Maryland: Senate committee debated whether parties in a civil case should be automatically given continuances, without judicial approval, if the parties agree

A plan introduced earlier this year in the Maryland Senate could have effectively stripped judges in civil cases of the ability to deny many continuances.

SB 250, as introduced, provided that if all parties to a civil proceeding agreed to a continuance “a court shall continue” the proceeding.

Current law provides a continuance may be granted. And Maryland’s top court in December 2016 adopted a rule (Rule 16-804) regarding continuances.

SB 250 came up for a hearing in the Senate Judicial Proceedings Committee February 2 where the author indicated lawyers were complaining of judges not granting continuances. The state’s top judge (Chief Judge Mary Ellen Barbera) testified in committee against the bill, indicating her concern the detrimental impact on the courts and the court’s ability to set and arrange calendaring.

SB 250 failed to advance out of committee.