How Do I Start a Case?

NOTE: The following section only applies to starting civil and family cases. Criminal cases are initiated by an arrest, citation, or the Montgomery County State's Attorney's Office, and Juvenile cases by the Montgomery County Department of Juvenile Services, Department of Health and Human Services, or the State's Attorney's Office.

• Understanding Civil Cases
• Understanding Family Cases

Step 1. File your case

• If you have an attorney representing you, they must file electronically. Otherwise, follow these steps to file a case in person, via mail, or via the 24-hour drop box at the Maryland Avenue entrance.
• To initiate a proceeding, you must file a written complaint or petition (which one depends upon the case type) with either the Civil Department or the Family Department.
• Please make sure all names and addresses are correct and consistent throughout your complaint/petition. The caption of the Complaint should be “In Montgomery County Circuit Court, Maryland.” The Case Caption should also include the name, address, and telephone number of the Plaintiff (you as the person initiating the case) and the name and address of the Defendant (the person the case is filed against).
• Be sure to complete either the Civil Domestic Case Information Report (PDF) for a family case or a Civil Non-Domestic Case Information Report (PDF) for a civil case. You must also sign the document as the Plaintiff/person filing the case.
• Bring the ORIGINAL documents and "service" copies that you want to file with the Court to the Civil or Family Department window. The clerk will stamp them as ‘filed’.
• Please make sure you make a copy of any original forms for yourself before filing the original in person. (The Court does not make copies for you!) One copy is for your records, one copy is needed for “service” on the other party, and the original is for the Court’s file. Bring an entire copy of the complaint or petition, including exhibits, if you want it served by Sheriff.
• Pay the filing fee. The fee for filing a new case is $165. The Clerk’s Office accepts cash, checks, money orders, or credit cards (for totals of $10 or more) in person. Credit cards cannot be processed over the phone or via mail. The clerk will give you a receipt with your case number on it.
• If you have an attorney representing you, they must file electronically. Otherwise, follow these steps to file a case in person, via mail, or via the 24-hour drop box at the Maryland Avenue entrance.

Step 2. Serve the other party

Once you file your case with the Court, the filed document and a Summons (a Court-issued form directing the opposing party to respond to the complaint, motion, or petition) must be delivered (“served”) to the opposing party by the Montgomery County Sheriff's Office (for Montgomery County addresses only), a private process server, a neutral third party, or by certified mail within 60 days. YOU CANNOT SERVE THE OTHER PARTY YOURSELF.

How to Serve the Other Party

Service can be provided in one of several ways:

• Sheriff
• Private Process
• Certified/Restricted Mail
• Choose to have someone other than yourself, who is 18 years of age or older and not a party to the case, provide service

If you choose to have service provided by the Sheriff in Montgomery County, their office will notify the Court once service is complete. If service is made by private process, certified/restricted Mail, or by a Sheriff in another County, however, you must have an Affidavit of Service completed by the person serving the other side, and then file the Affidavit and a copy of the summons, with the Court:

In situations where you have made several attempts to serve the other side by using different methods, but have been unsuccessful, ask the Clerk of the Court, in writing, to issue a new Writ of Summons if the other side has not been served within 60 days.

Step 3. Wait for the other party to file an Answer

The served party has to respond to a Summons within a certain time, indicating whether or not he/she agrees with the complaint, motion, or petition, and how he/she believes issues listed in the filed papers should be handled. If the respondent fails to file the necessary paperwork (an "Answer") within the time specified on the Summons in the Court, the Court assumes that he or she agrees to its terms.

If the other side does not file an Answer, in order for the case to proceed, you must file a Request for an Order of Default (PDF).

Step 4. Before Coming to Court.

A hearing date is automatically scheduled in Montgomery County when you file an Affidavit of Service, when the Sheriff files a Return of Service, or when the other party files an Answer.

If you have to miss your court date because of an emergency, call the Assignment Office (240-777-9000) BEFORE you are scheduled to be in court.

• Address: 50 Maryland Avenue, Rockville, MD 20850
• Hours: Monday though Friday 8:30am - 4:30pm
• Phone:240-777-9400