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Circuit Court - New Civil and Family Cases

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1. What is a show cause order?

A show cause order is issued by the Circuit Court, directing a plaintiff or defendant to appear in court to testify and present evidence as to why the Court should not issue a specific order.

2. What does service mean?

Service means that the defendant is notified that a complaint has been filed against her/him.

3. How do I get the other party served?

Service can be done through private process (someone 18 years or older who does not have an interest in the case), certified mail with restricted delivery, or the Sheriff’s Office. Attention! YOU CANNOT serve the other party yourself. Read the pamphlet, How Do I Serve the Other Party? for more specific instructions on service.

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Circuit Court-Family

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1. How long does the server have to serve the other party?

The server has 60 days from the date the summons was issued to complete the service.

2. What do I do if I can’t locate the other party?

You must attempt to locate the other party through various ways, such as their place of employment, motor vehicle administration, telephone books, the internet, friends and family, etc.

3. What do I do if the other party is avoiding service?

You can file a motion for alternate service.

4. Does the server have to do anything after she/he serves the other party?

The server must complete an Affidavit of Service for private process or certified mail.

5. What is an Affidavit of Service?

The Affidavit of Service is a statement made under oath that the other party was served.

6. What happens after the other party is served?

If the other party lives in Maryland, she/he has 30 days to answer your complaint. If the other party lives outside the state, she/he has 60 days, and if she/he lives outside the country, she/he has 90 days to answer your complaint.

7. What do I do if I receive a summons?

If you live in Maryland, you have 30 days after the date you were served to answer the complaint. If you live outside the state, you have 60 days, and if you live outside the country, you have 90 days to answer the complaint.

8. What is an answer?

An Answer is a written response to the allegations made in a Complaint, Petition, or Motion. It must be signed by the responding party and the original filed with the Clerk of the Circuit Court, with a copy sent to the party who filed the Complaint, Petition, or Motion.

9. What happens when the other party answers the complaint?

The court reviews the answer. If the answer is properly submitted, the court will schedule a hearing or a scheduling conference.

10. What is a scheduling conference?

A Scheduling Conference is a meeting between the Plaintiff, Defendant, their attorneys, and a case manager to identify the areas in contention, such as custody, visitation, and marital property. In order to help the Court make the best possible decision, the case manager will set the remaining Court dates and refer the parties to appropriate services to resolve conflicts or allegations.

11. What if the other party does not file an answer?

The other party can elect whether or not to answer the petition. However, if you wish to proceed with your case, you can file a DomRel 54, Request for an Order of Default.

12. What is an Order of Default?

By filing for a default, you are telling the Court that the other party was properly served, that the other party did not file an Answer, and you still wish to proceed with your case. Once the Order of Default is issued, the defendant has 30 days to respond and explain why they did not answer the initial Complaint and/or why the Order of Default should not proceed. If the Defendant does not respond to the Order of Default, the case will be scheduled for an uncontested hearing. If the defendant responds, the response will determine how the case is to be scheduled.

13. Can I ask for an interpreter?

You can request an interpreter no less than 10 days prior to the scheduled court date. Call the Information and Referral Center, 301-780-8000.

14. How will I know when I have a hearing?

You will receive a notice in the mail from the Court. The notice will be sent to the mailing address you provided to the court. The notice will show the date and time of your hearing.

15. What do I do the day of the hearing?

On the day of your hearing, you should arrive on time with a copy of your complaint and your notice of hearing. If your case requires it, you must also bring a witness to testify at your hearing. Register at the Information and Referral Center before entering the courtroom. An interpreter will be available if you requested one.

16. What if I can’t attend the date of my hearing?

You must notify the court, in writing, before the date of your hearing. Explain the reason(s) why you cannot attend and request a new hearing date. The judge may or may not issue a new hearing date.

17. What do I do if I need to get a protective order for domestic violence or child abuse?

You can file for a protective order for domestic violence in the District Court of Maryland in Hyattsville, room 200A or in Upper Marlboro, room 168B. You can also file in the Circuit Court in Upper Marlboro, room M0415. After normal business hours, you can file at the Commissioner’s Office at the Hyattsville Courthouse or at the Upper Marlboro Courthouse.

18. What if I need an emergency hearing for custody, visitation, or support?

You can obtain the form to file for an emergency hearing in the Family Division Paralegal Office, room M0416, ground floor in the Upper Marlboro Courthouse. Petitions are not accepted after 3:15 p.m. because the emergency courtroom closes at 4:30 p.m.

19. When my spouse/partner and I split up, who has legal custody of our children?

No one has legal custody until one of the parties pursues a custody case and obtains a court order of custody.

