Council for Court Excellence

CommunityGuide to theCourts

Improving Justice for the Community

COMMUNITY GUIDETO THE COURTSDescribing the State and Federal Courts in

the District of Columbia, Maryland, and Virginia

Published by

THE COUNCIL FOR COURT EXCELLENCE

Copyright © 2008

1111 14th Street, N.W.

Suite 500

Washington, D.C. 20005

Phone: 202.785.5917

Fax: 202.785.5922

Email: office@courtexcellence.org

Web: http://www.courtexcellence.org

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2008 EDITIONACKNOWLEDGEMENTS

Many organizations and individualscontributed to the development of thisGuide. The Council for CourtExcellence would like to take this oppor-tunity to formally acknowledge thoseinvolved. The Council especially thanksthe GEICO Philanthropic Foundationfor its generous contribution to under-write this publication and for its supportfor many years of Council for CourtExcellence community education publi-cations.

Like the previous edition, the CourtGuide underwent numerous drafts andwas reviewed by many people in andoutside the courts. The Council isindebted to the many justice system offi-cials and Council for Court ExcellenceBoard members who generously con-tributed their knowledge and time to theCourt Guide.

Special thanks are extended to thefollowing court officials who reviewedprevious drafts of the Court Guide and

provided constructive suggestions andupdates: Nancy Mayer-Whittington,Clerk, U.S. District Court for theDistrict of Columbia; and Duane B.Delaney, Clerk, Superior Court of theDistrict of Columbia.

The following Council for CourtExcellence Board members alsoreviewed and commented on the CourtGuide: Susan Brinkerhoff, Esq.; Cary M.Feldman, Esq.; Leslye Givarz; StevenSchneebaum, Esq.; Kenneth G. Stallard,Esq.; Administrative Law Judge ArabellaTeal; and Theodore Whitehouse, Esq.

Finally, thanks to the Council forCourt Excellence staff and current andformer interns who worked on thisupdate: Julio C. Lainez, ProgramAnalyst; Rebecca Krystosek, Intern;Saida Khanukayev, Intern.

June B. KressExecutive Director

March 2008

FOREWORD

When Community Guide to the Courts, formerly known as A Citizen’s

Guide to the Courts, was first printed, it was the tenth educational publica-

tion produced by the Council for Court Excellence as a public service to the

Metropolitan Washington Community. The first edition of this guide, pub-

lished in 1989, was also the Council's first public education booklet

describing the local and federal courts in the Washington Metropolitan

area, and explaining in simple terms the court process for typical civil,

criminal, and juvenile cases.

The Court Guide has been updated and is being republished to serve two

purposes: 1) to give practical information to members of the community

involved or interested in the court system; and 2) to provide an education-

al supplement to those learning about the judicial branch of government.

The content and orientation of this publication is in plain language in

keeping with the Council for Court Excellence’s commitment to increase

public awareness about the courts, and to encourage greater public under-

standing of and support for the justice system.

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General Introduction ..........................4I. Introduction to the Judicial

Branch of Government ....................5TYPES OF COURTS ................................5Trial CourtsAppellate CourtsSpecialized Courts

TYPES OF LAW ........................................7Criminal LawCivil Law

JURIES ......................................................8Petit JuryGrand JuryJury Service

II. The District of Columbia Court System..................................10

DESCRIPTION OF THE COURTS ......10Superior CourtCourt of Appeals

DIAGRAM OF THE DISTRICT OFCOLUMBIA COURT SYSTEM ..............13

III. The Maryland Court System ......14

DESCRIPTION OF THE COURTSDistrict CourtCircuit CourtOrphan’s CourtCourt of Special AppealsCourt of Appeals

DIAGRAM OF THE MARYLAND COURT SYSTEM ............15

IV. The Virginia Court System ..........16

DESCRIPTION OF THE COURTS ......16District CourtCircuit CourtCourt of AppealsSupreme Court

DIAGRAM OF THE VIRGINIA COURT SYSTEM ................17

V. The Federal Court System ............18

DESCRIPTION OF THE COURTS ......18General StructureU.S. District CourtU.S. Circuit Court of AppealsU.S. Supreme Court

FEDERAL COURTS IN THEWASHINGTON, D.C.METROPOLITAN AREA........................19District of ColumbiaMarylandVirginia

DIAGRAM OF THE FEDERAL COURT SYSTEM..................19

VI. Civil Action ..................................20

DESCRIPTION OF A TYPICAL CIVIL CASE ..........................20PleadingsDiscoveryMotionsTrial

SETTLING DISPUTES OUT OF COURT ....................................21General IntroductionArbitration MediationADR Programs in the D.C. Area

VII. Criminal Action ..........................23

CRIMINAL PROCEDURE ....................23Arrest ProcedureInitial AppearancePreliminary HearingIndictmentArraignmentPre-Trial Motions and HearingsTrialSentencing

VIII. Juvenile Proceedings ................26

JUVENILE PROCEDURE ......................26Pre-Trial ProceedingAlternatives to TrialTrialDisposition

IX. How to Find a Lawyer ..................28District of ColumbiaMarylandVirginia

X. Directory of the Courts ................30Federal CourtsDistrict of Columbia Court SystemMaryland Court SystemVirginia Court System

XI. Glossary of Legal Terms ..............32

XII. Organizational Resources ..........36

TABLE OF CONTENTS

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Community Guide to the Courts in the Washington, D.C. Metropolitan Area

is a comprehensive guide to the various courts in the District of Columbia,

Maryland, and Virginia. The purpose of the Community Guide is to set

forth the structure of the court systems, state and federal, and to describe

the functions and roles of the judicial branch of government. The Guide

has the following objectives:

1. To provide the public with a working knowledge of their state and

federal court systems;

2. To help the public understand the functions of the various courts;

3. To describe the typical process for civil, criminal and juvenile cases;

4. To assist the public with locating courthouses, understanding everyday

legal terms, and, when necessary, finding a lawyer.

The first section provides a basic introduction to the judiciary and the purposes ofcourts. Section I also contains an overview of court structure, types of law such ascriminal and civil, and the role of juries in the court system. Sections II, III and IVdescribe the court systems in the District of Columbia, Maryland, and theCommonwealth of Virginia, respectively. Each of these sections provides informationon the jurisdiction of the trial court and the appeals process. Section V is a summarydescription of the Federal Court system. Included in this section are references to theprincipal federal courts located in the District of Columbia, Maryland and Virginia.

Sections VI, VII, and VIII provide descriptions of typical civil, criminal, and juve-nile court actions. The final sections include useful information for locating a lawyer,obtaining legal advice, the locations of the state and federal courts in the WashingtonD.C. region, and a glossary of terms. Throughout the Guide, legal terms that appear initalics are defined in this glossary.

Whether you are a participant in the court system or a student of the judiciary, theCommunity Guide to the Courts provides an easy-to-understand description of stateand federal courts and many legal procedures.

GENERAL INTRODUCTION

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Throughout the Guide, legal terms thatappear in italics are defined in the Glossary,beginning on page 32.

TYPES OF COURTSIn both the federal and state court

systems, there are basically two types ofcourts with which citizens come intocontact: trial courts and appellatecourts. In addition to these generaltypes, there are numerous other courtsin the state system that perform a spe-cialized role, such as small claims courts,juvenile courts, and housing courts. Thefederal court system also has certain spe-cialized courts such as bankruptcy andtax courts, which handle only certaintypes of legal disputes.

Trial CourtsThe function of a trial court is to

receive and consider evidence in a caseand make judgments based on the factsand underlying law and legal precedent.This may result in the awarding of mon-etary damages in a civil case or imposingsentences in criminal cases.

Trial courts at the state level may bedivided into courts of limited jurisdic-tion and courts of general jurisdiction.Depending on provisions found in theindividual state constitution and laws,courts of limited jurisdiction rule onminor civil matters and minor viola-tions of the criminal law. Courts of gen-eral jurisdiction are empowered to con-

sider more significant civil and criminalcases. Many courts of general jurisdictionalso review appeals from courts of limit-ed jurisdiction.

In the federal system, trial courts arecalled United States District Courts.District courts primarily hear casesinvolving violations of federal law. Moreinformation on district courts is provid-ed in Section V, The Federal CourtSystem.

Appellate CourtsThe principal function of an appel-

late court is to review a trial court’sactions and decisions, and to decidewhether the trial judge properly fol-lowed the law and legal precedent. Incriminal or civil cases where a jury isused, the appellate court may have todecide whether the jury’s decision wasproper, given the facts presented and theunderlying law in the case.

Appellate courts do not necessarilydecide which party won a trial, nor dothey conduct a new trial. Rather, appel-late court judges review the earlier trialand determine whether or not it wasfair, according to the law.

In more than 35 of the 50 states,appellate courts are divided into inter-mediate appellate courts and courts of

At both state and federal levels, the government is organized into three sep-

arate and co-equal branches–Legislative, Executive, and Judicial. Each

branch of the government has a specific role. The Legislative branch is

responsible for making the laws; the Executive branch carries out or

enforces the laws; and the Judicial branch (the court system) interprets the

laws and decides disputes about the laws. Courts serve many purposes

and functions in the American system of government. The most obvious

purpose is to interpret or apply the law. In a larger sense, their purpose is

to do justice, to settle disputes peacefully, and to assure that everyone

has an equal opportunity to prove their case or defend a lawsuit filed

against them.

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THE JUDICIAL BRANCH OF GOVERNMENT

last resort. Both Maryland and Virginiahave intermediate appellate courts; theDistrict of Columbia does not. A partyin the case who does not accept the deci-sion of the intermediate appellate courtmay seek an appeal to the state court oflast resort.

Courts of last resort are the highestlevel courts in the state judicial system.Their judicial decisions are final, exceptin cases involving laws of the UnitedStates and the United StatesConstitution, which can be consideredin federal courts and may be appealed tothe United States Supreme Court. Inmost states, such as the Commonwealthof Virginia, the court of last resort iscalled the Supreme Court; in Marylandand the District of Columbia the higheststate court is called the Court ofAppeals.

Appellate courts of the federal systemare called United States Circuit Courts.They hear appeals from the UnitedStates District Courts and also mayreview administrative agency decisions.Decisions in the federal circuit courtsare final, except when reviewed by theUnited States Supreme Court.

SPECIALIZED COURTSSpecialized trial courts found in the

state court system vary widely across the50 states. Such terms as justice of thepeace courts, small claims, traffic, land-lord/tenant, juvenile, and domestic rela-tions each describe a different form ofspecialized trial courts. Two of the mostcommon specialized courts, smallclaims and juvenile, are described below.

Small Claims CourtSmall claims courts have several main

features: they are usually quick and sim-ple for people to use, and the types ofcivil cases they consider must be formonetary damages below a certain dol-lar limit.

In Maryland, Virginia, and theDistrict of Columbia, the small claimscourt is part of a larger trial court ofgeneral jurisdiction. A small claims casebegins when a person or business files acomplaint, which is a brief statement orclaim against another party. The personor business being sued in the smallclaims case is called the defendant. Thedefendant in a small claims case must be given a copy of the complaint,statement, or claim filed against them bythe other party.

Usually the small claims defendant isnot required formally to answer theclaim before the trial; during the trialthe defendant will be able to explainhis/her side of the case. In small claimscourt cases, it is essential that both par-ties be present in court at the designatedtime and place of the trial. If not, thesmall claims judge may rule against theabsent party by entering what is called adefault judgment. Court rules in smallclaims cases are less formal than in othercivil or criminal trials. Each side merelypresents its case before the judge, whoacts as a referee and makes a ruling ordecision. In most small claims cases, it isnot necessary for a party to have anattorney, and many people choose torepresent themselves.

In the District of Columbia, the SmallClaims Court is part of the CivilDivision of the D.C. Superior Court. Asof 2007, monetary awards in the D.C.Small Claims Court are limited to lessthan $5,000. Claims involving amountsgreater than $5,000 are heard by theCivil Actions Branch within the CivilDivision of the D.C. Superior Court.

Small claims cases in Maryland aredecided by the District Court andinvolve claims of $5,000 or less.

In Virginia, each general districtcourt has a small claims division. Incases heard within the small claims divi-sion of general district courts in

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Virginia, people must represent them-selves and cannot be represented bylawyers. The small claims division hasjurisdiction over civil cases whichinvolve a monetary dispute of $2,000 orless.

Juvenile CourtJuvenile courts are specialized state or

county courts that consider violations oflaw by persons under age 18. If a juvenileis accused of committing a crime, beinga delinquent, or felt to be in need of spe-cial court-ordered supervision or servic-es, the youth’s case usually will be heardin a juvenile court.

