Montgomery County Courts

Montgomery County has a population of approximately 1.1 million people, which represents 18% of Maryland's total population of 6.2 million. It is the most populous county in the state, with its administrative center at Rockville. The courts in Montgomery County preside over an average of 128,965 cases yearly, which include 25,236 civil matters, 13,731 criminal cases, 1,821 juvenile cases, and 16,832 family-related matters.

The Circuit Courts, District Courts, and Orphans' Court resolve judicial cases in Montgomery County.

• CircuitCourts handle felonies, juvenile, family law, and major civil cases. The court hears appeals from administrative agencies, District Courts, and the Orphans' Court.
• District Courts preside over traffic infractions, misdemeanors, violations of municipal ordinances, landlord-tenant disputes, small claims, and civil cases with claims up to $30,000.
• Orphans' Court oversees cases related to the administration of decedents' estates, wills, and other probate matters.

How To Access Montgomery County Court Records

In Montgomery County, Maryland, the Public Information Act ensures that court records are generally accessible to the public. This means that individuals have the power to view and obtain copies of court records, except those that are sealed or declared confidential by law. Restricted records include juvenile records, adoption records, and court records with mental health evaluations, income tax returns, or financial statements filed in a case. A valid photo ID is usually required when requesting records in person at the courthouse.

Records seekers may access the Montgomery County court records through various methods.

Online

Individuals may access Montgomery County court records online through the Maryland Judicial Case Search Portal. This portal enables individuals to search for court case information by using case number, name, filing date, or case type as the search criterion. They may also search for Montgomery County court case files on CourtCaseFinder. This website gathers available court records from multiple counties in the U.S.

Individuals interested in federal court cases heard in Montgomery County courts may use the PACER Case Locator service. They must register for an accountand pay certain fees to access the court records.

In-Person

The Clerk of the Court, Montgomery County, is the custodian of court records in the Circuit and District Courts. Individuals may obtain copies of the court records at the clerk's office of the court where the case was heard. They may contact the courthouse to verify the availability of the specific records they seek at that particular location. Record seekers are typically required to pay certain fees to obtain copies of the court documents at the clerk's office. It costs $0.50 fee per page for a copy of the records and an additional $5 for certification of the document. Individuals may also access court records through the public terminals provided by the Circuit Court Clerk's Office at the Courthouse.

Old and Archived Court Records

The Maryland State Archives preserves old public records, including court records of all counties in the state. Individuals may access these records by contacting the State Archives at:

Alternatively, individuals may request old court records in Montgomery County at the Circuit Court Clerk's Office.

How To File a Case in Montgomery County

To file a case in Montgomery County, the first crucial step is to identify the appropriate court that has jurisdiction over the case. Individuals may file their case online, in person, by mail, or through the drop box at the Maryland Avenue entrance. They must complete all necessary forms and submit them to the clerk's office. Anyone unable to pay the filing fee may request a fee waiver. They must complete a Request For Waiver of Costs Form with a Notice Form and submit them to the clerk's office at the courthouse. The judge will review the application for a fee waiver and decide the outcome. Furthermore, the appellant must serve the opposing party with a copy of the filed case.

The case filing process in Montgomery County is summarized in simple steps below:

• Determine the appropriate courthouse - Identify the appropriate courthouse with the authority to hear the case.
• Prepare all necessary documents to support the filing procedures for the case.
• Use Court-approved form - The Civil Domestic Case Information Report Form is typically used for family cases. In contrast, the Civil Non-Domestic Case Information Report Form is used for civil cases.
• Pay the Filing Fee or apply for a fee waiver.
• File and Serve - File your case with the clerk's office and serve the opposing party with a copy of the filed documents.

Legal Help and Self-Help Resources

Across the United States, trial court systems play a crucial role in delivering access to justice. It is important for citizens, particularly self-represented litigants, to understand the legal procedures involved in civil, family, probate, or small claims matters. Legal help, online portals, and self-help resources enable people to acquire this knowledge, which varies by jurisdiction.

In Montgomery County, some organizations offer free legal representation to low-income residents. Examples of these organizations providing pro bono, as well as self-representation resources, within the county include:

• Free Legal Representation for Low-income Persons
• Maryland Legal Aid - Montgomery County Office
• The Bar Association of Montgomery County provides free legal representation and consultation to low-income residents.
• Private Lawyer Referral Services
• Bar Association of Montgomery County Lawyer Referral Service
• Pro Bono Legal Advice Clinics offer legal advice to residents on a wide range of matters.

Here are some statewide self-help resources available to residents of Montgomery County:

• Maryland Volunteer Lawyers Service provides free or low-cost legal representation in civil, family law, and bankruptcy cases.
• Maryland Court Help App is a free mobile app that provides residents with legal information on their mobile devices.
• Maryland Court Help Centers provide free, in-person legal advice to residents.

Residents in Montgomery County may also access the following legal aid services and self-help resources:

• Family Law Self-Help Center assists self-represented litigants in family matters only.
• The University of Maryland School of Law Clinic Program provides free legal advice on a range of legal issues, including family law, civil actions, and social security matters.
• The Circuit Court Public Law Library provides access to research materials, forms, and educational programs to enhance the understanding of legal information.
• The People's Law Library of Maryland

Types of Courts in Montgomery County, Maryland

The trial courts in Montgomery County comprise the Circuit Court, District Courts, Orphans' Court, and federal courts.

The Circuit Court for Montgomery County

• Jurisdiction/Cases Heard - The court has jurisdiction over major civil, felonies, juvenile matters, and family law cases such as divorce, custody, and child support. It hears appeals from administrative agencies and other lower courts.
• Address and Contact Information -

District Court of Montgomery County

• Jurisdiction/Cases Heard - handles misdemeanors, traffic infractions, landlord-tenant issues, small claims, and civil cases where the amount in contention is less than $30,000.

The addresses for the District Court of Maryland in Montgomery County are listed below:

Rockville Courthouse

Silver Spring Courthouse

Orphans' Court

• Jurisdiction/Cases Heard - presides over probate-related matters.
• Address and Contact Information -

Federal Courts in Montgomery County

There are two federal courts in Montgomery County where residents may seek justice in their legal battles:

United States District Court for the District of Maryland (Southern Division)

• Jurisdiction/Cases Heard - These courts handle a diverse range of matters, including contract disputes, civil rights violations, immigration matters, federal crimes, and issues with laws enacted by Congress.
• Address and Contact Information -

United States Bankruptcy Court for the District of Maryland

• Jurisdiction/Cases Heard - This court deals with bankruptcy cases.
• Address and Contact Information -

Frequently Asked Questions (FAQs) About Montgomery County Courts

The following are typical questions people often ask about the court system in Montgomery County, Maryland: