COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. GENERAL INSTRUCTIONS No. : Index For Use with All DOM REL Forms : Calendar No. Please read these instructions before you file your papers. These instructions may contain : some legal words that are not familiar toPlaintiff(s) of common legal words and their definitions you. A list JUDICIAL SUBPOENA is attached. -against- DO I NEED A LAWYER? : The answer is probably YES if: V : : Defendant(s) : . . . . . s. . . . . .case .is .contested . . . . the. other. side. has .a. lawyer.. . the . . . . . . . . . . . . and . . . . . . . . . . . . . . . . . . s you do not have an address for the other side. THE PEOPLEcannot locate theOF NEW YORK s you OF THE STATE other side to serve him or her with your papers. TO s this is a divorce case and either side has a house, a pension, or a large amount of property or income. Even if it is a friendly divorce, you SHOULD talk to a lawyer before you sign any settlement papers or file anything in court. GREETINGS: s you and your spouse do not agree on who should have custody of the children. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable think the court will need information that you cannot get. at the Court s you located at County of in room you are seeking an annulment. , on the day of , 20 , at o'clock in the noon, and at any recessed s or adjourned date, to testify and give evidence as a witness in this action on the part of the You may also need a lawyer if after reading these instructions you feel you need help to file your case. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalfget a subpoena was issuedduring the course of this case, and all damages sustained as a You can talk to or this lawyer at any time for a maximum penalty of $50 BUT getting a result of your failure minute usually will not be grounds for a postponement, and many lawyers will lawyer at the last to comply. not take a case at the last minute. Witness, Honorable , one of the Justices of the Court If you are looking for a lawyer or legal advice,, see the Family Law Resource Guide. Most in County, day of 20 circuit courts have a Pro Se Assistance Program to provide help on a walk-in basis to people who do not have a lawyer. Ask the Clerk’s Office of the Family Support Services Coordinator in your court for information on the Pro Se Assistance Program. (Attorney must sign above and type name below) V WHERE SHOULD I FILE MY FORMS? Attorney(s) for All family law cases are filed in a circuit court, except for a Petition for Protection from Domestic Violence, which can be filed in a circuit court or the District Court. There are circuit courts and District Courts in all Maryland counties. Office and P.O. Address s IF YOU ARE FILING AN ANSWER If you are filing an Answer, you must file in the county where the Complaint, Petition or Telephone No.: Motion was filed. If you think the other side filed in the wrongNo.: Facsimile county, you can ask the court Page 1 of 9 E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. to move the case to a different county This is a situation: that may require a lawyer’s Index No. assistance. : s Calendar No. IF YOU ARE FILING A COMPLAINT, PETITION OR MOTION Plaintiff(s) : JUDICIAL SUBPOENA If you are filing a Complaint, Petition or Motion, you have some choices: -against- q : A DIVORCE case must be filed in the county where you live or where the other : side lives or works. : q A case about CUSTODY, VISITATION or CHILD SUPPORT can generally be Defendant(s) : . . . . . . . . . . . . . . . filed .where the .child or .either. parent. lives.. . [Special rules may apply if the child .... ........ ...... .... ..... .... . no longer resides in Maryland. In this situation you may need the assistance of a lawyer]. THE PEOPLEq A NAME CHANGE must be filed in the county in which you reside. OF THE STATE OF NEW YORK TO If there is an earlier case between you and the other side in one county, you may be able to file this case in a different county. x HOW MUCH WILL THIS COST? GREETINGS: WE COMMAND must that all when you file a case. The fee may vary depending on There is a fee which YOU, be paidbusiness and excuses being laid aside, you and each of you attend before , the Honorable are filing a new case or reopening an old case. The court may also charge a fee for at the Court whether you located at County of other services such as having the sherriff’s department serve your papers on the other side, coin parenting education, and mediation. These fees vary., at the clerk to in the the amount at any recessed room , on the day of , 20 o'clock tell you noon, and of all Ask orfees and when thetestifywill need evidence as a witness in this action on the part of the adjourned date, to fees and give to be paid. To ask the court to delay or excuse the fees if you have little or no money or income, file the form DOM REL 32 at the beginning of your case. as a contempt of court and will make you liable to Your failure to comply with this subpoena is punishable the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result HOW DO I START? V of your failure to comply. Witness, Honorable