The term delinquent refers to a juve-nile who has been found by the juvenilecourt to have committed an act thatwould be a crime if committed by anadult. A “child-in-need-of services”(CHINS), or a “person-in-need-of serv-ices” (PINS), is a juvenile whom thecourt determines has committed certainimproper acts which, if committed by anadult, would not be considered a crimi-nal offense—such as truancy or habitu-ally running away from home.

Juvenile courts differ from other trialcourts in several important ways.Juvenile court hearings are not usuallyopen to the public. The court seeks toprotect the privacy of the juveniles com-ing before the court. Second, juvenilecourts traditionally have an objective torehabilitate or treat, rather than punish,young persons who come before thiscourt. The welfare of the child and thefamily are the primary concerns of thejuvenile court proceedings. In otherrespects, juvenile courts have similarrequirements and provide similar safe-guards as other trial courts. Juvenilecourts do not, however, conduct jury tri-als. Juvenile cases are heard by a judge orjudicial officer. Also, depending on statelaw, juveniles who are alleged to havecommitted serious crimes (murder,rape, armed robbery, etc.) may be tried

as an adult in criminal court and nothave their case heard in the juvenilecourt. State laws differ on the age atwhich a juvenile may be charged as anadult.

TYPES OF LAWThere are two general types of cases

decided by courts: criminal and civil.One of the main objectives of criminallaw is to protect the public against harmby punishing and deterring criminalactivity. Civil law can essentially bedefined as all laws other than criminallaws. Civil law usually involves privateparties and questions of compensationto the injured party for damages.Criminal law usually involves an accusedand a victim.

Criminal LawIn a criminal case, the prosecutor

decides whether there is sufficient evi-dence to file formal charges against a per-son accused of breaking the law.Whether the person charged, called thedefendant, will be prosecuted in federalor state court depends on the type ofcrime he/she is accused of committingand where the crime occurred.

Most crimes are prosecuted in eithera state or local trial court, but certaincrimes, such as mail fraud, bank rob-bery, racketeering, and certain drugoffenses, are defined by the U.S.Congress as federal crimes and are pros-ecuted only in federal district courts.

The prosecutor, as the state’s attorneyoften is called, represents the interests ofthe victim and society. In general, theprosecuting attorney’s obligation, as theattorney for the state, is to prosecute thedefendant in accordance with the law.

The defendant has the constitutionalright to an attorney, and, if he/she can-not afford one, the judge will appointone. The defense attorney representingthe defendant also may be “retained”and paid by the defendant.

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For those who are accused of a crimebut cannot afford a private attorney,defense attorneys are either “publicdefenders” or a private attorneyappointed by the court. Defense counselrepresent the defendant in all criminalproceedings and ensure that the defen-dant’s constitutional and statutory rightsare protected.

If the defendant is convicted, thejudge will impose a sentence under fed-eral or state law, which may include afine, restitution, probation, incarceration,community service, or a combination ofthese.

Civil LawIn a civil case, or lawsuit, an individ-

ual, a partnership, a corporation, etc.,may sue another for a variety of reasons.These lawsuits may seek monetary dam-ages for such acts as breaking a contract,injuries caused by a car accident, or forother negligent or intentional miscon-duct by another party.

The party who initiates the civil law-suit is usually called the plaintiff whilethe party who is sued is called the defen-dant.

There are many ways civil lawsuitsmay proceed within the court. Often theparties may settle the case before there isa trial. When a trial is held, a jury maydecide the result. In civil trials where nojury is used, the judge will decide theresult. Each side in a civil lawsuit may ormay not have lawyers to represent themin court, but most do. It is very rare foreither the plaintiff or the defendant in acivil suit to be sent to jail.

JURIESJuries are a key part of the American

judicial system. A jury may be defined asa number of persons, selected from thecitizens of the community, who aresworn in a court of law to hear certain

matters of fact, and to decide the truthbased upon the evidence laid beforethem.

The U.S. Constitution guaranteesthat most criminal defendants are enti-tled to a trial by a jury. The defendantcan waive this right and have the trialheard before a judge or other judicialofficer without a jury. In most civil cases,either party may request a trial by jury.

Petit JuryA petit jury is a group of 6 to 12 citi-

zens who are sworn to determine thefacts of a case. In a trial, they listen to tes-timony and consider evidence then reacha verdict based on the facts presented.

In a civil trial, the jury will be asked tofind or decide for the plaintiff or thedefendant. In a criminal case, the jurymust decide whether, under the applica-ble law, the accused is guilty or not guilty.For criminal trials, a unanimous verdictis necessary to convict.

Grand JuryA grand jury may be used to hear evi-

dence in the initial stages of the mostserious criminal proceedings in stateand federal courts, or to investigate andreport on certain topics.

Grand juries in the Federal, Districtof Columbia, and Maryland court sys-tems have up to 23 members, whilethose in the Virginia Court system have7 members. The grand jury’s role is tohear evidence presented by the prosecu-tor, and issue indictments where it findsprobable cause to believe that (1) a crimewas committed and (2) the accusedcommitted the crime.

The grand jury rarely hears evidencefrom the defendant, and never from thedefense attorney. The proceedings of agrand jury are secret. While the rulesmay vary from state to state, generally adecision to issue an indictment requiresa majority vote.

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Jury ServiceProspective jurors, for both petit and

grand juries, are selected to serve in thestates or federal judicial districts wherethey reside. Prospective jurors are select-ed, by some courts, from voter registra-tion lists. Other courts utilize driverlicenses, taxpayers’ lists, or some combi-nation of these public lists.

Once a person is selected from theselists, he or she can be “called” or sum-moned for jury service. From this “pool”of qualified citizens, a petit jury is select-ed through a process called voir dire.

At the beginning of a trial, prospec-tive petit jurors are called into the court-room and questioned by the judge and,in some courts, also by the attorneys foreach side. An attorney can object to theselection of a juror on a specifically stat-ed ground that he or she feels will hinderthe ability of the juror to be unbiasedand objective. These objections aretermed challenges for cause and can berequested by an attorney for an unlimit-ed number, but must be approved eachtime by the judge. Court rules may pro-vide that each attorney also has a limit-ed number of challenges to the selectionof a juror, which the attorney canrequest without giving a specified rea-son. These objections are termedperemptory challenges and may vary innumber, according to the severity of thespecific case the jury will hear.

Specific terms of jury duty differfrom state to state and may vary withina state from county to county. Over thepast several years, many jurisdictionshave adopted One Day/One Trial JuryService in which citizens called for petitjury serve for the length of one trial orone day, whichever is longer. PrinceGeorge’s and Montgomery Counties inMaryland and the District of Columbiahave one day/one trial jury service. Inthe County of Fairfax, Virginia, a citizen

serves on petit jury duty one day or onetrial each week for a period of two orthree weeks. In Arlington County,Virginia, a citizen who is summoned forjury duty is “on call” for approximatelytwo weeks.

Because the length of jury servicevaries from place to place, it is suggestedthat you contact the court in the com-munity in which you live if you havequestions about their specific jury termor jury service.

District of ColumbiaUnlike other state systems, a single

pool for grand and petit jurors servesboth the D.C. Superior Court and theU.S. District Court for the District ofColumbia. Jurors are selected from sev-eral lists, including lists of taxpayers,registered voters, and a list from theDepartment of Motor Vehicles.

MarylandJuries used in the Circuit Court are

called petit juries. There are no jury tri-als in the lower court, called the DistrictCourt of Maryland. For any type of casein the District Court in which the lawallows a jury trial (such as civil cases inwhich the monetary dispute is greaterthan $10,000 or criminal cases in whichthe defendant faces a lengthy jail sen-tence), a jury trial must be demandedprior to the beginning of the trial. In thisway, the case can be transferred from theDistrict Court to the Circuit Court.

VirginiaIn Virginia, jury trials are conducted

only in the Circuit Court. In criminalcases in the Circuit Court, an accusedwho enters a plea of not guilty is entitledto a jury trial. An accused may waivehis/her right to a jury trial with the per-mission of the court. In civil cases in theCircuit Court, most equity cases areheard by a judge without a jury. Other

civil cases may be heard by the judge or,at the request of any party, by a jury.Members of a Circuit Court petit juryare selected from a master list preparedby jury commissioners appointed by thecircuit court. The master list is devel-oped by a random selection of citizensresiding in the city or county served bythe court.

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DESCRIPTION OF THECOURTS

District of Columbia Superior Court

The D.C. Superior Court includes thefollowing major divisions: Civil,Criminal, Family Court, DomesticViolence Unit, Probate, Tax, SocialServices, Special Operations, Multi-Door Dispute Resolution, and theCrime Victims Compensation Program.Most of these divisions are furtherdivided into branches.

Civil DivisionThe Civil Division of the D.C.

Superior Court hears many types of civilcases (but not family matters) and isdivided into four branches dealing withthe processing of different types of civilcases: the Civil Actions Branch, theQuality Review Branch, the Landlordand Tenant Branch and the SmallClaims and Conciliation Branch. TheCivil Actions Branch is responsible forall civil cases with a monetary dispute ofgreater than $5,000.

The Civil Action Branch also hearscases requesting injunctive relief (mean-ing that you are requesting that theCourt enter an order to prevent some-

one from doing something or to requirethe performance of some action). TheSmall Claims and Conciliation Branchdeals with any monetary dispute involv-ing a request for damages less than$5,000. The Landlord and TenantBranch decides cases where landlordssue for repossession of their property fornonpayment of rent or other allegedviolations of leases.

Criminal DivisionAny criminal case in the D.C. Court

System involving an adult is heard in theCriminal Division of the D.C. SuperiorCourt. This court division is also divid-ed into several branches that handlefelonies, serious misdemeanors, trafficmatters, or special proceedings concern-ing such matters as fugitive cases, men-tal competency hearings, special writs,and warrants, as well as motions to sealarrest records.

The Criminal Division of theSuperior Court also hears cases involv-ing major violations of city ordinancesand serious criminal traffic offenses,such as reckless or drunk driving.

In the District of Columbia, mostminor traffic violations are handled byadjudicative services at the D.C.Department of Motor Vehicles.

THE DISTRICT OF COLUMBIACOURT SYSTEM

In the District of Columbia, cases involving civil disputes or violations of

D. C. law are conducted in the state trial court, called the Superior Court of

the District of Columbia. Appeals from the District of Columbia Superior

Court are heard by the District of Columbia Court of Appeals.

In D. C. Superior Court, most adult criminal cases are prosecuted by the

federal government. This means that for most criminal cases, the Office of

the US. Attorney for the District of Columbia prosecutes the case.

However, in cases involving juveniles or where the District of Columbia

government is a party, the District is represented by the Office of the

Attorney General of the District of Columbia.

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Family CourtThe Family Court of the D.C.

Superior Court covers a wide range offamily-related matters, including casesinvolving child abuse and neglect, juve-niles, domestic relations, domestic vio-lence, paternity and support, mentalhealth and retardation and adoptions.

The Family Court has six branches:the Domestic Relations Branch, theJuvenile and Neglect Branch, thePaternity and Child Support Branch, theMarriage Bureau Branch, the MentalHealth and Mental Retardation Branch,and the Counsel for Child Abuse andNeglect Branch.

The Family Court Self-Help Centerprovides people who do not have anattorney with free general legal informa-tion in family law issues such as divorce,custody, visitation, and child support.The Center cannot provide legal advice,nor can it represent anyone in court, butit can provide information related toyour legal rights, obligations, andoptions; they can help you decide whichpaperwork is most appropriate and howto complete the necessary forms; explainthe court process and what you canexpect in court; and the office can referyou to other clinics and programs thatmay be able to provide additional assis-tance and resources.

The Family Court Central IntakeCenter (CIC) is the main location for fil-ing most family court cases and claims(except marriage licenses and applica-tions, which are handled by theMarriage Bureau Branch). The CIC alsoprovides information to the publicregarding family court cases.

The Domestic Relations Branch han-dles case filings submitted to the CICwhich are related to divorce, annulment,legal separation, custody, visitation,standby guardianship, foreign judg-ments, and subpoenas, adoption, and ter-mination of parental rights.

The Counsel for Child Abuse andNeglect (CCAN) Branch administersavailable legal services for child abuseand neglect cases, maintains a list ofattorneys available to represent children,parents, and caretakers in child abuseand neglect cases, and provides trainingfor these attorneys. The CCAN officecan also help determine whether adultsare financially eligible to receive a court-appointed attorney.