20. Can I get my name changed to my maiden name through a divorce?

Yes. If you are the plaintiff, you can ask the Court to change your name to you maiden name by checking the appropriate box on the divorce form. If you are the defendant, you can ask the court to change your name to your maiden name by filing a counter complaint.

21. Can I decide not to go through with the case I started?

You can request, in writing, that the Court dismiss your case.

22. What do I do if I want to make a change in custody, visitation, or child support?

To make a change to a court order, you must file a motion to modify and the fee is $25. You can get the forms and instructions from the Family Division Information and Referral Center. You can also access and print the forms and instructions from Maryland Courts.

23. What do I do if the other party is not following the judgment or order of custody, visitation, or child support?

You can file a petition for contempt. You can get the forms with instructions from the Family Division Information and Referral Center. You can also access and print the forms with instructions from Maryland Courts.

24. Where do I call with questions about child support?

For questions about starting a case, you can call the Family Division Information and Referral Center, 301-780-8000. For questions about child support enforcement, you can call the Office of Child Support Enforcement, 1-800-723-9937.

25. What are a plaintiff and a defendant?

The person who files the Complaint is called the Plaintiff. The person against whom the Complaint is filed is called the Defendant.

26. What is the difference between a limited divorce and an absolute divorce?

A limited divorce is essentially a legal separation. It does not dissolve or end a marriage. A limited divorce does not permit you to marry again. An absolute divorce dissolves the marriage and can address custody, alimony, child support, and division of marital property. An absolute divorce allows you to remarry.

27. Can I request custody and child support in a divorce case?

Yes, you can. Depending on the particulars of your case, the Court will decide who to award custody to, who shall pay, and the amount to be paid in child support.

28. Do I need a lawyer?

You may need a lawyer if your case will be contested or involve a dispute over paternity, guardianship, adoption of a minor child, custody, visitation, child support, grounds for divorce, alimony, marital property, pension benefits, guardianship for a disabled adult, children in need of assistance or juvenile case. You may also need a lawyer if you need help to locate or serve the other party, obtain financial information important to your case, represent you in court, or talk with the opposing party or lawyer.

29. How do I find a lawyer?

To find a lawyer who is familiar with the domestic laws of Maryland, call the Prince George’s County Lawyer Referral Service, 301-952-1440. You can also read A Guide to Legal Services in Maryland located in the Law Library in the Courthouse. To find out if you are eligible for a lawyer at a reduced cost or at no cost, call the Community Legal Services of Prince George's County, 301-864-8353, or Legal Aid of Prince George's County, 301-560-2100.

30. Is there a cost?

The initial filing fee is $165. Additional costs may arise during the course of your case and may vary according to the service involved.

31. What do I do with the completed forms?

Make 2 copies of the forms. Keep one copy for yourself and give the original plus one copy to the Clerk of the Circuit Court, Room D1022, 14735 Main Street, Upper Marlboro, MD 20772. You must pay the filing fee or file the waiver request at the time you file your complaint or petition.

32. What forms do I need to start a case for divorce, custody, child support?

If you are proceeding with the case on your own, you can get the forms with instructions from the Family Division Information and Referral Center. You can also access and print the forms with instructions from the webpage.

33. What if I can’t pay the filing fee?

If you can’t pay the filing fee, you can request that the court waive the fee by filing DomRel 32, Request for Waiver of Prepayment of the Filing Fee. Completing this form will not guarantee a waiver. The court will notify you in writing if you have been granted a waiver of the filing fee.

34. What is a summons?

A summons is a document from the Circuit Court that informs the defendant that a complaint has been filed against her/him. The Court does not serve the party. The summons is mailed to the plaintiff so that it can be served on the defendant.

35. What is the difference between custody and guardianship of a minor?

Both allow you to make decisions for the minor and end at age 18. Under guardianship, the parents of the minor can revoke their consent at any time. Under custody, the parents need to make a motion to modify the order to change custody.

36. What kinds of custody are there?

When you file for custody, you will need to decide whether or not to request sole or joint physical and legal custody. With sole custody, the children live with one parent all the time and one parent makes all the decisions for the children. Joint custody is a court order whereby custody of a child is awarded to both parents and both parents share the time with the children and the decisions for the children.

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Circuit Court-Grand Jury

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1. What is a grand jury?

A Grand Jury is a group of 23 people, chosen from a random pool of eligible residents.

2. When does the grand jury meet?

In Prince George's County, we have two regular Grand Juries, sitting in three sessions. Each Grand Jury sits for four months, and meets weekly; one meets every Tuesday, and another meets every Thursday.

