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NEW DISCOVERY SANCTIONS DCM
POLICY ANNOUNCED FOR CIRCUIT COURT Anne Arundel County Circuit Court judges unanimously agreed to adopt officially a new discovery sanctions plan on December 19, 2007. The plan applies to both civil and family law discovery disputes. The initially-designated "Discovery Sanctions judge" is the Honorable Michael Loney. All discovery motions seeking immediate sanctions will be submitted to Judge Loney, unless the dispute arises in the midst of a trial or other hearing. If a mid-trial discovery dispute arises, the trial judge may decide this. The discovery sanctions policy does not modify any Maryland Rule or case law as to discovery disputes. It simply offers: a) prompt attention to sanctions motions and b) uniform rulings by a single judge. Judge Loney informally began acting as Discovery Sanction judge in October 2007. During the first six (6) weeks of the program, he encountered little difficulty in promptly resolving discovery disputes. He awarded a number of sanctions, mostly small counsel fees (e.g., $250) for the cost of filing motions for sanctions. Judge Caroom continues to co-chair the Circuit Court Discovery Committee. Comments or suggestions about the policy- not about specific cases- may be directed to him in writing or offered anonymously by clicking the following link: Discovery DCM Survey. The Court may consider further revisions to the policy if needed in the future.
MEMORANDUM December 19, 2007
TO: Circuit Court counsel & Clerks
FROM: The Circuit Court for Anne Arundel County bench
REe: DCM Discovery Sanctions Policy Purpose of Policy: To provide a consistent and firm procedure to impose sanctions when appropriate for discovery noncompliance in both civil and family cases. Discovery Sanctions Judge: The Administrative Judge's designee to determine the entry of sanctions for discovery noncompliance. The Discovery Sanctions Judge shall have limited DCM authority to modify scheduling orders and continue hearings as necessary for discovery compliance purposes. Discovery Sanctions: Sanctions are provided in Maryland Rule 2-433 and pursuant to sections 8 and 10 of the Court's Civil and Family DCM plans, respectively. Motions for Sanctions: Except as provided in paragraph II.B. below, motions shall: (1) be submitted in writing; (2) be timely filed in accordance with the Maryland Rules and any Scheduling Order issued in the case; (3) be appropriately and clearly titled; (4) contain a certificate pursuant to Maryland Rule 2-431; (5) include an affidavit as to attorney's fees, if fees are requested;1 and (6) include a proposed Order. I. Chambers Civil Clerk's Office: All discovery motions that include "sanctions" in the heading shall be sent to the discovery sanctions Judge. Judges/Masters/Law Clerks/Court Staff: If a discovery motion requests sanctions, the file shall be sent to the Discovery Sanctions Judge. The Discovery Sanctions Judge will rule on any motion requesting sanctions, and will determine which cases should be set in for a hearing before the Discovery Sanctions Judge. Only the Discovery Sanctions Judge may enter sanctions from motions received in chambers, unless the case is specially assigned. All other discovery motions, including motions to compel, shall be considered by the chambers judge. II. Hearings A. Settlement/Pre-Trial Conferences: At the time of the Settlement/Pre-Trial Conference, another judge or master should refer a discovery sanctions motion to the Discovery Sanctions Judge for a ruling and, if necessary, a hearing before the next Settlement/pre-Trial Conference or scheduled hearing date. The parties and counsel may be required to appear for the hearing, even if discovery is completed prior to the hearing, unless excused by the Discovery Sanctions Judge. B. Merits/Motion/Pendente Lite Hearings: This policy does not apply to a discovery violation first recognized during a merits, motion or pendente lite hearing. In that event, the trial judge or master may impose any appropriate sanction, unless the trial judge or master finds it appropriate to defer a specific sanction for later consideration by the Discovery Sanctions Judge. Footnote: If there is no request for a hearing on the motion and there is an affidavit from counsel as to attorney’s fees, the Discovery Sanctions Judge may award fees and other sanctions without a hearing. Click here to view the Court's DCM Discovery Guidelines
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