Read and follow the instructions below to start your case. Court in County, day of , one of the Justices of the , 20 s See the checklist at the end of these instructions to choose the forms you need for your case. If you need assistance with the forms, contact the Pro Se Assistance Proram in (Attorney must sign above and type name below) your local circuit court. Please remember that the Clerk’s Office cannot assist you in the selection of the proper form or aid you in the completion of forms. s There are instructions to help you complete the forms. Read for forms and instructions Attorney(s) the carefully. s Complete each form you need to start or answer the case. Office and P.O. Address s Make sure all names and addresses are correct. s If you do not have an address for the other side and have done everything you can to find Telephone No.: the address, call the Legal Forms Helpline (1-800-818-9888) to see if resources are Facsimile No.: Page 2 of 9 E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. available in your county to help you. You may be able file a Motion for Alternate : Index No. Service, DOM REL70. For help with that form, consult the Pro Se Assistance Project in your local circuit court. : Calendar No. s : You may need to file a DomesticPlaintiff(s) Case Information ReportJUDICIAL SUBPOENA in addition to the DOM REL forms. This form helps the court determine how to schedule your case. Ask the clerk if -againstyou need to file this form. If so, complete the form. : Check each box tat you think applies to your case. : s File all completed forms with the Clerk of Court. You should have at least three (3) : copies of your papers when you are filing your case: one for the court; one for the other Defendant(s) : side; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and .one. for yourself. . . . . . . . . . . . . . . . . . . . . . . . s All papers you file with the court must also be served on the other side. THE PEOPLE IS SERVICE? OF NEW YORK x WHAT OF THE STATE TO “Service” or “service of process” is making sure the other side gets a copy of the papers you are filing. If you are starting a case, your case cannot go forward until the other side is “served.” x HOW DO GREETINGS: I SERVE SOMEONE? s WEYOU ARE SERVING all business and excuses being laid aside, you and each of you attend before IF COMMAND YOU, that AN ANSWER: , the Honorable at the Court located at County ofYou MUST mail a copy of the answer and a copy of everything you are filing to the other in room on certificate ofof day service at the 20 , bottom at the Answer. Do not forget to and at any recessed , of o'clock in the noon, file your side. Fill in, the the or adjourned date, to testify and give evidence as a witness in this action on the part of the answer with the Clerk of Court. If you are serving a counterclaim with your answer, you may serve the counterclaim (including all other DOMwith this subpoenahave attachedas athe counterclaim) andmailing you liable to Your failure to comply REL forms you is punishable to contempt of court by will make the party on whose behalf this the other side.issuedin the maximum penalty of $50the bottom of thesustained as a copies of everything to subpoena was Fill for a certificate of service at and all damages result counterclaim. to comply. of your failure Do not forget to file the counterclaim and all of the forms attached to the counterclaim with the Clerk of Court. Witness, Honorable , one of the Justices of the Court s IF YOU ARE SERVING Aof in County, day COMPLAINT, PETITION, OR MOTION: , 20 The court will issue a Writ of Summons. You must make sure that the Writ of Summons (Attorney must papers and type served on is attached to a copy of the complaint, petition, or motion. These sign abovemust bename below) the other side along with any other forms you have filed, such as a Domestic Case Information Report or a financial statement. Attorney(s) for Choose a method of service. Service can be made one of several ways: q q q by sheriff; by private process; or Office and P.O. Address by certified mail using a friend or relative or other adult. YOU CANNOT SERVE THE OTHER SIDE YOURSELF. No.: Telephone Whichever method you choose, proof that the other side was served must be filed with the court. A person can be Facsimile No.: Page 3 of 9 E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . served . home, at work, or anywhere else the person happens to be. . . . . . at : Index No. s SERVICE BY SHERIFF: : Calendar No. : You can have the sheriff serve the other side. The sheriff will charge a fee. Ask the JUDICIAL SUBPOENA Plaintiff(s) Clerk of Court the amount of the fee. The clerk will send your papers to the sheriff. You -againstwill need to check with the clerk to see if the other side : been served. The sheriff will has send the clerk a “return of service” to prove the sheriff served the papers. : s SERVICE BY PRIVATE PROCESS: : Defendant(s) There are two ways to serve someone by private process: 1) by a private process serving : ...................................................... company for a fee; or 2) by an adult over the age of 18. You