Do's and Don'ts in Court

Common Mistakes: Feedback from the Courts

The forms and instructions provided by the court provide an excellent foundation for representing yourself in divorce and other family matters. However, there are some common problems that even some attorneys encounter. The following tips were collected from the court staff in 24 circuit courts in Maryland.

Common Mistakes That You Can Avoid
MORE Common Mistakes That You Can Avoid
Tips From the Family Support Services Coordinators

Common Mistakes That You Can Avoid

Failure to sign the court documents (pleadings)
Failure to include the required attachments (exhibits) with the papers that you file with the court.
Failure to provide the correct addresses to serve the papers on the other side (the address should include the local subdivision and/or county).
Failure to provide detailed directions to help the sheriff to find the other party to give them a copy (serve) of the court papers.
Submitting the wrong filing fees. (Call the court clerk if you are not sure.)

The Family Support Services Coordinators offer some additional tips based on their experiences in the special Family Divisions. Even if your county does not have a special Family Division, these tips are useful to follow in your family law case.

More Common Mistakes That You Can Avoid

Failure to explain all the details of your allegations (statements).
Not understanding what the allegations in each paragraph of the complaint mean. Not sure what a statement means? An attorney can quickly clarify the statement for you. Consider contacting an attorney by telephone. The Family Law Hotline may be able to help. Call 1-800-845-8550 Monday - Friday 9:30-4:30 pm.
Failure to complete all the blanks in the court papers (pleadings).
Failure to include everyone who must be part of this case.
Failure to provide other related cases or pending cases. This is particularly the case in family law where a single family may have a support case, a visitation and a divorce issue.
Failure to verify certain supporting documents under oath. For more information see Document Requirements.
Failure to submit a proposed Order for the judge to sign.

Tips From the Family Support Service Coordinators

Paperwork - Communicating with the Court: Do’s and Don’ts - Witnesses
Requesting a Hearing & Appealing a Decision
Communicating with the Other Side

Paperwork

Bring a Copy of Marriage License - Make sure to have a copy (must be a certified copy ) of the marriage license when you come to court for a divorce.
Make Copies - You should always make 2 copies of the original pleadings. Be sure to keep 1 for yourself and mail the other copy to the “correct address” of the defendant.
Certain Documents - If you plan on using certain documents (such as certified business records) for court, you will need to send a copy to the other side. Again, please remember to do this well in advance of the court date.
Keep Copies - You should always keep extra copies of all pleadings, letters to the judges, and anything dealing with the case.
Finding Your Vital Records - If you need help locating some of your records, visit our Finding Your Vital Records Page.

Communicating with the Court – Do’s and Don’ts

Do Keep the Court Informed of Changes in Contact Information During Your Case - You must always keep the court clerk informed when you move to another address or change your phone number.
Do Double Check Your Contact Information - Be sure that you always provide the correct and current phone numbers where you can be contacted.
Do Answer Notices from the Court - now - Be sure that you always respond to court correspondence in a timely manner.
“Do’s” When Speaking to the Judge – If you are not represented by an attorney, you can call the Clerk's office for information on your case. You will need to have your name and that of the opposing party and the case number ready. You should never call the judge directly. If you do get a chance to speak to a judge or Master because the other party is present or your case has been set for formal hearing, address him or her as "Your Honor".

Do Not Fax Documents to the Court. You must file documents in person or have someone else take them into the court to file. You may also send the document to the clerk via the U.S. postal service.

Do Not Call the Court – if an attorney represents you, you should not call the court about your case unless specifically directed to do so by your attorney.

Witnesses

Children as Witnesses - The judge or master may prefer to not hear directly from a child as witness in a child custody or divorce case. If a child's testimony is taken, the judge may choose to meet with the child privately in chambers. The court reporter also sits in on this meeting. If there is the need for the child’s interests to be represented, you may request that an attorney be appointed for the child. There are some circumstances in which an attorney is more likely to need to be appointed. For example, in a case where both parties are unrepresented and there is a lot of conflict. The court may be able to pay for part or all of the cost of this attorney, but usually the cost is split between parties. Sometimes getting an attorney appointed for the children is not an appropriate option because money is short. In that case, a court may order a custody investigation. In a custody investigation a social worker interviews the children and family members and others affecting the children's lives. This information is made available to the court.
Divorce Witness(es) - Make sure to bring a witness to court if it is an uncontested divorce case. Be sure that the witness is over 18 years old, speaks English, and has knowledge of your marriage and separation. A family member can be your best witness. In contested cases, you will need witnesses who can testify as to various issues, such as custody, income, your grounds for divorce, etc.

Requesting a Hearing & Appealing a Decision

Necessary Steps to Get a Divorce Hearing – Your case cannot be set for hearing unless the other party has filed an Answer or an Order of Default has been signed. In some jurisdictions, you must also request a hearing in writing.
Emergencies - Do not file for an “Emergency Hearing” if it is not an emergency case. Contact the Family Support Services Coordinator to find out the courts policy and procedure for hearing emergency cases. If you or a child have been the victim of domestic violence, there are a number of programs that can provide you immediate legal assistance.
Generally IS an Emergency - Childs whereabouts are unknown with a dangerous or unstable person; Child is being abused or neglected (need proof, witnesses or pictures); Sometimes children who are about to be removed from the jurisdiction with a threat from the opposing party to never let you see them again.

Generally IS NOT an Emergency - Anytime when the child is with the person filing; someone being refused visitation; person filing does not like the new significant other of the opposing party.

Disagreeing with a Decision

You may disagree with a decision because you believe that the law was misinterpreted or misapplied. Here are your options if you do not agree with a judge's decision or Master's recommendation:

-- Judge’s Decision- If you do not agree with the judge’s decision in a family case you can file a formal Motion for Reconsideration within 10 days of the final judgment.

-- Master’s Recommendations - If you do not agree with the Recommendations of the Master, you must file Exceptions with the proper time limits and provide a transcript. Please note that time limits for taking exception to the Master's recommendations are very short; they can even be as little as five days after the hearing.

Relatives (or Others) Filing in a Custody Case

-- If you are a 3^rd party (not a parent) filing for custody and custody has previously been granted to another 3^rd party, both parents of the child must be served with summons and a copy of the complaint.

-- If you are a 3^rd party filing for custody, both parents of the child must be served with summons. If one, or both of the parents are deceased, a death certificate must be filed. If the father is unknown, a copy of the child’s birth certificate showing the father as “not stated,” must be filed.

Communicating with the Other Side

Do Not Give the Court Papers to the Other Side Yourself - You cannot personally give the documents to the other side. You need to follow the special rules on how to “serve” (or notify) the other side about the case. See the Questions and Answers on Serving the Other Side.
Additional Copies for Service Required – A common mistake is the failure to provide additional copies of court documents (or pleadings) for serving (giving copies to the other side).
Don’t Forget to Actually Mail the Documents - Failure to actually mail the documents as required by a Certificate of Service is another common mistake. In addition, make sure the date in the certificate of service is true and accurate. See the Library section on Service for more information.

Source: Maryland Divorce and Separation Law (16th edition – June 2000) published by MICPEL Daniel Thomas and Thomas and Kalichman (editors) page 814.

Source: Informal survey of the Maryland Family Court Coordinators by the Maryland Legal Assistance Network (MLAN) in May of 2001.

Last date of review 6/21/0/8 (PLL/M.A.J.)

Source: Maryland Legal Assistance Network (MLAN), updated by the Maryland State Law Library (MSLL).