The Mental Health and MentalRetardation Branch deals with mattersof hospitalization, continued treatment,and ongoing care of persons with men-tal illness, mental retardation, or per-sons in need of mental health services.

The Paternity and Child SupportBranch handles cases seeking paternityand child support.

The Juvenile and Neglect Branchprocesses cases involving matters ofjuvenile delinquency and child abuseand neglect.

The Family Treatment Court is a spe-cial joint program that provides moth-ers and female caretakers whose chil-dren are the subject of a child neglectcase with substance abuse treatment.This twelve month program is residen-tial and is court supervised, voluntary,and comprehensive in its approach, pro-viding services for affected children aswell as treatment for the mother/ care-taker.

Social Services DivisionThe Social Services Division of the

Family Court administers the juvenileprobation system for the District ofColumbia, provides court supervision,and court-supervised alternatives toincarceration. Additionally, the SocialServices Division provides supportivesocial services to youth within the courtsystem. From the time a juvenile firstcomes in contact with the court untilhe/she completes probation or is com-mitted to the D.C. Department of Youth

Rehabilitation Services, the SocialServices Division is responsible for pro-viding the appropriate juvenile socialservices. The goal of the Division is toassist in the rehabilitation of youththrough social services and probationsupervision.

Juvenile Intake Services deals withdelinquency cases during the time peri-od from arrest until the first courtappearance.

The Juvenile Drug Court is a full sub-stance abuse treatment program whichincludes the judge, defense attorneys,probation officers, case managers, fami-lies, and others in the treatment process.The goal of the eight to twelve monthprogram is to promote healthy livingchoices for non-violent juveniles withsubstance abuse problems and for theirfamilies.

The Juvenile Diagnostic andProbation Supervision Branch consistsof Juvenile Diagnostic Teams whichwork together with judges and juvenileoffenders to evaluate and recommendthe most suitable services and decision(called disposition in juvenile cases) foreach individual’s circumstances. TheJuvenile Diagnostic Teams also provideindividual and family counseling andother related services for juveniles whoare under the court’s supervision priorto receiving a ruling, or disposition,from the judge. These services are pro-vided so that juvenile offenders and theirfamilies can improve their quality offamily life and work towards a responsi-ble role in their community.

Domestic Violence UnitThe Domestic Violence Unit hears

cases in which one person is seeking aprotection order against someone whois related to them by blood, legal cus-tody, marriage, having a child in com-mon, past or present romantic relation-ship, or a person with whom they havelived. The Domestic Violence Unit also

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hears cases involving violations of pro-tection orders and all misdemeanorcriminal cases involving an intrafamilyoffense. Judges in the Domestic ViolenceUnit may also hear related divorce, cus-tody, visitation, paternity and supportcases involving the same parties, andsome related civil actions. The Courtruns two Domestic Violence IntakeCenters, which offers resources for thoseseeking protection orders. There are nofiling fees for the Domestic ViolenceUnit.

Crime Victims Compensation Program

The Crime Victims CompensationProgram was created to help innocentvictims of violent crime and their fami-lies to cope with crime-related expensesand personal issues such as funeral andburial costs, medical and mental healthcosts, lost wages, loss of support andservices, clean up of a crime scene and,for victims of domestic violence, thecost of temporary shelter. A “victimadvocate” can also help crime victimsreceive assistance in filing paperwork,obtaining additional services, findingsupport groups or counselors and han-dling other victim-related issues.

Probate and Tax DivisionUnder the overall administrative

direction of the Register of Wills, whoserves as Clerk of the Probate and TaxDivision, this division of the D.C.Superior Court supervises the adminis-tration of estates of deceased persons,minors, adults in need of protection,certain trusts, receiverships for individu-als, and assignments for the benefit ofcreditors. The Register of Wills ischarged by law with the responsibility ofprotecting the rights of all persons whomay be interested in the administrationof a decedent’s estate, whether as heirs,beneficiaries under wills, creditors, ordebtors.

Typically, unless a person brings aparticular concern to the court’s atten-tion, estates in the District of Columbiaare “unsupervised,” which means thatthe court does not have a role unless it isnotified of a problem. In estates that aresupervised by the court, the Register ofWills works to ensure that all transfers ofproperty adhere to the District ofColumbia Code and the Superior CourtRules.

As the name suggests, the SmallEstates Branch of the Probate and TaxDivision is responsible for assisting citi-zens in handling estates of persons dyingwith assets generally less than $40,000.

The Interventions and Trusts Branchhandles administrative support forestates of incapacitated adults, trustssubject to court supervision and otherfiduciary proceedings.

Several other administrative unitsalso exist within the Probate and TaxDivision.

Special Operations DivisionThe Special Operations Division of

the D.C. Superior Court is responsiblefor the operations of the Juror Office,the Office of Court InterpretingServices, the Appeals Coordinator’sOffice, the Child Care Center, and theJudge-In-Chambers. During normalcourt business hours, a judge is alwayson duty as the Judge-In-Chambers tohandle any emergency matters that mayarise.

The Juror Office manages juror serv-ices and processes jurors under the onetrial/one day jury service, obtaininginformation relative to the size of thepanels, and randomly selecting and dis-persing petit juror panels to the court-rooms. This division also selects andswears in grand jurors.

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The Office of Court InterpretingServices either provides, or assists par-ties seeking to contract for, foreign lan-guage, sign language, or other languageinterpreters for court proceedings asmandated by local and federal law.

The Appeals Coordinator’s Office isresponsible for the coordination of fil-ings of trial court records in appeals tothe D.C. Court of Appeals.

The Child Care Center provides childcare supervision and educational servic-es to the children of jurors, witnesses,defendants, and plaintiffs. Child careservices are provided at no charge toparents and guardians engaged in courtbusiness.

Multi-Door Dispute ResolutionDivision

The Multi-Door Dispute ResolutionDivision of the D.C. Superior Courtprovides a variety of methods to assistD.C. residents in resolving their disputeeither prior to or following the filing ofan official court case through mediation,arbitration, case evaluation, and concili-ation. Programs for mediation and arbi-tration of domestic relations disputesalso exist.

DISTRICT OF COLUMBIACOURT OF APPEALS

Similar to a state Supreme Court, theD.C. Court of Appeals is the highestcourt for the District of Columbia. Themajority of the D.C. Court of Appealscases are appeals from the D.C. SuperiorCourt. The court also may review casesfrom the D.C. Office of AdministrativeHearings, D.C. administrative agencies,boards and commissions of the D.C.government, and mayoral orders andadministrative rulings.

DISTRICT OFCOLUMBIA COURT

SYSTEM

DISTRICT OF COLUMBIA

COURT OF APPEALS(Court of Last Resort)

9 Judges

DISTRICT OF COLUMBIA

SUPERIOR COURT(Trial Court of

General Jurisdiction)59 Judges and

24 Magistrate Judges

13

DESCRIPTION OF THECOURTS

District CourtMaryland District Courts have exclu-

sive jurisdiction over all civil claimsinvolving disputes over amounts up to$2,500. In civil cases involving amountsbetween $5,000 and $25,000, theDistrict Courts and Circuit Courts sharejurisdiction (called concurrent jurisdic-tion). Landlord-tenant cases, motorvehicle violations, replevin actions, crim-inal cases classified as misdemeanors,some felonies (such as felony theft caseswhere no jury trial is requested), andsmall claims cases (those involving$5,000 or less) are heard in the DistrictCourt. The District Courts of Marylandalso hear bail and preliminary hearingsfor any crime charged in Maryland.

The District Court also presides overa significant number of criminal misde-meanors cases and some felonies, viola-tions concerning motor vehicles, includ-ing driving under the influence of alco-hol (DUI) and driving on a revokedand/or suspended license, which are jail-able offenses. Most of the cases consid-ered by the District Court are trafficmatters and landlord/tenant disputes.

Maryland law does not provide forjury trials in the District Court. If a per-son who has the right to a jury trialrequests a jury trial, the case must beheard by the Circuit Court. There areseparate District Courts forMontgomery County (District 6) andPrince George’s County (District 5). InMontgomery County the District Court,instead of the Circuit Court, hears juve-nile cases.

Orphan’s CourtThe Orphan’s Court handles wills,

estates, and other probate matters, aswell as some matters involvingguardianship of minors and their prop-erty. There are twenty four Orphan’sCourts in Maryland: one for each of the23 counties plus Baltimore City. Thereare three judges who sit on the Orphans’Court in Baltimore City and in each ofthe counties, with the exception ofHarford County and MontgomeryCounty, where circuit court judges sit asjudges of the Orphans’ Court.

Maryland’s trial courts of limited jurisdiction are the District Court and

the Orphan’s Court. There are 24 District Courts–one in each of the state’s

23 counties and one in Baltimore City. There are also 24 Orphan’s Courts.

The Circuit Courts, located in each of the 24 jurisdictions, are the courts of

general jurisdiction. In Maryland, criminal trials are prosecuted by the

“State’s Attorney.”

The Court of Special Appeals is the intermediate appellate court in

Maryland, and the Court of Appeals is the highest court in the state.

Geographically, there are seven appellate circuits and eight judicial circuits

in the state.

MARYLAND COURT SYSTEM

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Circuit CourtThe Circuit Court hears criminal,

juvenile (except in MontgomeryCounty) civil cases, and appeals fromthe District Court. The Circuit Courtalso hears cases (civil or criminal) inwhich one of the parties has requested ajury trial.

Civil cases filed usually involve childcustody, divorce issues, and all civil dis-putes in which the amount being soughtexceeds $25,000. The Circuit Court alsoshares jurisdiction with the DistrictCourt in disputes between $5,000 and$25,000. Criminal cases heard in theCircuit Courts are the more seriousfelony offenses.

The Circuit Courts hear cases that areappealed from the District Court (civiland criminal) and from administrativeagencies.

Court of Special AppealsThe Court of Special Appeals, located

in Annapolis, the state capital, hearsappeals from the Circuit Courts.Generally, the Court of Special Appealshandles any appeal from a circuit courtor an orphans’ court, except for appealsin criminal cases in which the defendanthas been sentenced to death. Judges onthis court usually sit in panels of three toconsider and decide cases. Under specialcircumstances, all 13 judges on theCourt of Special Appeals will listen to acase together. When this occurs it isreferred to as an en banc hearing.

Court of AppealsThe Court of Appeals, Maryland’s

highest court, also is located inAnnapolis. The Court’s seven judgeshear appeals from the Court of SpecialAppeals, although they may also decideto review an appeal directly from aCircuit Court.

MARYLAND STATE COURT OF APPEALS(Court of Last Resort)

7 Judges

COURT OF SPECIAL APPEALS

(Intermediate Appellate Court)

13 Judges

CIRCUIT COURTS(Trial Courts of General

Jurisdiction)261 Judges8 Circuits

DISTRICT COURT(Limited Jursidiction)

23 Districts and Baltimore City

107 Judges

ORPHAN’S COURT(Limited Jurisdiction)

23 Counties + Baltimore City

66 Judges

MARYLANDCOURT SYSTEM

15

DESCRIPTION OF THECOURTS

District CourtIn most parts of Virginia, the District

Court is separated into two parts, thegeneral district court, and the juve-nile/domestic relations court. The Cityof Falls Church has a Combined DistrictCourt (District 17), which handles thefunctions of both a general district courtand a juvenile/domestic relations court.There are no jury trials in DistrictCourts in Virginia.

General District Court The General District Court hears civil

cases where the amount in dispute is upto $15,000. In Virginia, the District andCircuit Courts share authority, or haveconcurrent jurisdiction, over casesinvolving amounts between $4,500 and$15,000. General district courts may alsohear cases involving unlawful detainersuits (also called eviction suits), even ifthe amount of rent requested exceeds$15,000. In criminal cases, the GeneralDistrict Court listens to misdemeanors,including Driving-While-Intoxicated(DWI) cases, holds preliminary hearingsin felony cases, and conducts civil invol-untary mental commitment hearings.

There are General District Courts ineach city and county in the state ofVirginia.

Juvenile and Domestic RelationsDistrict Court

The Juvenile and Domestic RelationsDistrict Court hears cases involvingdelinquency, juvenile traffic violations,children in need of services and/or super-vision, and children who may have beenabused or neglected. This court also lis-tens to cases involving adults accused ofchild abuse or other offenses or abuseagainst members of their own family(except murder), as well as cases involv-ing child support, visitation, parentalrights and custody disputes. In addition,this court sometimes hears cases involv-ing abandoned children, foster care andentrustment agreements, court-orderedrehabilitation services, and court con-sent for certain medical treatments.