CANNOT serve the papers yourself. THE PEOPLEPRIVATE PROCESS SERVING COMPANIES: q OF THE STATE OF NEW YORK TO This method is often fast and is also good if the other side is hard to locate. Ask the Clerk of Court to give you back the Writ of Summons and the other papers to be served. Give the process server the Affidavit of Services (Form DOM REL 55) and the papers to be served. Ask the process server to return the completed Affidavit of Service to you GREETINGS: once the other side is served. File the completed Affidavit with a copy of the Writ of Summons attached with the Clerk of and excuses being laid aside, you and each of you attend before WE COMMAND YOU, that all businessCourt. , the Honorable at the Court located at County of q PRIVATE PROCESS USING AN ADULT OVER THE AGE OF 18: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the This is an inexpensive way to serve someone. THE PRIVATE PROCESS SERVE CANNOT BE YOU. The adult serving the papers must give the papers directly to the other party. The papers cannot be left at the other party’s address or left with anyone else. Have the person who served subpoena is punishable as a contempt of court and will REL Your failure to comply with thisthe other party fill out an Affidavit of Service (DOMmake you liable to the party on whose behalf this subpoena was issued for a maximum penalty ofof Summons attached, 55) completely. Then file the Affidavit, with a copy of the Writ $50 and all damages sustained as a result of your failure to comply. with the Clerk of Court to prove the other side was served. one of the Justices of the s Witness, Honorable SERVICE BY CERTIFIED MAIL SENT BY AN ADULT, OVER THE AGE OF 18: Court in County, day of , 20 This is a good method of service if the other side lives far from you. It does require that the other side accept the papers and personally sign the receipt (green card). (Attorney must sign above and type name below) An adult, other than you, should take the papers to the Post Office and follow the instructions for mailing by certified mail, restricted delivery, return receipt requested. The adult must fill out an Affidavit (DOM REL 56) indicating that hefor she mailed the papers Attorney(s) or and the other party received them. If the other party receives the papers, the receipt (green card) will be returned to you with the other side’s signature. Attach the receipt (green card) and a copy of the Writ of Summons to the completed Affidavit, and file the Affidavit with the Clerk of Court as proof that the other party received the papers. P.O. Address Office and If the receipt (green card) is returned with the wrong signature or if the entire envelope comes back undelivered, you will have to make another attemptNo.: Telephone at service or see an attorney. Page 4 of 9 Facsimile No.: E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : x WHAT HAPPENS IF SERVICE IS NOT MADE? : Index No. Calendar No. There may have to be several attempts to serve the other side by using different methods. A : Writ of Summons is only good for 60 days -- this means you haveJUDICIAL SUBPOENA to have the other party served Plaintiff(s) within those 60 days. You will have to ask the Clerk of Court in writing to issue a new Writ of -against: Summons if the other side has not been served within 60 days. You may be able to file a Motion for Alternate Service, DOM REL 70, if you cannot locate the Defendant. If several attempts to : serve the other side have been unsuccessful, you may want to consult a lawyer for help. x WHAT HAPPENS IF SERVICES IS MADE? : Defendant(s) : ...................................................... The person has 30 days to answer if he or she is served in Maryland, 60 days to answer if he or she is served out-of-state, and 90 days to answer if he or she is served outside the United States. THE PEOPLE OF THE STATE OF NEW YORK x HOW DO I GET A HEARING DATE? TO In most counties, a court date is automatically scheduled. If you have filed for a divorce or if you are involved in a custody case, and if the case is contested, many counties will set a date for a Scheduling GREETINGS: Conference and send you a notice requiring you to attend. If you have filed for YOU, that allthe other and excuses being laid aside, you and each of you attend before WE COMMAND divorce and business party has filed an answer indicating that they agree with your request, you must then contact the Clerk of Court to request an uncontested hearing be , the Honorable at the Court located at County of scheduled. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjournedtime for testify and of the answer as a witness and the otheron thehas not the an answer, date, to the filing give evidence has passed in this action side part of filed If the you should file a Request for Order of Default (DOM REL 54). If the judge signs the Order of Default, you will then be able to request that an uncontested hearing be scheduled. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to If you have not heard from the court issued for a maximum penalty of do and all damages sustained as a the party on whose behalf this subpoena wasonce the answer is filed and you $50not know what to do, result of your failure tothe Clerk of Court to determine whether you need to request a hearing. You you should contact comply. may request a hearing or other proceeding using the Request for Hearing or Proceeding Form Witness, , one of the Justices of the (DOM REL 59).Honorable Court in County, day of , 20 In order to ensure that you receive proper notice of all hearings, be sure that the Clerk of Court and the opposing party or their attorney always have your correct address. If you move while the case is pending, be sure to inform both the Clerk and the opposing party ofname below) (Attorney must sign above and type your change of address in writing. NOTE: If you have been the victim of domestic violence, or otherwise have concerns Attorney(s) for about your safety or the safety of your children, you may request that your address not be disclosed to the opposing party. If this is the case, do not put your address or the address of children residing with you on court documents. Contact the Clerk of Court to provide the court with your correct address and leave your address off all official Office and P.O. Address documents - -and inform them of your request not to disclose your address. You should still send copies of all papers you file with the court to the opposing side, but they should not have your address on them]. Telephone No.: Page 5 of 9 Facsimile No.: E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. x WHAT HAPPENS IN COURT? : Index No. On the day your case is scheduled, make sure you are there early. Often you will need to : Calendar No. check in with the court personnel in the courtroom. If you are not there when your case is called, : your case could be thrown out or the court could rule in favor of the other side. SUBPOENA JUDICIAL If you have to Plaintiff(s) miss your court date because of an emergency, contact the court BEFORE you are scheduled to -against: be in court. : You may be able to have the court look at documents or other evidence, such as pay stubs or pictures. Have your documents and other evidence with you that day; have them in order; and : have extra copies. Defendant(s) : ...................................................... The other side and his or her witnesses also will have a chance to tell his or her story and can present the same kinds of evidence. You will have a chance to cross-examine the other side and his or her witnesses. THE PEOPLE OF THE STATE OF NEW YORK x WHAT IF I STILL HAVE QUESTIONS AFTER READING THESE TO INSTRUCTIONS? If you do not understand these instructions or you still have questions, please return to your local Pro Se Assistance Program for additional help. You can contact the Legal Forms Helpline GREETINGS: at 1-800-818-9888 or the Family Law Hotline at 1-800-845-8550 for free legal advice on using the DOM REL forms or YOU, that all business and excuses being laid aside, you and each of you attend before WE COMMAND on family law issues. , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Court in Witness, Honorable County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Page 6 of 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. DICTIONARY : Index No. Absolute Divorce: the final ending of the marriage. Both parties are legally free to remarry. : Calendar No. See Annotated Code of Maryland, Family Law Article, Section 7-103. See also Limited Divorce. Plaintiff(s) Affidavit: a written statement made under oath. -against- : JUDICIAL SUBPOENA : Annulment: a court’s decision that a marriage is void; it never legally existed. It is available : only under certain limited circumstances. : Answer: the written response to a complaint, petition or motion. Defendant(s) : ...................................................... Child Support Guidelines: Maryland has child support guidelines which must be followed in awarding child support. The guidelines provide formula for calculating support based on the number of children in the family, and the combined gross income of the adults. There is a THE PEOPLE OF THE STATE OF NEW YORK court will review the figures on the worksheet and worksheet which each side must fill out. The apply the guidelines. There are only a few circumstances when the court can award child support TO higher or lower than the guidelines. See the Annotated Code of Maryland, Family Law Article, Sections 12-201 through 12-204. Complaint: a legal paper that starts a case. GREETINGS: WE COMMAND YOU, that court order. Once side can request that the court determine Contempt: failure to follow a all business and excuses being laid aside, you and each of you attend before , the Honorable side is in contempt and punish him or her. at the Court that the other located at County of in room , on Witness: a person who testifies for you and o'clock up the story. Ifand at any recessed day of , 20 , at Corroborative the backs in your noon, you are or adjourned date, to testify and give evidence as a witness in this action on the part of the asking the court to grant a divorce, you must bring to the hearing a witness you can corroborate