parties to be married shall appear together before
the clerk to apply for a license. See MD Code Family Law §
2-402(e)
Is
there a waiting period before I can get married?
Yes.
A marriage license is not effective until 6:00 a.m. on the second
calendar day after the license is issued (i.e., 48-hour waiting
period).
Can
I get married in the courthouse?
Maryland
no longer employs Justices of the Peace to perform civil ceremonies.
Instead, only a judge, a Clerk of the Circuit Court or an appointed,
designated Deputy Clerk of the Circuit Court may perform civil ceremonies.
The hours, location and fees for a civil ceremony vary from county
to county. For more information, contact the Clerk
of the Circuit Court in the county (or Baltimore City) where
you wish to be married.
What
are the state marriage age requirements?
Maryland
law states that an individual who is 16 or 17 years old may only
marry with the consent of a parent or guardian who confirms that
individual’s age OR with a certificate from a licensed physician
verifying that an examination of the woman to be married indicated
that she is pregnant or has given birth to a child.
An
individual who is 15 years old may only marry with the consent of
a parent or guardian AND a certificate from a licensed physician
verifying that an examination of the woman to be married indicated
that she is pregnant or has given birth to a child.
Individuals
under the age of 15 may not marry.
How
can I obtain a copy of my marriage certificate?
Please
see the FAQ on obtaining Birth/Marriage/Death
certificates.
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Mediation
What
is mediation?
Mediation
is a process in which a trained neutral person, a "mediator," helps
people in a dispute to communicate with one another, to understand
each other, and if possible, to reach agreements that satisfy everyone's
needs.
Mediation
is voluntary. All parties involved in the dispute must agree
to mediation. However, using mediation, parties do not give
up their legal rights. If an agreement is not reached, parties can
still go to court.
For more information, see Mediation and Other Forms of Alternative Dispute Resolution in Maryland Courts or call MACRO, the Judiciary's Mediation and Conflict Resolution Office at 410-841-2260 or visit its website, www.marylandmacro.org.
The
Maryland Association for Community Mediation Centers can
assist you in obtaining mediation services through your local community
mediation center. For more information contact MACMC at 410-349-0080
or see visits its web site at http://www.marylandmediation.org.
If you are a party to a case, or an attorney seeking a mediator for a Business & Technology or Health Care Malpractice Claims case, the Judiciary maintains a listing of qualified mediators and other ADR neutrals for both programs:
Mediators for Business & Technology Case Management Program
Mediators for Health Care Malpractice Claims ADR Program
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Name
Change
How
do I go about getting my name changed?
Name
changes, both minor and adult, require the filing of a Petition
for Change of Name with the Circuit Court in the county (or Baltimore
City) where you reside. The Judiciary provides free, online domestic
relations forms, including those required to petition for
a change of name of an adult or child. For more information, please
contact the Clerk's Office of the Circuit Court. For a listing and
contact information, see Circuit
Court Clerks.
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Naturalization/Immigration
Does
the state handle naturalization or immigration issues?
Immigration
is a matter of federal law rather than state law. For more information,
see the U.S. Citizenship and Immigration Services at http://uscis.gov/graphics/index.htm.
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Notary
Public
What
is a Notary Public?
A
Notary Public is a person appointed by the Governor to witness the
signing of important documents and administer oaths. This public
official must meet the requirements established by the state government
for the appointment of a notary public. A notary public cannot give
legal advice.
How
do I become a Notary Public?
To
become a Notary Public, you must be at least 18 years of age, live
or work in the State of Maryland, and be of known good character,
integrity and abilities. The first step is to fill out an application
form, available through the Secretary of State at http://www.sos.state.md.us.
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Passports
Where
can I get a passport application?
Passport
applications are handled by the U.S. Department of State, but most
Post Office locations provide passport applications. Forms are also
available at the Circuit Court Clerk’s office in the following counties:
Allegany, Anne Arundel, Calvert, Caroline, Cecil, Charles, Frederick,
Montgomery, Prince George’s, Queen Anne’s and Washington. For more
information on obtaining a passport, please visit the the U.S. Department
of State at http://travel.state.gov/passport/passport_1738.html.
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Property
The Replevin
and Detinue brochure describes court procedures for the
return of property.
How
do I get property returned to me?
