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Civil Court Update from Administrative Judge for Montgomery County

Pursuant to the June 3, 2020 Court of Appeals Amended Order On The Progressive Resumption of Full Function Of Judiciary Operations and the June 3, 2020 Court of Appeals Second Revised Administrative Order On The Emergency Tolling of Suspension of Statues of Limitations And Statutory And Rules Deadlines Related To The Initiation of Matters and Certain Statutory And Rules Deadlines in Pending Matters, and the June 3, 2020 Court of Appeals Amended Administrative Order Lifting the Suspension During the VOID-19 Emergency Of Foreclosures, Evictions, And Other Ejectments Involving Residences,  the following update is provided:
Effective July 20, 2020 the Judiciary entered Phase III of the Return to Full Operations.
District Six will begin processing civil matters in Phase III. This will include:
  • Affidavit judgments with trial dates prior to March 16. 2020
  • Consent Judgments
  • Confessed Judgments
  • Garnishments
  • Civil motions and proceedings that are ripe and do not require a hearing
  • Uncontested matters ripe prior to March 16, 2020
The following civil matters may be heard during Phase III:
  • Wrongful detainer actions (emergency and non-emergency)
  • Breach of lease actions
  • Tenant holding over actions
  • Rent escrow actions (subject to local code inspectors’ ability to provide inspections)
  • Warrants of restitution related to judgments in said matters
The following matters will proceed after July 25, 2020 (subject to any future legislation/action, Executive Order/action, Court of Appeals Order/action):
  • Processing of previously stayed warrants of restitution for failure to pay rent action
Other Landlord-Tenant actions will proceed in Phase IV, pursuant to the above-identified order and pursuant Chief Judge Morrissey’s July 16, 2020 Communication Regarding Phase III Landlord/Tenant Actions and Cares Act Information with the District Court.
The following civil matters will be scheduled for dockets beginning on/after August 31:
  • Civil proceedings previously postponed from trial dates dates of March 16, 2020 through July 20, 2020
Pursuant to Chief Judge Morrissey’s July 10, 2020 Second Revised Communication Regarding Affidavit Judgments in the District Courtcases with trial/affidavit judgement dates occurring from March 16, 2020 through July 20, 2020 will be reset for trial/affidavit judgment. Notice to parties.
Thank you for your consideration of these newly phased-in civil functions.

Patricia Mitchell, Administrative Judge, District Court

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