3. What does the grand jury do?

The Grand Jury, by majority vote, reviews evidence presented by the Office of the State's Attorney and decides whether there is enough evidence to charge the accused person. That charge becomes the indictment of the grand jury.

4. How do I answer the summons?

If you receive a Summons and Grand Juror Qualification Form, you must complete the Questionnaire and return it to the Jury Office within 10 days. If you have been summoned for Grand Jury, you have not yet been selected to serve. You will first attend an orientation on the date of your summons. At that time, you may be excused or asked to return for final selection.

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Circuit Court-Juror Qualification Form

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1. Why do I have to fill out the Juror Qualification Form?

You are required by law to answer those questions truthfully, to establish your eligibility to serve as a juror and to provide basic information about yourself.

2. Who can see my answers?

Most of the information will only be available to the Jury Judge, Jury Commissioner, and
their staff. During jury selection, the trial judge and lawyers receive a Jury Information Sheet with the name, age, town, marital status, highest level of education, occupation and spouse's
occupation for each person in the jury panel. The Clerk collects and destroys those sheets after the jury is seated.

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Circuit Court-Jury Duty

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1. How often can I be called for jury duty?

You are required to come to court for jury service only once within three years. If you have completed jury service in the Circuit Court for Prince George’s County less than three years before the date you are summoned to appear, you may ask to be excused based on your previous service.
Provide the date of service and your badge ID on your qualification form and/or submit a copy of your date stamped summons.

2. When and where do I report for jury duty?

On the date of your summons, if your group must report, you must be in the Jury Assembly Room, Courthouse, Room M-2400, in Upper Marlboro by 7:30 a.m. Bring your summons with you!

3. Who is qualified to serve as a juror?

If you are a citizen of the United States, at least 18 years old, and a resident of Prince George’s County on the date summoned, you are legally qualified to serve as a juror. You may not be prevented from serving because of your race, religion, sex, color, disability, economic status, or national origin.

4. Who is disqualified from jury duty?

Please see the Disqualifications page.

5. Who is exempt from jury duty?

Please see the Exemptions page.

6. How do I get to the courthouse?

Directions and areas for parking are included on the summons; please park at the Equestrian Center (Show Place Arena).

7. Where do I enter the courthouse?

Jurors are encouraged to enter the courthouse through the Marbury entrance. Bring your summons to show to the Security Officer.

8. What if I cannot report for jury duty?

You are expected to be at the courthouse on the date and time printed on the summons, unless your group was instructed not to report; in which case you will receive a notice the following year informing you of the date you are summoned to appear. If you have an emergency and you cannot come to court on your assigned date, call the Jury Office, 301-952-4385 (Mon. through Fri., 8:00 a.m. to 4:30 p.m.). You will be assigned a new date for jury service.

9. Can I change the date of my jury service?

Your date of jury duty service sometimes can be changed if there is a pressing reason, for example, a previously scheduled medical procedure of travel plans. You can make this change online or by calling the Jury Office at 301-952-4385.
Note: These instructions do not apply of you were summoned for Grand Jury service.

10. Does the law protect my employment if I am on jury service?

PROTECTIONS: The law has several protections for employees. Your employer cannot:
- Fire you (or coerce, intimidate or threaten to fire you) because you lost time from work as a result of attending court for jury service or because you had to be in proximity to the court for jury service.
- Fire you (or coerce, intimidate of threaten to fire you) if you exercise your right (under certain circumstances) not to work on a day on which you are on jury service.
- Require you to use your leave (annual, sick or vacation) for jury service.
- Under certain circumstances, require you to work on a day on which you are on jury service. If you are summoned and you appear for jury service for 4 or more hours, including traveling time, your employer cannot request you to work an employment shift that begins:
- On or after 5 p.m. on the day of your appearance for jury service; or
- Before 3 a.m. on the day after your appearance for jury service.
PAY: Your employer does not have to pay you for the time that you are on jury service, although some employers do pay their employees for the time the employees are on jury service.
LAWS: The protections are found in Maryland Annotated Code, Courts and Judicial Proceedings Article, Sections 8-501 and 8-502. Any person who violates these laws may be finds up to $1,000.
DOCUMENTATION: The Jury Office can issue you a certificate that documents the number of days you were on a jury or required to be available for jury service. You can provide this certificate if your employer wants documentation of your jury service.

11. What will happen when I get to court?

When you first enter the courthouse, you will go through a metal detector. You will be asked to put personal belongings in a tray and your handbag, briefcase or other objects may be put through an x-ray machine. Weapons, knives and any kind of sharp objects are prohibited. If you try to enter the courthouse with a weapon, etc., it will be confiscated and you may be arrested. This is for the security and safety of everyone in the courthouse. You will then be directed to the jury room (M2400) where you will be checked in by a jury clerk and given attendance. You will be directed to take a seat after which the orientation will take place.