Replevins
and detinues are legal actions that allow the plaintiff (the person
seeking to recover the property) to seek the return of property.
Replevin
Seeks
the return of property, along with possible damages. Allows for
the possible return/possession of the property at a Show Cause hearing,
a hearing held before a trial. Filed in the District Court, regardless
of the amount in dispute.
May
require the filing of :
1)
a Complaint Form (DC/CV1),
2)
a Proof of Service (DC/CV 2), and
3)
a Show Cause Order form (DC/CV 4).
Detinue
Seeks
the return of property or its value along with possible damages.
Requires
a trial to determine rightful owner of property. Filed in District
Court for actions up to $5,000. If claim is between $5,000 and $30,000,
claim may be filed in either District or circuit courts. Detinues
for more than $30,000 must be filed in circuit court.
Requires
the filing of only a Complaint Form.
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Red
Light Traffic Program
How
and where do I file a complaint against red light traffic cameras?
The
red light cameras are installed at the expense and direction of
the locality or municipality. Complaints about the location or operation
of these cameras should be sent to the address on the citation.
In most cases this is the address of the police agency.
Will
I be assessed points if found guilty of a red light camera citation?
As
stated on the red light citations: "Payment of the penalty amount
for the violation will not result in points and cannot be used to
increase your insurance rates."
How
do these red light cameras work?
For
more information on the Red Light Camera Program, please contact
the law enforcement agency or municipality listed on the citation.
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Rules
of Procedure
What
are the Maryland Rules of Procedure?
Procedural
rules (also called court rules), which are adopted by our State’s
highest court, the Court of Appeals, guide the litigant, who is
usually represented by an attorney, on what to do and how to do
it when bringing a legal dispute into one of Maryland’s courts.
These rules, which have the force of law, and are mandatory, establish
a uniform process for trying cases and ensure that justice is fairly
administered.
Within
our State court system there are different sets of procedural rules
governing various types of cases in no less than five different
courts. For example, separate rules exist for civil, criminal, juvenile
and appellate cases and dispute resolution mechanisms. The Maryland
Rules are provided as a free service by Lexis and Westlaw. See Legal
Links.
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Scheduling/Postponements
What
should I do if I am unable to attend a District Court date?
District
Court: If you wish to request a change in the trial date for a District
Court case, you must write the court before your trial date with
an explanation of the circumstances that require the change. Your
request is not automatically granted; it is up to a judge to determine
whether to change your trial date. It may be helpful to provide
documentation to support your request.
For
the Circuit Court, please contact the Clerk's Office for assistance.
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Sexual
Assault
If
you are the victim of a sexual assault, call the police to report
the crime. Additional help is available through sexual assault/abuse
crisis centers and hotlines. For a listing of such services, see
Sexual
Assault Hotlines (http://www.oag.state.md.us/Family/sahotlines.htm)
provided by the Maryland Attorney General.
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Sexual
Consent/Statutory Rape
What
is the age of consent in Maryland?
You
should review the "Criminal Law" article of the Annotated Code of
Maryland. This code is available at most larger county public library
branches. For an unannotated version of the Code of Maryland, see
Legal Links.
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Small
Claims
How
do I file a small claim?
Small
Claims are filed in the District Court of Maryland. Small
Claims cases are decided by a judge, not a jury. For more information,
see the District Court's comprehensive small
claims web page.
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Speed Monitoring Camera Programs (residential, school zones and work zones)
How and where do I file a complaint against speed monitoring traffic cameras?
The speed monitoring cameras are installed and/or operated at the expense and direction of the locality or municipality, or if on a state highway, by the Department of State Police. Complaints about the location or operation of these cameras should be sent to the address on the citation. In most cases this is the address of the police agency.
Will I be assessed points if found guilty of a speed monitoring camera citation?
As stated on the speed monitoring citations: "Payment of the penalty amount for the violation will not result in points and cannot be used to increase your insurance rates."
How do speed monitoring cameras work?
For more information on the Speed Monitoring Programs, please contact the law enforcement agency listed on the citation.
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Traffic
Court
What
do I do once I receive a traffic citation?
If
you receive a payable traffic citation, you have several options,
which you should review. For complete information, visit the
District Court Website at mdcourts.gov/district/
What
if I receive a Notice to Appear as a witness?
