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E-Filing in Maryland

Maryland Electronic Courts (“MDEC”) is Maryland’s E-filing system for District Courts, Circuit Courts and Appellate Courts in the state.  E-filing allows attorneys or self-represented litigants to submit pleadings to a state court through the internet.  E-filing also allows attorneys or self-represented litigants to serve an opposing party through the internet.  The idea behind MDEC is that it will be used as an integrated case management system by all of the state courts in Maryland.  

The following counties in Maryland have launched MDEC: Allegany, Garrett, Frederick, Washington, Anne Arundel, Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne’s, Somerset, St. Mary’s, Talbot, Wicomico, and Worcester. 

When MDEC is launched in a county, attorneys are required to file pleadings electronically in civil and criminal cases in District Court, Circuit Court, and any appellate proceedings.  Self-represented litigants have the option to file pleadings electronically or to file paper pleadings at the court.  If a self-represented litigant files a paper pleading at the court, the court will immediately scan and maintain the pleading electronically.

The Judiciary’s goal is to implement MDEC in all state courts in Maryland by 2021.

By: Christina P. DeVault

Patrick W. Dragga, Heather Collier, Christina P. DeVault & Amanda C. Smith are proud members of the Women’s Bar Association of Montgomery County

Patrick W. Dragga, Heather CollierChristina P. DeVault & Amanda C. Smith are proud members of the Women’s Bar Association of Montgomery County. 

As excerpted from the WBA website:

The Women’s Bar Association of Maryland (“WBA”) is an organization of women and men committed to the full and equal participation of women in the legal profession and in a just society. The WBA believes that a strong community of women in the legal profession is essential to the administration of justice.

Jackson v. Jackson, No. 62, Sept. Term, 2015

The Jackson v. Jackson case is a case of first impression in Maryland and addresses whether a trial judge has the authority to consider Social Security benefits when determining the division of marital property. In Jackson, Milton E. Jackson (hereinafter “Husband”) was a federal employee for most of his career and a participant of the Civil Service Retirement System (CSRS) pension program. CSRS participants do not contribute to Social Security during their period of federal employment and thus do not accrue social security benefits to receive in retirement. Gayle S. Jackson (“Wife”) participated in the Maryland State Retirement Service (“MSRS”) plan and, a system which does not foreclose the receipt of full social security benefits in addition to her pension. The parties were able to resolve all issues related to their marriage except how to divide their respective pension plans.

What is a Subpoena?

What is a subpoena?

A subpoena is an order, issued in a pending court case, commanding a person to appear at a stated date and time, and possibly to produce documents, subject to penalty for failing to comply.  A subpoena may require appearance at the court for a trial, hearing, or other matter to be heard at the courthouse or may require appearance at a deposition to give testimony and/or provide documents. 

New grounds for divorce in Maryland – Mutual Consent

As of October 1, 2015 there is a new ground for absolute divorce in Maryland.

Parties can now obtain an absolute divorce based on mutual consent if the parties do not have minor children in common, the parties submit to the court a written and signed settlement agreement resolving the parties’ alimony and property rights and neither party files a pleading to set aside the settlement agreement prior to the divorce hearing. Both parties must appear before the court at the absolute divorce hearing.

Process for filing for Divorce based on Mutual Consent in Montgomery County:

When filing for divorce based on Mutual Consent, the Circuit Court for Montgomery County, Maryland is requiring that the written and signed settlement agreement be submitted with the complaint and that the following new Joint Request for Uncontested Divorce Hearing form (exclusively for Mutual Consent grounds) be filed:

By: Christina P. DeVault

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