I. Introduction

Dismissals are a crucial part of case management in the District Court, allowing parties to end legal actions under specific circumstances. This SOP outlines the procedures for voluntary dismissals and dismissals for lack of jurisdiction or prosecution, providing clear guidance for new paralegals or legal assistants.

II. Voluntary Dismissal – Maryland Rule 3-506

A. Methods of Voluntary Dismissal

A party can dismiss a complaint, counterclaim, cross-claim, or third-party claim in one of the following ways, according to Maryland Rule 3-506:

1. Notice of Dismissal Without Leave of Court:

   • When: Before the adverse party files a notice of intention to defend, or if the notice specifies dismissal with prejudice, at any time before judgment.

   • Process: File a notice of dismissal.

2. Stipulation of Dismissal Without Leave of Court:

   • When: An action can be dismissed if all parties sign and file a stipulation of dismissal.

   • Use Case: Commonly used when an action has been settled before trial.

3. By Court Order:

   • When: For any other reason, dismissal must be by court order on terms and conditions the court deems proper.

   • Considerations: The court will generally grant the motion unless the defendant would suffer "plain legal prejudice."

B. Factors for Court-Ordered Voluntary Dismissal

When deciding on a motion for voluntary dismissal without prejudice, the court considers:

1. The non-moving party's effort and expense in preparing for litigation.

2. Excessive delay or lack of diligence by the moving party.

3. The sufficiency of the explanation for the need for a dismissal without prejudice.

4. The present stage of litigation, especially if a dispositive motion is pending.

C. Without Prejudice and With Prejudice

• Without Prejudice: Default unless specified otherwise. Allows for refiling of the case.

• With Prejudice: If previously dismissed without prejudice in any state or federal court, a notice of dismissal operates as an adjudication on the merits for the same claim.

D. Practice Pointers

• For Defendants: Request dismissal with prejudice to prevent the plaintiff from refiling.

• For Plaintiffs: Dismissal without prejudice allows the client to address issues and refile if necessary.

• Statute of Limitations: Ensure any subsequent similar claim is filed within the applicable statute of limitations period.

III. Dismissal for Lack of Jurisdiction or Prosecution – Maryland Rule 3-507

A. Dismissal for Lack of Jurisdiction

• Rule: Maryland Rule 3-507(a) allows dismissal of an action against a defendant not served within one year from the last issuance of original process.

B. Dismissal for Lack of Prosecution

• Rule: Maryland Rule 3-507(b) allows dismissal of an action for lack of prosecution if no docket entry has been made for one year, excluding entries under this Rule, Rule 3-131, or Rule 3-132.

• Automatic Dismissal: Typically happens automatically without any action by the defendant.

C. Court-Initiated Dismissal

• Process: The court can dismiss an action for lack of jurisdiction or prosecution on its own motion or on a defendant's motion.

• Notice: The court’s order of dismissal will be without prejudice, and the clerk will serve notice of the order upon all parties.

IV. Practical Information, Tips, and Tricks

A. Where to Find Dismissal Forms

• Online Resources: Access the Maryland Judiciary website for forms related to dismissals.

• Law Firm Database: Utilize your firm’s shared drive or database for commonly used forms.

• Court Clerk's Office: Obtain forms directly from the District Court Clerk’s Office.

B. How to E-File a Dismissal

1. Access the E-Filing System:

   • Log in to the Maryland Electronic Courts (MDEC) system.

2. Prepare the Dismissal:

   • Ensure all required information is included and the document is properly formatted.

   • Attach necessary documents.

3. Submit the Dismissal:

   • Select the appropriate case in the MDEC system.

   • Upload the dismissal document.

   • Review and confirm the submission.

4. Confirmation:

   • Save or print the confirmation email with a timestamp for your records.

C. Additional Items for Back-End Operations

1. Document Management:

   • Maintain digital and physical copies of all filed dismissals and related documents.

   • Organize documents in the case file for easy access.

2. Communication:

   • Ensure clear communication with clients, opposing counsel, and court personnel.

   • Document all communications for future reference.

3. Tracking and Follow-Up:

   • Use a case management system to track deadlines and responses.

   • Follow up on filed dismissals to ensure proper processing.

D. Tips and Tricks

1. Early Preparation: Start preparing dismissals well in advance to avoid last-minute issues.

2. Clear Language: Use simple, direct language in your motions.

3. Specific Details: Provide detailed reasons and attach supporting documents.

4. Review and Proofread: Carefully review and proofread all documents before filing.

E. Understanding Deadlines

• Familiarize yourself with the court’s deadlines for filing and responding to dismissals.

• Use a calendar or case management system to track all important dates.

V. Frequently Asked Questions

Q1: What is the purpose of a dismissal?

• A dismissal ends a legal action either temporarily or permanently, depending on whether it is with or without prejudice.

Q2: How do I know if a hearing is needed for a dismissal?

• Generally, a hearing is not needed for voluntary dismissals unless specified by the court.

Q3: What should I do if I cannot contact opposing counsel for a consent dismissal?

• Document your attempts to contact them and include this information in your filing.

Q4: Can a dismissal be filed orally?

• No, dismissals must be filed in writing.

VI. Conclusion

Following these procedures ensures that dismissals in the District Court are handled efficiently and effectively. Adhering to the specified rules and guidelines helps maintain compliance with the court’s streamlined process. For detailed examples and forms, refer to the attached templates and samples.