There are Juvenile and DomesticRelations District Courts in each cityand county in Virginia.

Circuit CourtThe Circuit Court hears civil and

criminal cases, and all appeals fromlower courts. The Circuit Court hears allequity matters, such as divorce cases, dis-putes concerning wills and estates, andcontroversies involving property. TheCircuit Courts have exclusive originaljurisdiction over monetary claimsexceeding $15,000.

Virginia has 32 District Courts, which are the trial courts of limited juris-

diction. They are divided into general district courts, juvenile and domes-

tic relations courts, and combined district courts. There are 31 Circuit

Courts spread across the Commonwealth. These are the trial courts of gen-

eral jurisdiction. In Virginia, criminal trials are prosecuted by the

“Commonwealth’s Attorney.”

The two highest courts in Virginia are located in Richmond, the state cap-

ital. The Court of Appeals is an intermediate appellate court and the

Supreme Court is the highest state court.

16

THE VIRGINIA COURT SYSTEM

In criminal matters, the Circuit Courthears all felonies and offenses that maybe punished by commitment to the statepenitentiary. This court also hearsappeals from General District Courts(civil and criminal) and from Juvenileand Domestic Relations District Courts.Appeals from these courts are heard denovo, meaning that they are tried fromthe beginning as though there had beenno prior trial. Circuit Courts may alsolisten to appeals from administrativeagencies.

There are Circuit Courts in each cityand county in Virginia.

Court of AppealsThe Court of Appeals determines

appeals in domestic relations cases andin criminal matters other than capitalcrimes, meaning those subject to thedeath penalty. It also hears appeals fromdecisions made by administrative agen-cies. The Court consists of 11 judges,who listen to cases in panels of at leastthree judges per case.

Supreme CourtThe Supreme Court reviews decisions

from lower courts when appeals havebeen allowed. In addition, it hearsappeals from judgments and findings ofthe State Corporation Commission. TheSupreme Court may choose to hear anappeal directly from the Circuit Court oradministrative agencies. The SupremeCourt consists of seven justices.

MagistratesMany times, a person’s first contact

with the judicial system of theCommonwealth comes through theoffice of the Magistrate. The main func-tion of the magistrate is to provide anunbiased review of complaints broughtto the office by police officers, sheriffs,deputies, and citizens.

The duties of a magistrate includeissuing various types of processes suchas arrest warrants, summonses, bonds,search warrants, subpoenas, and civil

SUPREME COURT OF VIRGINIA

(Court of Last Resort)7 Justices

COURT OF APPEALS(Intermediate

Appellate Court)11 Judges

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CIRCUIT COURTS(Trial Courts of

General Jurisdiction)31 Circuits122 Courts

GENERAL DISTRICT COURTS

(Limited Civil/CriminalJurisdiction)

Courts in all 32 Districts

JUVENILE & DOMESTIC RELATIONS

DISTRICT COURTS(Limited Civil/Criminal

Jurisdiction)Courts in all 32 Districts

VIRGINIA COURTSYSTEM

warrants. One of the principal duties ofa magistrate is conducting bond hear-ings to set bail when a person has beencharged with a criminal offense. A mag-istrate may also accept prepayments fortraffic infractions and minor misde-meanors.

MAGISTRATES

DESCRIPTION OF THECOURTS

General StructureFederal courts hear all cases that arise

under federal law. Federal law coverssuch matters as antitrust, labor relations,income taxes, bankruptcy, social securi-ty, and civil rights. Federal courts alsohear cases involving the U.S.Constitution or treaties, disputesbetween two states, or cases in which theUnited States is a party.

In addition, a case may be heard infederal court if the plaintiff and defen-dant are from different states (includingthe District of Columbia, even though itis not a state) and the amount beingsought by the plaintiff is more than$75,000. This is called diversity jurisdic-tion, and was designed to allow a citizenof one state to avoid being subject to thebiases of a court in a different state byhaving the case heard in a neutral feder-al court. Like state systems, the federalcourt system is divided into districtcourts, appellate courts, and a court oflast resort.

U.S. District CourtIn a U.S. District Court case, a judge

sits with or without a jury, depending onthe nature of the case and the wishes of

the parties. If there is a jury, the jurydetermines the facts of the case; other-wise, the facts are determined by thejudge based on the testimony and otherevidence.

There are 94 federal districts in theUnited States and its territories, includ-ing at least one district in each state, theDistrict of Columbia, and Puerto Rico.Appeals from the District Courts areheard by the U.S. Court of Appeals forthe federal Circuit in which the DistrictCourt is located.

Bankruptcy courts are separate fromU.S. District Courts, but each of the 94federal districts handles bankruptcy fil-ings.

U.S. Circuit Court of AppealsThe United States is divided geo-

graphically into 13 circuits, includingone just for the District of Columbia,with one court of appeals in each circuit.These courts hear appeals from U.S.District Courts located in the same cir-cuit and from federal administrativeagencies, which conduct their own hear-ings. Additionally, there is a Court ofAppeals for the Federal Circuit, locatedin Washington, D.C., which hearsappeals in patent cases, certain interna-tional trade cases, and some casesinvolving damage claims against theUnited States.

The United States District Courts are the federal trial courts for most mat-

ters. There are also specialized federal trial courts that consider specific

types of cases, such as bankruptcy, tax claims, international trade, and cer-

tain claims against the federal government and its agencies.

Federal cases are tried in U.S. District Courts. If appealed, cases go from the

District Courts to the Circuit Courts of Appeals. The last appeal for a fed-

eral case is to the United States Supreme Court.

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THE FEDERAL COURT SYSTEM

The federal Circuit Courts of Appealsreview the transcript of the proceedings,including the trial conducted in theDistrict Court, as well as legal briefs, anddecides if the trial judge applied the lawcorrectly and fairly. Usually, three appel-late judges sit on a panel, and at least twomust agree for a decision to be reached.On rare occasions, the Circuit Court willagree to hear an appeal en banc, meaningthat all the judges on the court will hearthe appeal, rather than the usual panel ofthree judges.

U.S. Supreme CourtThe Supreme Court of the United

States, consisting of the Chief Justiceand eight Associate Justices, hears a lim-ited number of appeals from the federalCourts of Appeals and from the higheststate courts. Except in very rare cases,the Supreme Court has the choice ordiscretion to review and select whichcases it will hear. Those who wish toappeal a lower court ruling will file awrit of certiorari (Latin for “to beinformed”) with the Clerk of the U.S.Supreme Court.

The writ seeks to persuade the Courtthat the appeal should be heard becausethe trial and appellate courts previouslyhearing the case did not properly andfairly apply the law, or that there was anerror in the trial’s procedure.

Cases accepted by the Supreme Courtgenerally involve new or unresolvedquestions of federal law affecting peoplethroughout the country, interpretationsof federal statutes, or the federalConstitution.

FEDERAL COURTS IN THEWASHINGTON, D.C.,METROPOLITAN AREA

District of ColumbiaThere are several federal courts locat-

ed in the District of Columbia, whichhave the same general jurisdiction as fed-eral courts throughout the UnitedStates. The most prominent of these arethe U.S. District Court for the District ofColumbia, which has jurisdiction overboth civil and criminal cases; the U.S.Court of Appeals for the District ofColumbia Circuit; the U.S. Court ofAppeals for the Federal Circuit; and theU.S. Supreme Court.

Other federal courts in D.C. includethe U.S. Claims Court, which hearsclaims against the United States; the U.S.Bankruptcy Court for the District ofColumbia; the U.S. Tax Court; and theU.S. Court of Military Appeals.

MarylandThe U.S. District Court for the

District of Maryland, which serves theentire state of Maryland, is located inBaltimore. There is also a division of thiscourt located in Greenbelt, Maryland.

VirginiaThe U.S. District Court for the

Eastern District of Virginia, whichserves the Northern Virginia suburbs,has four divisions: Alexandria, NewportNews, Norfolk, and Richmond. The U.S.Court of Appeals for the Fourth Circuit,which serves Maryland, Virginia, WestVirginia, North Carolina, and SouthCarolina, is based in Richmond.

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FEDERAL COURTSYSTEM

U.S. SUPREME COURT(Court of Last Resort)

9 Justices

U.S. COURT OF APPEALS

(Intermediate AppellateCourt)

13 Federal Circuits

U.S. DISTRICT COURT(Trial Court of General

Jurisdiction)94 Federal Districts

CIVIL ACTION

DESCRIPTION OF A TYPICAL CIVIL CASE

PleadingsThe summons and complaint are the

legal documents that start a lawsuit.These documents, along with the defen-dant's answer, are called the pleadings.All pleadings are filed with the particu-lar court that is being asked to decide thecivil case.

Summons and ComplaintA lawsuit begins when one party, the

plaintiff has served a summons and/orcomplaint on the defendant. The sum-mons informs the defendant that a law-suit has been filed. A summons will alsosay what court the suit was filed in, andtell how many days the defendant has torespond to the complaint.

In a civil case the complaint lays outthe facts to show that the defendantwronged the plaintiff and states the legalreason why the plaintiff is entitled torecovery. The complaint must be filed ina court that has jurisdiction over theparticular type of case. A copy of thecomplaint must be delivered or served tothe defendant.

AnswerThe defendant must provide the court

with an answer, which responds to themajor accusations made in the com-plaint and their validity. The answer mayinclude denials or defenses to the accu-

sations made by the plaintiff. The defen-dant may also include within the answera counterclaim against the plaintiff, towhich the plaintiff must then reply.

Third-Party DefendantAdditionally, the defendant can make

a cross-claim against another defendant,or a third-party claim against someonewho is not already in the case. This canoccur if the defendant believes thatsomeone else is responsible for theplaintiff 's damages.

The third party must then answer andmake cross-claims or counterclaims.

Discovery

General InformationAfter the pleadings are filed in a civil

case, discovery usually is undertaken byeach side to the dispute. The purpose ofdiscovery is to prepare a case in the mostthorough and informed manner possi-ble. Each party may seek to obtain asmuch information as is practical, whichavoids surprises during trial.

The party from whom discovery issought has the right to object to produc-ing the information requested. This isdone by stating to the party seeking dis-covery, in writing, the nature of andgrounds for the objections. The partyseeking discovery may ask the court torequire that the information be pro-duced, but the court may decide not todemand the information.

In a civil court case, an individual, corporation, partnership or some other

legal entity brings a lawsuit against another individual or legal entity.

Usually each party in a civil case is represented by an attorney. The party

who begins a civil case is the “plaintiff” and the party against whom the

case is brought is called the “defendant.” Although an actual civil trial is

very similar to a criminal trial, the events prior to trial are different.

20

Disclosure may be accomplished byvarious means, depending on the natureof the evidence sought. The mechanismsfor discovery include depositions, inter-rogatories, and demands for documentsor other physical evidence.

Depositions and AffidavitsA deposition is the oral testimony,

under oath, of a person with knowledgeof the facts of the case. The person mayor may not eventually be called to testifyas a witness at trial. The deposition isgenerally taken at the offices of one ofthe attorneys. Usually present are thedeposition witness, the attorneys for bothsides, and a “reporter.”

The reporter prepares a word-for-word transcript of the questions askedby the attorneys and the responses givenby the witness. A deposition preserves thetestimony of a witness so that if he or sheis unable to give testimony in court, thedeposition may be entered into evidenceat trial.

In pre-trial proceedings, written affi-davits frequently are taken, which statefacts important to the proceedings.These affidavits are sworn by the personsmaking them and may provide usefulinformation about the lawsuit. However,unlike depositions, affidavits are notadmissible at trial.

InterrogatoriesInterrogatories are written questions

prepared by one party and served uponthe other party, who must prepare writ-ten answers.

Demand for Physical EvidenceA party who wants to examine physi-

cal evidence or documents may requestthat such evidence be produced for dis-covery and inspection. Requests forphysical or mental examinations mayalso be made by the attorneys.

MotionsAfter the initial pleadings are filed, the

parties may file motions requesting thatthe court order that something be doneor not be done (for example, case dis-missal).

TrialIf the case is not disposed of during

the pre-trial stages, a trial date will beset. In certain types of civil cases, theparties have a right to a jury trial. If thatright exists, the first step is the selectionof the jury. In a jury trial, the jury deter-mines the facts while the judge deter-mines the law. If neither party demandsa jury or if the case is one in which thereis no right to a jury trial, the judgedecides issues of fact and applies the law.

A civil trial is similar to a criminaltrial except that it might not have a jury.First, the plaintiff presents its case usingwitness testimony and evidence, and thenthe defendant has an opportunity topresent opposing evidence.