your grounds for divorce. Your - Sole & Joint: refers to the legal arrangements a contempt of court and child will Custodyfailure to comply with this subpoena is punishable asregarding with whom awill make you liable to the party on whose behalf this subpoena was issuedmade. maximum has twoof $50 and all damages sustained as a live and how decisions about the child will be for a Custody penalty parts: legal and physical. result of custody referscomply. Legal your failure to to decision-making authority. If a parent is awarded sole legal custody, it means that they alone can make major decisions for the child including, for example, Witness, Honorable , one of the Justices of the medical/dental and educational decisions. Physical custody refers to where the child lives on a Court in basis. If they choose to settle the case, parents can make any custodial arrangement that County, day of , 20 regular is in the best interest of the children. If the court must decide custody, the judge will have to determine what is in the best interest of the children. (Attorney must sign above and type name below) Default: a party’s failure to answer a complaint, motion or petition. Defendant: the person the case is brought against. Attorney(s) for Discovery: a way for getting information from the other side or other people. Discovery methods include interrogatories (written questions which one side gives the other side to Office and P.O. Address complete) and depositions (a question and answer session conducted in person and recorded). Dissolution: the legal end of a marriage. Page 7 of 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. Evidence: testimony of witnesses and documents which are presented to the court and : Index No. considered by the court in making a decision. : Calendar No. Grounds for Divorce: the legal basis for a divorce. The law sets out specific circumstances : under which a divorce will be granted. Before the court will grant a divorce, the person seeking JUDICIAL SUBPOENA Plaintiff(s) the divorce must prove that those conditions exist. -against- : Filing: giving the Clerk of Court your legal papers. : Judgment: a court’s decision. : Defendant(s) : . . . . . Limited. Divorce: .establishes . . . . . . .legal .responsibilities while the parties are separated but . . . . . . . . . . . . . . . . . . . . . . . . certain . . . . . . . . . . . . . . . does not end the marriage. See Annotated Code of Maryland, Family Law Article, Section 7102. See also Absolute Divorce. THE PEOPLE OF THE STATE OF NEW property acquired during the marriage, even it is not titled Marital Property: includes ALL YORK in both names, with some exceptions. See Annotated Code of Maryland, Family Law Article, Section 8-201(e) for definition and Sections 8-203 through 8-205 for how the court treats marital property. TO Master: GREETINGS: hears cases like a judge. A master’s decision is reviewed by a judge before becoming final. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable a request to the court. at the Court Motion: located at County of in room , on the day of , custody, child support, child visitation, and at any recessed , at o'clock in the noon, alimony, Pendente lite: temporary arrangements for20 or adjourned date, to testify and give evidence as a witness in this action on the part of the use and possession of the family home, etc. until a final hearing. Petition: a legal paper that starts a case. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was case. for a maximum penalty of $50 and all damages sustained as a Plaintiff: the person who started the issued result of your failure to comply. Pro se / Proper Person: representing yourself in court without an attorney. Witness, Honorable Court Reconciliation: marriage people getting back ,together. in County, day of 20 , one of the Justices of the Service: providing a copy of the papers being filed to the other side. (Attorney must sign above and type name below) Spouse: husband or wife. Attorney(s) for Subpoena: a form issued by the court requiring someone to appear in court and/or bring documents. Uncontested Divorce: when the defendant is not going to try to stop the divorce and there Office and P.O. are no issues for the court to decide about children, money or property. Address Page 8 of 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. Use and Possession: the right of the parent who has custody of a minor child of the marriage : Index No. to remain in the family home for up to three years from the date of the divorce, under certain circumstances. See Annotated Code of Maryland, Family Law Article, Section 8-206 through 8: Calendar No. 211. Plaintiff(s) Venue: the county where the case is heard. -against- : JUDICIAL SUBPOENA : Writ of Summons: a form issued by the court directing: a party to respond to a complaint, motion or petition. : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Court in Witness, Honorable County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Page 9 of 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DR0-1 - Revised 21 February 2001 American LegalNet, Inc. www.USCourtForms.com