12. What should I do if I have children?

Children are not allowed to come with you when you report for jury service. Childcare is not available at the courthouse. Please, do not bring children or adults needing care with you. If you cannot find childcare, or come to court as scheduled, please contact the Jury Office at 301-952-4385 to reschedule.

13. What should I wear for jury duty?

Please see the Acceptable Attire page.

14. What can I bring to the courthouse?

Please see the Electronic Devices page.

15. Should I bring lunch?

Jurors are permitted to bring their lunch into the Jury Lounge however; food and drinks are not permitted in the courtrooms. There are refrigerators and microwave ovens at the courthouse. Jurors who prefer to eat out will find that there are restaurants near the courthouse; Be sure to be back at the courthouse at the time the judge or Jury Office tells you to return. Please do not bring any glass containers.

16. Where can I smoke?

Smoking is not permitted inside the Courthouse. You will only be permitted to smoke when you go outside during any court recess.

17. What if I have a personal emergency?

Please see the Personal Emergencies page.

18. What if my family has an emergency while I’m in a trial?

Your family can call the Jury Office, and identify you by name. If possible, your family should also know the name of the judge presiding over the case; that will make it easier for us to find you.

19. How will I know if the court is closed in an emergency?

The courthouse may be closed if there is severe weather or another emergency. If you are serving on a jury as a trial juror, follow the trial judge’s instructions. Otherwise, you can find out if the courthouse is closed by: Calling the “call-in” number on your Juror Summons (301-952-4387), Public service announcements on your local television or radio station.

20. I just received a summons. Why me?

If you are an adult U.S. citizen living in Prince George's County, you are in our jury pool. Every three years, a computer may randomly choose you for jury duty.

21. My summons says Grand Jury; I got one before that said TRIAL Jury. What's the difference?

A Grand Jury has 23 people who serve once each week for a period of 4 months. By majority vote, a Grand Jury decides whether to indict or charge someone with a crime. If you have been summoned for Grand Jury, you have not yet been selected to serve. You will first attend an orientation on the date of your summons. At that time, yo may be excused or asked to return for final selection. A trial jury (previously called a Petit Jury) must reach a unanimous decision for a final verdict. In a criminal case, there will be 12 jurors, plus some alternate jurors. In a civil case, there will be 6 jurors, plus some alternates. While all jurors and alternates selected will hear the same evidence, alternate jurors may be excused before deliberations--the time when the jurors decide the verdict.

22. What is the significance of my Group?

Each group of jurors represents the number of people needed for a trial or group of trials. If that trial or those trials are cancelled for any reason, your group may not be needed. So, you must follow the instructions for your Group. However, if your Group is excused, you may receive another summons in the next calendar year.

23. How long must I serve as a juror?

If your group is required to report, you must come to the courthouse, without any other obligations, AT LEAST for that full day. Once you appear in the courthouse, you may only be excused by a judge or the Jury Commissioner. If jury selection extends beyond one day, you may be required to return daily until the entire jury is seated, or until the judge excuses you. If you are selected to serve on a trial, you must return for service daily until that trial concludes and the judge excuses you.

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Circuit Court-Legal Assistance

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1. How can I find a lawyer who can help me?

Call 301-952-1440, this is the phone number to the Prince George’s County Bar Association.

2. But, what if I can’t afford a private attorney?

Please see the Pro Bono and Discounted Representation page.

3. Can someone just answer a few questions?

Please see the Information Center page.

4. Should I have a lawyer handle my case?

Please see the Reasons to Have a Lawyer page.

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Circuit Court-Summons

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1. I just received a summons. Why me?

If you are an adult U.S. citizen living in Prince George's County, you are in our jury pool. Every three years, a computer may randomly choose you for jury duty.

2. My summons says Grand Jury; I got one before that said TRIAL Jury. What's the difference?

A Grand Jury has 23 people who serve once each week for a period of 4 months. By majority vote, a Grand Jury decides whether to indict or charge someone with a crime. A trial jury (previously called a Petit Jury) must reach a unanimous decision for a final verdict. In a criminal case, there will be 12 jurors, plus some alternate jurors. In a civil case, there will be 6 jurors, plus some alternates. While all jurors and alternates selected will hear the same evidence, alternate jurors may be excused before deliberations--the time when the jurors decide the verdict.

3. What is the significance of my Group?

Each group of jurors represents the number of people needed for a trial or group of trials. If that trial or those trials are cancelled for any reason, your group may not be needed. So, you must follow the instructions for your Group. However, if your Group is excused, you may receive another summons in the next calendar year.