The attorneys directly examine theirown witnesses and cross-examine thewitnesses called by the other side. Theplaintiff in a civil case has to prove hiscase using a legal principal the law callsa preponderance of the evidence. In acriminal case the prosecution mustprove guilt beyond a reasonable doubt, amuch higher standard.

SETTLING DISPUTES OUT OF COURT

General IntroductionThe best known alternative to litiga-

tion is negotiation, which has existed forcenturies. The two sides simply sit downand discuss their disagreement andwork the problem out. People negotiateall the time—any bargain and any jointdecision usually involves negotiation.

In recent years, there has been agrowing interest in alternatives to

lengthy and costly trials and courtroomlitigation. Resolving disputes out ofcourt can cut the cost and delay of law-suits and can resolve disputes in a waythat can be less hostile. People canchoose to use these methods before orafter starting formal court actions. Thecollective name given to these tech-niques of avoiding litigation isAlternative Dispute Resolution, or ADR.

ADR ProgramsSome examples of ADR processes

include: mediation, community confer-encing, arbitration, settlement confer-ences, early neutral case evaluation, andconsensus building.

Cases are often resolved quicklythrough ADR and parties are often satis-fied with the process and outcome. It isstill a good idea to have a lawyer look atany agreement that results from ADR,especially if no lawyer was involved inthe process.

ADR is used in many commercial,labor law, family, and community dis-putes between businesses, individuals,and governments. Many schools alsohave conflict resolution programs toresolve arguments between students or,sometimes, between students and teach-ers. Several dispute resolution tech-niques are explained below. In additionto these, a Summary Jury Trial—anabbreviated trial involving a panel of sixjurors who render an advisory, non-binding decision—is being employed insome courts.

ArbitrationOne technique used to resolve dis-

putes without going to court is arbitra-tion. Often, two companies or individu-als who sign a contract will agree thatany dispute that arises out of the con-tract will be decided by a neutral arbi-trator. A baseball umpire is a goodexample of an arbitrator: the players

21

may not always like the umpire’s deci-sion, but they agree with the rules of thegame and usually accept the decision.Arbitration may also be part of a formaltrial court program of alternative disputeresolution.

MediationMediation, another ADR technique, is

used when the parties agree that some-one might help them resolve their con-flict. The parties and their lawyers typi-cally meet with a neutral party who istrained to assist them in settling theirdispute. Mediation differs from arbitra-tion in that the arbitrator has theauthority to actually make a decision,while the mediator does not.

The parties involved in the disputechoose how much power to give to themediator or dispute resolver and oftenchoose who that person will be.Mediation allows parties to participatein drafting the agreement to resolve thedispute. In mediation, usually no agree-ment is reached unless all parties agree.

ADR Programs in DCThe District of Columbia has a wide

range of voluntary ADR options avail-able. As mentioned previously, the D.C.Superior Court includes the Multi-DoorDispute Resolution Division. Its goal isto assist parties to reach agreements thatmeet their interests, preserve relation-ships, and help them to save time andmoney. Multi-Door mediators and dis-pute resolution specialists can provideADR services in a wide range of cases,including civil, small claims, family, pro-bate, tax assessment, landlord and ten-ant, and child protection.

Any resident of the District ofColumbia, whether or not they havefiled a case with the Superior Court, iseligible to Multi-Door’s services free ofcharge. Any dispute may be taken to theCommunity Information and ReferralProgram, and family disputes should be

taken directly to the Family MediationProgram. Commonly, civil and smallclaims issues are filed with the Courtbefore participating in mediation.

For more information, call the Multi-Door Dispute ResolutionDivision at (202) 879-1549, visit theiroffice, or go to their website at:www.dccourts.gov/dccourts/superior/multi/.

ADR Programs in MarylandThe Maryland Mediation and

Conflict Resolution Office (MACRO) isan agency which works closely with thecourt system to provide ADR resourcesfor the state. MACRO, together withMaryland Courts, encourages innova-tive dispute resolution programs andworks to promote the appropriate use ofADR in every field. ADR processes areavailable in most of Maryland’s courts.

All Maryland Circuit Courts havefamily mediation programs for custodyand visitation cases.

Additionally, some Circuit Courtsalso have mediation programs for mari-tal property issues in divorce cases aswell as certain other kinds of civil cases,such as contract cases, personal injurycases, and employment cases.

Maryland District Courts offer alter-native dispute resolution programs forcases filed in that court, and all pro-grams are free to participants.

Information about the availability ofADR services, both within and beyondthe courts is available from MACRO at410-841-2260 or its website, www.mary-landmacro.org.

ADR Programs in VirginiaThe Department of Dispute

Resolution Services is Virginia’s central-ized dispute resolution resource officeand is part of the Virginia JudicialBranch. Mediation is not mandatory inVirginia, but state law authorizes judges

to refer certain civil matters to a disputeresolution orientation session, which isan informational meeting to allow bothparties to learn about mediation andconsider the possibility and appropri-ateness of their case for the mediationprocess.

It is possible to opt out of the orien-tation session, and it is free. Also, even ifparties participate in the orientation ses-sion, they can choose not to pursue anADR-facilitated resolution to their case.Many, but not all courts in Virginia offerADR processes.

The Office of the Executive Secretaryof the Supreme Court of Virginia awardsmediation contracts to mediatorsaround the state. Mediation contractshave been successful at introducingmediation to the courts, encouragingjudges to refer appropriate cases to a dis-pute resolution orientation session, andproviding no-cost mediation services tousers of the Virginia court system.

Many courts in the Virginia court sys-tem run successful and innovative ADRprograms. For more information aboutADR programs in your local court, con-tact the court directly or theDepartment of Dispute ResolutionServices at 804-371-6064 or visit theirwebsite at www.courts.state.va.us/drs/.

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CRIMINAL ACTION

When a crime is committed, not only is the victim harmed, but the com-

munity is harmed. Therefore, in criminal cases, the government brings the

charges against the accused, and an attorney representing the government

prosecutes the case. In Maryland and Virginia, the prosecutor is a member

of the local District Attorney’s office. In the District of Columbia, an

Assistant U.S. Attorney or an Assistant DC Attorney General prosecutes

the case.

A private citizen may be involved in a criminal case in a number of ways—

as the victim of a crime, in which case he/she will play a key part in the

prosecution; as a witness called by either the defense or the prosecution to

testify during a criminal trial; or as a juror.

Defendants in criminal cases have many important rights guaranteed them

by the U.S. Constitution. Not the least of these rights is the presumption

that they are innocent until their guilt is either admitted or proven beyond

a reasonable doubt in a court of law. In a criminal case, the defendant also

has the constitutional right to representation by an attorney. Defendants

may hire their own private attorneys or, if a defendant lacks the financial

ability to hire a private attorney, the judge will appoint one with no cost to

the defendant.

CRIMINAL PROCEDUREIn the state and federal criminal jus-

tice systems there is a prescribed processcriminal cases go through from the timeof arrest to the time of sentencing. Thisprocess can be divided into five stages:arrest, formal accusation, arraignment,trial, and sentencing. At many pointsduring this process a criminal case canbe dismissed or settled (what is calledplea bargaining).

Because many defendants agree toplead guilty before trial, only a smallpercentage of criminal cases actually aretried in court before a judge and jury.

Arrest ProcedureThe arrest procedure involves the for-

mal arrest, the booking and the prepara-tion of the charging document.

ArrestThe criminal justice process usually

begins when a person is arrested becausethere is reason to believe that a crime hasbeen committed, or because a warranthas been previously issued ordering theperson’s arrest. A warrant also can beissued following an indictment by agrand jury or an information, which is acharging document filed by the prose-cuting attorney that alleges wrongdoing.

In some cases, where only minor vio-lations or misdemeanors are charged, theaccused will be released from the policeprecinct after being issued a citationrelease specifying the date and the timeto appear in a designated court. Formore serious crimes, the accused will bebrought to a holding facility (localpolice station, precinct house, or court-house, depending upon the area) to beprocessed.

23

BookingThe accused is fingerprinted during

the booking process and an attempt ismade to determine the individual’s trueidentity and criminal history. Duringthe time it takes to obtain the criminalhistory, the individual may be inter-viewed about such things as employ-ment, family, address, and other roots inthe community. This information, alongwith the criminal record, is later madeavailable to the judge and the attorneysfor use at the defendant’s initial appear-ance and bail hearing before a court.

ComplaintA complaint or an information, are the

legal documents informing the defen-dant of the charges that have been filedagainst him or her. The factual basis forthe complaint is provided, under oath,by the arresting police officer based oninformation from the complaining wit-ness.

Initial AppearanceAfter the complaint, or information

has been drafted based upon the prose-cutor’s decision to file charges against theaccused, the complaint or information issent to the arraignment section of thecourt. The accused then appears beforethe court for the first time. This initialappearance may have different names indifferent jurisdictions. But, during thisstage, the accused is called before a judgeor magistrate and formally advised ofthe charges. Also, during this initialappearance, the judge determineswhether or not to release the accusedpending trial or the disposition of thecharge(s).

If the judge decides not to detain theaccused, the defendant is released eitheron bail (“collateral” paid by the defen-dant to the court to insure the defen-dant’s appearance at the trial, when themoney or property will be returned), oron his/her own recognizance (Release onOwn Recognizance-ROR), or to some

third party’s custody. At this hearing thejudge also will make sure that the defen-dant has legal counsel. If the defendantcannot afford counsel, the judge willappoint an attorney to represent theaccused during all proceedings related tothe charge(s).

Preliminary HearingWhen a felony complaint is filed with

the court, a judge has an opportunity todecide whether or not there is “probablecause” to believe that the accused com-mitted the crime. If the judge decidesthat there is no probable cause, thecharges will be dropped. Otherwise,where the case involves a serious crime,a grand jury will be asked to decide ifthere is sufficient evidence to bring thedefendant to trial. If the accused waivesthe right to a preliminary hearing, thecase will go directly to the grand jury.

IndictmentAn indictment, the formal accusation

or charge, is made by the grand jury infelony cases. The grand jury is a group ofcitizens who hear evidence from theprosecution and decide whether there isprobable cause to believe that a crime hasbeen committed and that there is proba-ble cause to believe that the accusedcommitted the crime. The grand juryproceedings are secret and only theprosecuting attorney is allowed to pres-ent evidence.

If the grand jury believes that there isprobable cause that a person committedthe crime, it returns an indictment. If thegrand jury finds that there is insufficientevidence to charge a person, it maychoose not to return an indictment. Ifan indictment is returned, the defendantwill be arraigned in the appropriatecourt, depending on the seriousness ofthe charge.

If the grand jury concludes that thefelony charges are not justified, the pros-ecutor still can decide that misdemeanorcharges should be brought. The prosecu-

24

tor will issue an information rather thanan indictment. The prosecutor may sim-ply file it with the court, and the judgewill rule on the ability of the prosecu-tion to bring the case to trial.

ArraignmentArraignment proceedings occur in

criminal court after the grand jury issuesan indictment. The accused is formallyinformed of the charges and asked toenter a plea—guilty or not guilty. Theaccused also may plead nolo contendere,which has a very similar legal effect as aguilty plea. If the defendant pleads notguilty at arraignment, the judge willdecide whether to place the defendant indetention until trial, or to release thedefendant on bail or personal recogni-zance.

In many cases the prosecutor willoffer the defendant the opportunity toplead guilty to a less serious criminalcharge. This practice, known as “pleabargaining,” has developed partly inresponse to the practical problems ofprosecuting large numbers of cases. Thedefendant pleading guilty must do sovoluntarily and the judge must inter-view the defendant in open court and onthe record, to determine whether theplea is voluntary.

The court usually schedules a pre-trial conference or status hearing to beheld with the judge, defense attorney,and prosecutor present. Prior to this con-ference, the parties can engage in pleabargaining, or the prosecutor coulddecide to dismiss the charge(s). If anegotiated outcome cannot be reached,the case is assigned a trial date.

Pre-Trial Motions and HearingsOften a judge will hold a court hear-

ing to determine whether the arrestand/or seizure of evidence was proper orstatements made to police were madevoluntarily. The defense attorney desir-ing such a hearing must make a motion

requesting that it be held. This hearinggenerally is conducted prior to the trialand is known as a pre-trial -hearing.

The most common pre-trial motionsconcern questions about whether cer-tain evidence should be kept out of thetrial. Unconstitutionally obtained evi-dence may not be considered at the trialby the judge or the jury. Therefore, whenthe defense attorney believes that evi-dence to be used against the defendantwas illegally obtained, the attorney willfile a motion asking the judge to keepthat evidence out of the trial. Attorneysfor both sides may make motions seek-ing some legal remedy or clarificationprior to, during, and after the trial.