If
you receive a Notice to Appear as a witness in a traffic case, the
date, time and court location appears on the notice. Call the court
the day before the trial date to confirm that the case is still
on the docket. If you are unable to appear on the scheduled date,
notify the court in writing prior to that date by mail. Include
the citation number, defendant’s name, trial date and location,
a brief explanation of why you are unable to attend, your name and
your daytime phone number.
How
long do trials/hearings take?
The
length of your trial or hearing can vary by county, and can depend
on the number of cases scheduled during the session to which your
case is assigned. Many counties are working hard to significantly
decrease the time individuals have to spend in traffic court by
scheduling cases on an hourly basis.
How
do I check to see if I have an outstanding suspension?
The
Maryland Motor Vehicle Administration maintains all motor vehicle
records including outstanding suspensions. You can reach the MVA
by calling 800/950-1MVA (out of state 301/729-4550) during regular
weekday hours, or by calling 800/638-8347 for 24-hour-a-day recorded
information regarding the MVA.
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Transcripts
and Recordings
How
do I obtain a transcript or recording of my
trial?
Generally, most requests for a transcript or
recording pertain to a District Court action. See the District
Court for more information. If you want information
on the availability of a transcript or recording in a circuit or
an appellate court please contact the Clerk's Office for assistance.
Contact information, see the Court
of Appeals - the Court
of Special Appeals - Circuit
Courts for the clerk's' phone listing.
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Verdicts
When
a verdict is rendered - either by a jury or judge - the actual decision
is either “guilty” or “not guilty.” There is no finding of “innocent.”
However, a defendant, if found "not guilty", can be described as
having been acquitted. If there is a finding of "not guilty," it
simply reflects the fact that the prosecution failed to prove guilt
beyond a reasonable doubt.
Common
resolutions of cases other than by findings of "not guilty" and
"guilty" include:
Nolle pros.
The state opts to end the prosecution
and dismisses the charge.
Stet. A suspension
of the prosecution. The State may reopen the case without the need
for the defendant to be recharged. A case may be a reopened because
of the defendant’s arrest on additional charges or his/her failure
to live up to some agreed-to-condition within a reasonable time
after the entry of the stet.
PBJ-Probation
before judgment. This is a common resolution in many District Court
trials. The defendant is found guilty or pleads guilty. However,
the final entry of judgment is technically suspended. This gives
the defendant an opportunity to request expungement of his record
upon successful completion of the conditions or probation.
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Victims
What
are the rights of a victim of a crime?
As
a public service, the Maryland Attorney General provides assistance
to crime victims through two sources: the Director of Victim Assistance
and a Criminal Investigations Division Victim Assistance Coordinator.
For more information on these two offices as well as a listing of
other resources, See Victim
Assistance (http://www.oag.state.md.us/victim.htm) on the
Maryland Attorney General's site.
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Wills/Probate
Where
do I go to obtain wills/probate information?
Information
regarding wills, probate and the registering of wills in Maryland
is handled by the Register of Wills office in each jurisdiction.
The Register of Wills serves as the Clerk to the Orphans Court,
which has jurisdiction over judicial probate, administration of
estates and conduct of personal representatives. See Maryland Register
of Wills at http://www.registers.state.md.us
for general information, downloadable forms and contact information
for local Register of Wills offices.
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Witness
What
happens if I get a subpoena to appear as a witness?
A
subpoena to appear as a witness is a court order and must be obeyed.
Failure to appear in court in response to a subpoena could place
you in contempt of court. The subpoena may contain information or
instructions about the trial. You should try to follow these instructions
as it may save you time.
The
State's Attorney's office for each county in Maryland (and Baltimore
City) has a victim/witness assistance coordinator who can answer
your questions and help you through the court process. The coordinator
can also help you if you need information about your case, assistance
in applying for criminal injury compensation or referrals to community
victim service programs. Locate the State's Attorney for your jurisdiction
at the Maryland State's Attorneys' Association web site - www.mdsaa.org.
What
should I do if I am unable to appear on the scheduled date?
You
should contact the attorney who has called you as a witness as soon
as possible. If you are being called as a witness for the state,
contact the State's Attorney in the county (or Baltimore City) where
the trial is scheduled.
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