TrialIf the case is not dismissed or

resolved during the pre-trial stages andthe defendant does not plead guilty, thecase will go to trial. Depending on thecharge and the wishes of the defendant,the trial may be heard by a jury or by ajudge without a jury.

A jury is selected according to the voirdire process, as explained in the previoussection on jury service. The jury hearsthe facts of the case and examines theevidence and must decide whether ornot the facts support a conclusion thatthe defendant committed the crime. In acriminal case the jury must unanimous-ly agree that the defendant is guilty ofthe charge beyond a reasonable doubt.

SentencingIf the judge or jury reaches a verdict of

guilty, or if the defendant has pleadedguilty to the charge, the defendant will besentenced. A defendant who is convictedof a misdemeanor, after trial or by a pleaof guilty, sometimes is sentenced by thejudge immediately. If a guilty verdict isreached in a felony case, a future datewill be set by the judge for a sentencinghearing.

Depending upon the state or federallaw violation, there is a range of sen-tences for felonies and misdemeanors.The judge determines the appropriatesentence after hearing from the prose-cutor, the defense attorney, the defen-dant, and sometimes the crime victimand, after considering a pre-sentenceinvestigation report. The judge is underno obligation to follow the recommen-dations of the report.

If a defendant who is convicted of afelony has one or more prior felony con-victions, or if the conviction is for cer-tain crimes, state and federal laws oftenprovide for mandatory minimumprison sentences of varying lengths.These sentences depend on the serious-ness of the crime and the defendant’sprior criminal record.

25

JUVENILE PROCEEDINGS

Juvenile delinquency hearings are similar to adult criminal trials except

that the proceedings are closed to the public and a jury is not present. A

juvenile has many of the same rights in court as an adult—the right to a

trial in court, the right to have any charges proved beyond a reasonable

doubt, the right to exclude anything found during an illegal search of the

juvenile’s person or home, and the right to a lawyer. Also, juveniles do not

need to answer questions at any time or place—including the police sta-

tion—if their lawyer is not present.

JUVENILE PROCEDURE

Pre-Trial ProceedingAfter arrest, a juvenile who is being

detained will be held in a juvenile facili-ty rather than an adult jail. If the juvenileis released, the youth will be given a dateto return to court to speak to a juvenilecourt intake officer. This officer willinterview the juvenile and can suggestthat the case be dismissed. After theinterview, a date will be set for a hearing.

If detained overnight, the juvenile willbe taken to court the next day for thehearing. At the hearing, the judge willexplain the charges and will set a trialdate. The judge will also decide whetherthe juvenile should be held until the trialor released under the supervision ofhis/her parents or a third party.

Alternatives to TrialMany juvenile cases are disposed of

without going to trial. One method iscalled a Consent Decree. This is usuallyoffered to a first-time arrestee whencharged with a minor offense. If offereda Consent Decree, the juvenile is placedon voluntary probation without anyadmission or mention of guilt. If thejuvenile avoids trouble during the periodof probation, the charges will be dis-missed. However, if the juvenile gets inmore trouble, the charges will be rein-

stated and the youth will have to standtrial.

Another possibility is that the chargesmay be dropped if the juvenile success-fully completes what is known as aDiversion Program. In this instance, thecase does not go to trial. The juvenile isasked to return the stolen property, payfor destroyed property, participate insome type of volunteer work,attend/participate in a treatment pro-gram, or do whatever else the judge sug-gests to address the wrongdoing.

A final alternative to trial is pleadingguilty. In this situation, a trial is notneeded because the juvenile admits tothe act for which he/she has beencharged.

TrialAt trial, the prosecution will present

its case against the juvenile. As in anadult trial, the prosecution must provebeyond a reasonable doubt that the juve-nile is guilty of the offenses for whichhe/she is charged. In a juvenile trial, thejudge makes the decision as to whetherthe juvenile is guilty (sometimes called“involved”) or not guilty (sometimescalled “not involved”). If found guilty(or involved), the juvenile will appearbefore the judge again for a dispositionhearing. Disposition is another word forsentencing.

26

DispositionThe juvenile court judge has a wide

range of dispositional alternatives fromwhich to choose in cases involving juve-niles. The judge’s choice depends largelyon the individual’s prior record, socialhistory, physical and mental condition,and family circumstances. The facts andcircumstances of the acts for which theindividual was convicted also are con-sidered by the judge, including the seri-ousness of the offense and other factorsthat help the judge determine the bestdisposition for the juvenile.

If the juvenile is placed on probationunder the supervision of a probationcounselor, the juvenile and his/her par-ents must cooperate with the probationcounselor and obey the conditions ofprobation made by the court at the timeof disposition. The parents may also beordered by the court to participate incounseling programs or to receive othertreatment that the court may indicate.Under certain circumstances, parents orguardians violating conditions con-tained in the court order may be subjectto contempt-of-court charges. Probationviolations by the juvenile may result incoming back before the judge who canheighten probation supervision or com-mit the juvenile to the custody andsupervision of the relevant juvenilerehabilitation agency.

27

HOW TO FIND A LAWYER

There are many sources to use in finding a lawyer. The recommendations

of friends and associates are often useful. It is a good idea to ask these peo-

ple first. Depending on the nature of the civil or criminal case and available

financial resources, you may want an attorney from a private law firm, or

you may want to contact a law school clinic, a legal aid organization, or the

bar association of your city or state. These groups probably will not rec-

ommend one lawyer over another, but will give you a list of competent

lawyers for you to use in selecting one for your case.

Lawyers are also listed in various telephone directories, and many advertise

in the “Professional Directory" sections of local newspapers.

GENERAL LEGALINFORMATION AND ADVICE

The District of Columbia Bar, towhich attorneys who practice in D.C.must belong, offers some helpful servic-es to the public, including a legal infor-mation helpline, which is an automatedsystem of recorded messages that givesbasic information on more than 30 legaltopics, finding an attorney, and theavailability of free legal services in theDistrict of Columbia. This helpline isopen around the clock, and the informa-tion is available in both English andSpanish. The helpline number is (202)626-3499.

The D.C. Bar Pro Bono Program alsoholds an advice and referral clinic,which is free and open to the public. Tolearn the hours and locations of this andother public clinics and legal resourcecenters in the District of Columbia, visitthe D.C. Bar website at: www.dcbar.orgor call (202) 737- 4700 or toll-free 1 (877) 333-2227. The D.C. Bar websiteprovides helpful information aboutlocal programs, public legal advice clin-ics, court-sponsored resources and otherlegal resources which may be helpful tothose with legal questions or concerns.

The District of Columbia Bar’s ProBono Program Advice and ReferralClinic may be reached at (202) 331-4365.

Listed below by area–D.C., Maryland,and Virginia–is contact information forlegal aid organizations, followed by a listof organizations that provide legal referral services.

Lawyer Referral ServicesThe following is a listing of lawyer

referral services for the District ofColumbia, Maryland, and Virginia.These organizations provide counselingfrom a specialist to help identifywhether there really is a legal problemand what type of assistance might bebest. If an attorney is needed, the lawyerreferral service will refer you to theappropriate lawyer, who will provideconsultation for a fee. Additional fees foradditional services are arranged betweenyou and the lawyer.

In the District of Columbia:

BAR ASSOCIATION OF THE DISTRICT

OF COLUMBIA LAWYER REFERRAL

SERVICE(202) 296-7845

Web: www.badc.org/

In Maryland:

ANNE ARUNDEL BAR ASSOCIATION

(ANNE ARUNDEL COUNTY)(410) 280-6961

Web: www.aabar.org/find.html

28

BAR ASSOCIATION OF BALTIMORE

CITY (STATEWIDE)(410)539-3112

Web: www.baltimorebar.org

BALTIMORE COUNTY LAWYER

REFERRAL SERVICE

(BALTIMORE COUNTY)(410) 337-9100

Web: www.bcba.org/

BAR ASSOCIATION OF MONTGOMERY

COUNTY LAWYER REFERRAL SERVICE(301) 279-9100

Web: www.montbar.org/

CARROLL AND FREDERICK COUNTIES

LAWYER REFERRAL AND

INFORMATION SERVICE

(CARROLL, FREDERICK AND

WASHINGTON COUNTIES)(410) 857-1451 or toll-free (800)

649-1090 (In state only)

HOWARD COUNTY BAR ASSOCIATION

LAWYER REFERRAL SERVICE

(HOWARD COUNTY)(410) 313-2030

Web: www.howardcountybar.org/

PRINCE GEORGE’S COUNTY BAR

ASSOCIATION LAWYER REFERRAL

SERVICE

(PRINCE GEORGE’S, CALVERT,CHARLES AND ST. MARY'S COUNTIES)(301) 952-1440 or (301) 952-1441

or toll-free 1 (866) 757-7785

In Virginia:

VIRGINIA LAWYER REFERRAL SERVICE(804) 775-0808

Web: www.vsb.org/vlrs.html

FAIRFAX BAR ASSOCIATION LAWYER

REFERRAL AND INFORMATION

SERVICE(702) 246-3780

Web: www.fairfaxbar.org

ALEXANDRIA BAR ASSOCIATION

LAWYER REFERRAL SERVICE(703) 548-1105

Web: www.alexandriabarassoc.com

ARLINGTON BAR ASSOCIATION

LAWYER REFERRAL SERVICE(703) 228-3390

Web:

adams.patriot.net/ncrouch/lrs.html

Legal Assistance for Low-Income Individuals

The following is a list of organizationsthat provide free or low-cost legal servic-es for persons who meet low-income eli-gibility requirements. If you need alawyer but feel that you cannot afford topay, there are programs that will evaluateyour income and offer legal assistance ifyou qualify.

In the District of Columbia

NEIGHBORHOOD LEGAL

SERVICES PROGRAMWeb: www.nlsp.org/

Northeast/Northwest Office

(202) 682-2700

Southeast/Southwest Office

(202) 678-2000

LEGAL AID SOCIETY OF THE DISTRICT

OF COLUMBIANorthwest Location and Information

(202) 628-1161

Southeast Location (202) 436-3077

AARP LEGAL COUNSEL FOR

THE ELDERLY601 E Street, NW

Washington, DC 20049

(202) 434-2170

ARCHDIOCESAN LEGAL NETWORK924 G Street, NW

Washington, DC 20001

(202) 772-4325

In Maryland

MARYLAND LEGAL AID SOCIETY(410) 951-7777 or toll-free (800)

999-8904 Web: www.mdlab.org/

MARYLAND VOLUNTEER

LAWYERS SERVICE(410) 547-6537 in Baltimore or toll-

free (800) 510-0050

Web:

http://www.mvlslaw.org/index.htm

In Virginia

VIRGINIA LEGAL AID SOCIETYToll-free 866-534-5243 Web:

www.vlas.org/

29

DIRECTORY OF THE COURTS IN THEWASHINGTON, D.C., METROPOLITAN AREA

FEDERAL COURTS:

DISTRICT OF COLUMBIASUPREME COURT OFTHE UNITED STATES1 First Street, N.E.Washington, D.C. 20543Supreme Court Information (202) 479-3000Public Information Office (202) 479-3211Web: www.supremecourtus.gov/

UNITED STATES COURT OFAPPEALS FOR THE DISTRICT OFCOLUMBIA CIRCUITUnited States Courthouse333 Constitution Avenue, N.W.Washington, D.C. 20001Office of the Clerk (202) 216-7000Web: www.cadc.uscourts.gov/

UNITED STATES COURT OF APPEALSFOR THE FEDERAL CIRCUITThe National Courts Building717 Madison Place, N.W.Washington, D.C. 20439Office of the Clerk (202) 633-6550Web: www.fedcir.gov/

UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAUnited States Courthouse333 Constitution Avenue, N.W.Washington, D.C. 20001Office of the Clerk (202) 354-3000Web: www.dcd.uscourts.gov/

MARYLANDUNITED STATES DISTRICT COURTFOR THE DISTRICT OF MARYLANDBaltimore Division101 W. Lombard StreetBaltimore, MD 21201Office of the Clerk (410) 962-2600Greenbelt Division6500 Cherrywood LaneGreenbelt, MD 20770Office of the Clerk (301) 344-0660Web: www.mdd.uscourts.gov/

VIRGINIAUNITED STATES COURT OF APPEALSFOR THE FOURTH CIRCUITU.S. Courthouse1100 East Main StreetRichmond, VA 23219Office of the Clerk (804) 916-2700Web: www.ca4.uscourts.gov/

UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OFVIRGINIAAlexandria Division401 Courthouse SquareAlexandria, VA 22314Office of the Clerk: (703) 299-2100Web: http://www.vaed.uscourts.gov/

STATE COURTS:

DISTRICT OF COLUMBIACOURT SYSTEMDISTRICT OF COLUMBIA COURTSMain (202) 879-1010Web: www.dccourts.gov

DISTRICT OF COLUMBIACOURT OF APPEALSMoultrie Courthouse500 Indiana Avenue, N.W.Washington, D.C. 20001Court Information (202) 879-2700Office of the Clerk (202) 879-2725TTY (202) 626-8843

SUPERIOR COURT OFTHE DISTRICT OF COLUMBIAMoultrie Courthouse500 Indiana Avenue, N.W.Washington, D.C. 20001Information (202) 879-1010Office of the Clerk (202) 879-1400TTY (202) 879-1232Interpreting Services (202) 879-4828Civil Division (202) 879-1133Criminal Division (202) 879 1373Family Court (202) 879-1633Multi-Door Division (Mediation)(202) 879-1549Probate Division (202) 879-1499Social Services Division/ JuvenileProbation (202) 508-1900Small Claims (202) 879-1120Tax Division (202) 879-1737Landlord and Tenant (202) 879-4879

MARYLAND COURT SYSTEMMARYLAND COURT OF APPEALSCourt of Appeals Building361 Rowe BoulevardAnnapolis, MD 21401Court information (410) 260-1500 or toll-free (800) 926-2583TTY (410) 260-1554Web: www.courts.state.md.us/coappeals/

MARYLAND COURT OFSPECIAL APPEALSCourt of Appeals Building361 Rowe BoulevardAnnapolis, MD 21401Office of the Clerk (410) 260-1450Web: www.courts.state.md.us/cosalist.html

CIRCUIT COURT FORMONTGOMERY COUNTYJudicial Center50 Maryland AvenueRockville, MD 20850Court information (301) 217-7063Office of the Clerk (240) 777-9400Web:www.courts.state.md.us/montgomery.html

CIRCUIT COURT FORPRINCE GEORGE’S COUNTYCourthouse14735 Main StreetUpper Marlboro, MD 20772Court Information (301) 952-3655Civil Department (301) 952-3240Criminal Department (301) 952-3344Juvenile Department (301) 952-4330Web: www.courts.state.md.us/pgeorges.html

DISTRICT COURT OF MARYLANDDistrict #6 (Montgomery County)(2 locations)District Court Building27 Courthouse SquareRockville, MD 20850-2325Information (301) 279-1500 or toll-free (800) 944-1341Traffic/Criminal (301) 279-1565TTY (301) 279-1286and8552 Second AvenueSilver Spring, MD 20910-3405Information 301-563-8500 or toll-free 800-944-1341TTY 301-563-8501Toll-free Number 1-866-873-9785Web: www.courts.state.md.us/district/direc-tories/courtmap.html#montgomery

DISTRICT COURT OF MARYLAND(2 locations)District # 5 (Prince George’s County)Courthouse, Bourne Wing14735 Main StreetUpper Marlboro, MD 20772Office of the Clerk (301) 952-4080 or toll-free 800-943-8853Information (301) 699-2766TTY (301) 952-3719

30

and4990 Rhode Island AvenueHyattsville, MD 20781Information (301) 699-2766 or toll-free (800) 943-8853TTY (301) 699-2686Web:www.courts.state.md.us/district/direc-tories/courtmap.html#princegeorges

ORPHAN’S COURT FORPRINCE GEORGE’S COUNTYCourthouse5303 Chrysler WayUpper Marlboro, MD 20773Information (301) 952-3790Web:www.co.pg.md.us/Government/JudicialBranch/orphans.asp?h=20&s=&n=70

REGISTER OF WILLS FORMONTGOMERY COUNTYJudicial Center, Room 32250 Maryland Ave.Rockville, MD 20850(240) 777-4600www.registers.state.md.us/county/mo/html/montgomery.html

VIRGINIA COURT SYSTEMVIRGINIA SUPREME COURTSupreme Court Building100 North 9th StreetRichmond, VA 23218-1315Court information (804) 786-2251Web:www.courts.state.va.us/scov/cover.htm

VIRGINIA COURT OF APPEALS109 North 8th StreetRichmond, VA 23219-2321Office of the Clerk (804) 371-8428Web:www.courts.state.va.us/coa/coa.htm

CIRCUIT COURT FOR THE CITY OFALEXANDRIA520 King StreetAlexandria, VA 22314Office of the Clerk (703) 838-4044Web:www.courts.state.va.us/courts/circuit/Alexandria/home.htmlCircuit Court for Arlington County1425 North Courthouse Road, Suite6700Arlington, VA 22201(703) 228-4367Web:http://158.59.15.28/arlington/intro.html/

ARLINGTON COUNTY JUSTICE CENTERArlington, VA 22201Office of the Clerk (703) 228-7010Criminal Division (703) 228-4399Web: www.courts.state.va.us/courts/cir-cuit/Arlington/home.html

CIRCUIT COURT FOR FAIRFAX COUNTY4110 Chain Bridge RoadFairfax, VA 22030Court Information (703) 246-4111Information Line (703) 691-7320Web: www.fairfaxcounty.gov/courts/cir-cuit/

ALEXANDRIA CITY GENERALDISTRICT COURT520 King Street, Second FloorFranklin P. Backus CourthouseAlexandria, VA 22320Traffic (703) 838-4041Criminal (703)838-4030Civil (703) 838-4021Web:www.courts.state.va.us/courts/gd/Alexandria/home.html

ALEXANDRIA CITY JUVENILE ANDDOMESTIC RELATIONS DISTRICTCOURTP.O. Box 21461520 King StreetAlexandria, VA 22320Court Information (703) 838-4141Web:www.courts.state.va.us/courts/jdr/Alexandria/home.html

ARLINGTON COUNTY GENERALDISTRICT COURT17th Judicial DistrictArlington County Justice Center1425 North Courthouse Road, Suite 2400Arlington, VA 22201Court Information (703) 228-7900Web:www.courts.state.va.us/courts/gd/Arlington/home.html

ARLINGTON COUNTY JUVENILE ANDDOMESTIC RELATIONS DISTRICTCOURT17th Judicial DistrictArlington County Justice Center1425 North Courthouse Road, Suite 4100Arlington, VA 22201Court information (703) 228-4495Web:www.courts.state.va.us/courts/jdr/Arlington/home.html

FAIRFAX COUNTY GENERALDISTRICT COURT19th Judicial District4110 Chain Bridge RoadFairfax, VA 22030Office of the Clerk (703) 246-2153Traffic Division 703-246-3764Criminal/Civil Divisions 703-691-7320Web:www.fairfaxcounty.gov/courts/gendist/

FAIRFAX COUNTY JUVENILE ANDDOMESTIC RELATIONS DISTRICTCOURT19th Judicial District4000 Chain Bridge RoadFairfax, VA 22030Court Information (703) 246-3367Web: www.fairfaxcounty.gov/courts/jdr/

CITY OF FAIRFAX GENERALDISTRICT COURT10455 Armstrong Street Room 304Fairfax, VA 22030Office of the Clerk (703) 385-7866 or(703) 385-7867Web:www.courts.state.va.us/courts/gd/Fairfax_City/home.html

FALLS CHURCH CITY DISTRICT COURT300 Park AvenueFalls Church, VA 22046General District Court (including Civil)(703) 248-5098Juvenile and Domestic RelationsDistrict Court (703) 248-5099Traffic/Criminal Court (703) 248-5096Small Claims Court (703) 248-5157Web:www.courts.state.va.us/courts/com-bined/Falls_Church/home.html

31

GLOSSARY OF LEGAL TERMSACCUSED: A person charged with

committing a crime.

ACQUITTAL: A finding of not guilty.

ACTION: The proceeding or dispute

that is before the court for resolution.

AFFIDAVIT: A sworn written state-

ment by a party involved in a case.

ALTERNATIVE DISPUTE RESOLU-

TION (ADR): An alternative to court-

room litigation.

ANSWER: A formal court document

in which the defendant responds to and

disputes each of the plaintiff’s allega-

tions.

APPEAL: A request by the losing

party to take the case to a higher

court. The appeals court does not actu-

ally retry the case, but focuses on pos-

sible legal errors made by the trial

court.

ARBITRATION: The process whereby

parties to a dispute decide that a third-

party, not the court, will determine the

outcome, thereby avoiding the litiga-

tion process.

ARRAIGNMENT: A criminal proceed-

ing in which the accused is brought

before the judge, told the charges

against him/her and asked to plead

guilty or not guilty.

ARREST: The taking into custody of a

person suspected of committing a

crime.

BEYOND A REASONABLE DOUBT:

The standard in a criminal case neces-

sary for the jury to declare the defen-

dant guilty. It requires that the evi-

dence is so conclusive it removes all

reasonable doubts from the minds of

the jurors.

BOOKING: The process of photograph-

ing, fingerprinting, and getting infor-

mation from a suspect following

arrest.

CAPITAL CRIME: A crime punishable

by death.

CHALLENGE FOR CAUSE: An

objection to the selection of a partic-

ular juror for a stated reason.

CHARGE: An accusation made

against the accused that he/she com-

mitted a specified crime.

CHILD IN NEED OF SERVICES

(CHINS): A juvenile who has commit-

ted certain action which, if committed

by adults, would not be considered

criminal offenses; for example, truan-

cy.

CITATION RELEASE: The process of

releasing the accused from police cus-

tody in cases involving minor criminal

violations, with a court date sched-

uled at which he/she must appear.

COMPLAINT: The formal document

which one party files with the court to

begin a civil lawsuit. It states the

facts of the case and the action which

the filing party wishes the court to

take. In criminal cases the complaint

is a written statement of the charges

against a person and the facts that

constitute the charges.

CONCILIATION: The adjustment and

settlement of a dispute in a friendly,

unantagonistic manner. Used in

courts before trial with a view

towards avoiding trial and in labor

disputes before arbitration.

CONCURRENT JUSRISDICTION:

Jurisdiction exercised by different

courts, at the same time, over the

same subject-matter, and within the

same territory. Litigants may, in the

first instance, resort to either court

indifferently.

CONVICTION: A decision made by a

judge or a jury in a criminal case that

the defendant is guilty beyond a rea-

sonable doubt of the crime for which

he/she has been tried.

CROSS-CLAIM: A claim by one party

against a co-party, not against per-

sons on the opposite side, arising out

of the original complaint.

32

COUNTER-CLAIM: A claim which a

defendant makes against the plaintiff.

DAMAGES: Money awarded by the

court to the party who suffered injuries

or a loss due to the unlawful acts or

negligence of another.

DEFAULT JUDGMENT: A “default”

occurs when a defendant does not

plead in a civil suit within the time

allowed, or fails to appear at the trial.

A judgment entered against the defen-

dant because of this omission or failure

is called a “default judgment.”

DEFENDANT: A person who has been

charged with committing a crime and

is now on trial for that crime, or a

party against whom a civil complaint

has been filed.

DELINQUENT: A juvenile who has

committed an act which would be a

crime if committed by an adult.

DE NOVO: Anew, or a second time. A

“trial de novo” is a second trial.

DEPOSITION: The testimony of a wit-

ness not taken in court, but taken

under oath in preparation for a trial.

DISCOVERY: The pre-trial process

through which each party is informed

of the evidence that the other party will

be using to support his/her case in the

trial.

DISMISSAL: The decision by the

judge to end a case.

DISPOSITION: The sentencing or

other final settlement of a criminal

case.

DIVERSITY JURISDICTION: A

method of having a case heard in a

“neutral” federal court rather than in

a state court, if the two parties are

from different states.

EN BANC: A hearing in which all of

the judges of an appellate court partic-

ipate.

EQUITY: Civil disputes that do not

involve monetary awards. Equity also

is defined as justice administered

according to fairness, as contrasted

with the strictly formulated rules of

common law.

ESTATE: The degree, quantity,

nature, and extent of interest which a

person has in real and personal prop-

erty. In its broadest sense, the social,

civic, or political condition or stand-

ing of a person.

EVIDENCE: Testimony and objects

presented in court by the prosecution

and the defense to support their case.

FELONY: A serious crime punishable

by one year or more in a prison and/or

a fine. Felonies include crimes such as

murder, rape, burglary, and robbery.

FORMAL ACCUSTATION: Formal

charge of wrongdoing brought against

a defendant in a criminal case. The

sixth Amendment of the US

Constitution states, that the defen-

dant in a criminal case has the right

to be “informed of the nature and

cause of the accusation,” made

against him/her.

GENERAL JURISDICTION: A court

that hears ontroversies of all types,

seeking different legal rights and

remedies.

GUILTY: A statement made by the

accused that he/she committed a

crime or a verdict made by the court

that the accused committed the

crime.

HEARING: An (in)formal proceeding

similar to a trial, with one or more

issues to be agreed upon or deter-

mined.

INCARCERATION: Detention of a

person in jail or prison. People are

most commonly incarcerated upon

suspicion (or conviction) of commit-

ting a crime.

INDICTMENT: A written accusation

made by a grand jury charging a per-

son with committing a crime.

INFORMATION (MISDEMEANOR

COMPLAINT, FELONY COM-

PLAINT): A document filed by the

prosecutor explaining the unlawful

actions of the accused and formally

charging him/her with committing a

crime.

INJUNCTIVE RELIEF: A court-

ordered act or prohibition against an

act or condition which has been

requested, and sometimes granted, in

a petition to the court for an injunc-

tion.

INTAKE CENTER: A system for

screening cases and referring individ-

uals involved in disputes.

INTRAFAMILY OFFENSE: An act

punishable as a criminal offense com-

mitted by an offender upon a person:

(a) to whom the offender is related by

blood, legal custody, marriage, hav-

ing a child in common, or with whom

the offender shares or has shared a

mutual residence; or (b) with whom

the offender maintains or maintained

a romantic relationship not necessar-

ily including a sexual relationship.

INTERROGATORIES: Written ques-

tions given by one party in a lawsuit

to the other party in the suit which

must be answered under oath.

JUDGMENT: Final decision of a law-

suit made by the judge or jury.

JURY: A Petit Jury is a group of cit-

izens who have been selected to hear

the evidence for a legal case present-

ed in court and decide the truth

according to the law and the facts

presented. A Grand Jury is a group of

citizens selected to investigate certain

causes or consider indicting against

persons accused of committing a

crime.

JUVENILE: Generally, any person

under the age of 18 years.

LEGAL PRECEDENT: An adjudged

case or decision of a court considered

as an example or authority for an

identical or similar case or a similar

33

GLOSSARY OF LEGAL TERMSquestion of law. Courts attempt to

decide cases on the basis of principles

established in prior cases. (See

STARE DECISIS)

LIMITED JURISDICTION: A court’s

power over an action governed by

statute; some courts have limited

authority or power and the limitation

is in terms of the nature of the case,

the amount of controversy, or the type

of crime committed.

LINE-UP: A police process where

suspects are lined up to be identified

by a witness.

LITIGATION: A case or lawsuit; the

process of settling a dispute between

two or more parties.

MEDIATION: A process used when

the parties agree that a third-party

could help them resolve their conflict

and not, necessarily, be binding on the

parties.

MIRANDA WARNING: Requirement

of the police to inform a suspect taken

into custody of his/her right to an

attorney and that he/she has the right

to refuse to answer any questions

asked by the police.

MISDEMEANOR: A crime that is

less serious than a felony and is pun-

ishable by one year or less in jail

and/or a fine; for example, petty theft

and most traffic violations.

MISTRIAL: A trial that is terminated

before a verdict is reached either

because the jury cannot decide the

guilt or innocence of the accused or

because of some error found in the

trial.

MOTION: A written or oral request to

the judge asking him/her to make a

decision or take a specific action.

MOTION TO DISMISS: A motion

before the trial made on the basis of

insufficiency of the pleading, of

process, etc.

MULTI-DOOR TECHNIQUE: An

effort to transform the courthouse

into a dispute resolution center offer-

ing citizens a variety of options; for

example, arbitration and mediation.

NOLO CONTENDERE: “I will not

contest it,” is a plea to a crime that

does not admit guilt but has the same

result as a guilty plea.

NOT GUILTY PLEA: A statement

given by the accused asserting that

he/she did not commit the crime.

OBJECTION: An action taken by one

of the attorneys during the trial in

which that attorney disagrees with

some statement of procedure during

the trial.

OFFENDER: A person who has been

convicted of a crime.

ON NOTICE MOTION: A motion

where advance notice is required to

be given to the other party.

OVERRULE: A judge's decision on an

objection in which he does not allow

the objection.

PARTY: A person, organization, or

government actively involved in the

prosecution or defense of a legal pro-

ceeding.

PEREMPTORY CHALLENGE: An

objection to the selection of a juror

for which a specific reason does not

need to be given.

PLAINTIFF: The person who starts

and files a civil action.

PLEA: A formal statement made by

an accused person either denying or

admitting that he/she committed the

crime of which he/she is accused.

PLEADING: A written statement of

fact and law filed by both parties in

civil suit which outlines the petition-

er's argument or the respondent's

answer to these charges.

POST-TRIAL MOTION: A motion

permitted after a trial such as a

motion for a new trial and a motion

for relief from judgment.

34

PRELIMINARY HEARING: A pre-

trial hearing to determine if there is

enough evidence to present to a grand

jury.

PREPONDERANCE OF THE EVI-

DENCE: Evidence which is of greater

weight or more convincing than the

evidence which is offered in opposi-

tion to it; that is, evidence which as a

whole shows that the fact sought to be

proved is more probable than not.

PRE-TRIAL CONFERENCE: An

informal conference between the

attorneys for both sides to clarify the

issues and to attempt to work out a

settlement with the judge as a moder-

ator.

PROBABLE CAUSE: The amount of

proof that amounts to a reason to

believe that a crime was committed

and that the trial should take place or

charges move forward.

PROBATE: Proving the validity of a

will. Also, all the matters and pro-

ceedings pertaining to administration

of estates, guardianships, etc.

PROBATION: Status of a convicted

person who is allowed their freedom

after conviction subject to the condi-

tion that for a stipulated period they

shall conduct themselves in a manner

approved by a special officer to whom

they must make periodic reports.

PROSECUTOR: The lawyer employed

by the government in a criminal case;

an Assistant U.S. Attorney or for the

District of Columbia, the Assistant

Attorney General.

PUBLIC DEFENDER: An attorney

employed by the government to repre-

sent defendants who cannot afford to

pay for a lawyer.

REASONABLE DOUBT: The amount

of doubt present in the minds of the

jurors which entitles the defendant to

acquittal; a doubt for which you can

give a reason.

REBUTTAL: The evidence given to

explain, counteract, or disprove facts

given by the opposite party.

RELEASE ON OWN RECOG-

NIZANCE (ROR): The release of an

accused person by a judicial officer

without the need of bail upon the writ-

ten promise of the accused that he/she

will return to court when ordered to

do so.

REPLEVIN ACTION(S): Action

whereby the owner or person entitled

to repossession of certain goods may

recover those goods from one who has

wrongfully taken them.

REPLY: The plaintiff's answer to the

defendant's counterclaim.

RESTITUTION: An order from the

judge in a criminal case that requires

that the offender pay the victim for

damages the victim has suffered as a

result of the crime.

SELF-INCRIMINATION: A defen-

dant's giving of testimony against

himself that might subject him to

criminal liability.

SENTENCE: The accused's punish-

ment after being convicted of a crime.

STARE DECISIS: To adhere to

precedents and not to unsettle things

which are already established.

STATEMENT OF CLAIM: The means

by or through which the claimer

obtains possession of a privilege or a

thing.

SUBPOENA: A command to appear

at a certain time and place to give

testimony upon a certain matter.

SUMMARY JURY TRIAL: An

abbreviated trial involving a panel of

six jurors who render an advisory,

nonbinding decision.

SUMMONS: A notice sent to a per-

son that a court action has been taken

against him/her and that he/she must

appear in court to answer to these

charges.

35

SUSTAIN: The decision on an objec-

tion by a judge to support it and pre-

vent the other party from continuing

that line of questioning or introduce

that evidence..

TESTIMONY: Statements made in

court by witnesses who are under oath

to tell the truth.

THIRD-PARTY CLAIM: A complaint

filed by the defendant against a per-

son not presently a party in the law-

suit.

TRIAL: A hearing before a judge and

sometimes a jury where evidence is

presented to decide in criminal cases

whether or not the accused committed

the crime, and in civil cases whether

evidence and the law are in favor of

the plaintiff or defendant.

UNLAWFUL DETAINER: Keeping

possession of a property without a

right, such as after a lease has

expired, after being served with a

notice to quit (vacate, leave) for non-

payment of rent or other breach of

lease, or being a “squatter” on the

property.

VERDICT: The decision of the judge

or jury at the end of a trial that the

accused is either not guilty or guilty

of the charges.

VICTIM: An individual against whom

an offense of civil or criminal law, or

an attempted offense, was committed.

VOIR DIRE: The process of selecting

a jury.

WAIVER: The intentional giving up

of a right.

WITNESS: A person who is called to

testify, in either an oral or written

statement, to what he/she has seen,

heard, or knows about concerning the

facts in a criminal or civil case.

WRIT OF CERTIORARI: An order to

the lower court to convey a record of

a case to the appellate court and to

certify it as accurate and complete.

ORGANIZATIONAL RESOURCES

THE ADMINISTRATIVE OFFICE OF THE U.S.COURTS OFFICE OF PUBLIC AFFAIRS

Washington, D.C. 20544202.502.2600Web: www.uscourts.gov

THE ADMINISTRATIVE OFFICE OF THE

MARYLAND COURTS

The Courts of Appeal BuildingAnnapolis, MD 21401301.974.2141

OFFICE OF THE EXECUTIVE SECRETARY FOR

THE SUPREME COURT OF VIRGINIA

100 North 9 th Street, 3 rd FloorRichmond, VA 23219804.786.6455

EXECUTIVE OFFICE OF THE DISTRICT OF

COLUMBIA COURTS

500 Indiana Ave., N.W.Suite 1500Washington, D.C. 20001202.879.1700

NATIONAL CENTER FOR STATE COURTS

Court Statistics and InformationManagement Project300 Newport Ave.Williamsburg, VA 23187-8798

Listed below are several organizationsthat offer educational pamphlets on specific subject areas:

THE AMERICAN BAR ASSOCIATION

Public Education Division750 North Lake Shore DriveChicago, IL 60611

Publications include:Law and the CourtsLandlord and TenantsThe American Lawyer

EDITORIAL RESEARCH PROJECTS

1414 – 22 nd Street, N.W.Washington, D.C. 20037202.296.4880

Publications include:Juvenile JusticeThe Federal CourtsGrand JuriesAccess to Legal Services

Federal Judicial CenterDolley Madison House1520 H Street, N.W.Washington, D.C. 20005

36

The Council for Court Excellence wishes to acknowledge the resources

used in the development of this 2007 publication, and suggests readers

contact the following organizations for more information.

Formed in Washington, DC in January 1982, The Council for Court Excellence is anonprofit, nonpartisan civic organization. The Council works to improve the administration of justice in the local and federal courts and related agencies in theWashington metropolitan area and in the nation. The Council accomplishes this goal by:

• Identifying and promoting court reform,

• Improving public access to justice, and

• Increasing public understanding and support of our justice system.

The Council is governed by a volunteer Board of Directors composed of membersof the legal, business, civic, and judicial communities. The Council is unique in bring-ing together all of those communities in common purpose to address court reformand access to justice needs. The Board accomplishes the work of the Council throughdirect participation in Council committees. The Council employs a small staff to assistthe Board in meeting the objectives of the organization.

Financial support comes from the members of the Board, businesses, law firms,individuals, foundations, and occasionally government.

The Council for Court Excellence has built a substantial record of success in themajor court reform initiatives it has undertaken. The Council has been the movingforce behind adoption of the one day/one trial jury system in the DC Superior Court,modernization of the jury system, reform of the District of Columbia probate laws andprocedures, expansion of crime victim rights, improvement in court handling of childneglect and abuse cases, and proposing methods to speed resolution of civil cases bythe DC trial and appellate courts. To improve the public’s access to justice and increasetheir understanding of our justice system, the Council over the years has publishedand disseminated over 350,000 copies of plain-language booklets and other materialsexplaining a wide variety of court systems.

37

ABOUT THE COUNCIL FORCOURT EXCELLENCE

1111 14th Street, N.W.

Suite 500

Washington, D.C. 20005

Phone: 202.785.5917

Fax: 202.785.5922

www.courtexcellence.org

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Copyright © 2008

Improving Justice for the Community

Council for Court Excellence