Md. R. Elec. Fil'g & Case Mgmt. 20-203

As amended through April 5, 2024

Rule 20-203 - Review by Clerk; Striking of Submission; Deficiency Notice; Correction; Request for Court Order to Seal

(a) Time and Scope of Review.

(1)Inapplicability of Section. This section does not apply to a submission filed by a judge, or, subject to Rule 20-201(1), a judicial appointee.

(2)Review by Clerk.

As soon as practicable, the clerk shall review a submission for compliance with Rule 20-201(g) and the published policies and procedures for acceptance established by the State Court Administrator. If the clerk determines that the filer has used an incorrect case number for the submission, and the error is not readily susceptible to correction pursuant to subsection (b)(1) of this Rule, the clerk shall reject the submission and promptly notify the filer. Unless otherwise ordered by the court for good cause shown, a refiled submission shall relate back to the filing of the rejected submission.

(3) Rejection

(A) Non-compliance with Rule 20-201.1

If the clerk determines that the filer failed to file both an unredacted and a redacted version of a submission when required under Rule 20-201.1, the clerk shall reject the submission and promptly notify the filer. The clerk shall enter on the docket that a submission was received but was rejected for non-compliance with Rule 20-201.1. A refiled submission shall not relate back to the filing of the rejected submission.

(B) Incorrect Case Number

If the clerk determines that the filer has used an incorrect case number for the submission, and the error is not readily susceptible to correction pursuant to subsection (b)(1) of this Rule, the clerk shall reject the submission and promptly notify the filer. Unless otherwise ordered by the court for good cause shown, a submission refiled within 14 days after the notice was sent shall relate back to the filing of the rejected submission.

(b) Docketing.

(1)Generally. The clerk promptly shall correct errors of non-compliance that apply to the form and language of the proposed docket entry for the submission. The docket entry as described by the filer and corrected by the clerk shall become the official docket entry for the submission. If a corrected docket entry requires a different fee than the fee required for the original docket entry, the clerk shall advise the filer, electronically, if possible, or otherwise by first-class mail of the new fee and the reasons for the change. The filer may seek review of the clerk's action by filing a motion with the administrative judge having direct administrative supervision over the court.

(2)Submission Signed by Judge or Judicial Appointee. The clerk shall enter on the docket each judgment, order, or other submission signed by a judge or judicial appointee.

(3)Submission Generated by Clerk. The clerk shall enter on the docket each writ, notice, or other submission generated by the clerk.

(c) Striking of Certain Non-compliant Submissions. If, upon review pursuant to section (a) of this Rule, the clerk determines that a submission, other than a submission filed by a judge or, subject to Rule 20-201(1), by a judicial appointee, fails to comply with the requirements of Rule 20-201(g), the clerk shall (1) make a docket entry that the submission was received, (2) strike the submission, (3) notify the filer and all parties that have entered an appearance or have been served of the striking and the reason for it, and (4) enter on the docket that the submission was stricken for non-compliance with the applicable subsection of Rule 20-201(g), and that notice pursuant to this section was sent. The filer may seek review of the clerk's action by filing a motion with the administrative judge having direct administrative supervision over the court. Any fee associated with the filing shall be refunded only on motion and order of the court.

(d) Deficiency Notice.

(1)Issuance of Notice. If, upon review, the clerk concludes that a submission is not subject to rejection under subsection (a)(3)(A) or striking under section (c) of this Rule but materially violates a provision of the Rules in Title 20 or an applicable published policy or procedure established by the State Court Administrator, the clerk shall send to the filer, with a copy to the parties that have entered an appearance or have been served, a deficiency notice describing the nature of the violation unless the deficiency is cured prior to the sending of the notice. The notice shall inform the parties that the time to file any responsive submission shall run from the date that the corrected submission is filed.

(2) Correction

A submission filed in response to a deficiency notice shall make no other amendments, modifications, or changes to the submission except to correct the deficiency. If the filer timely corrects a deficiency, the clerk shall relate the new submission to the filing of the deficient submission. The record shall always reflect the date that each filing is submitted to the court.

(3)Judicial Review; Striking of Submission. The filer may file a request that the administrative judge, or a judge designated by the administrative judge, direct the clerk to withdraw the deficiency notice. Unless (A) the judge issues such an order, or (B) the deficiency is otherwise resolved within 14 days after the notice was sent, upon notification by the clerk, the court shall strike the submission.

(e) Restricted Information

(1)Shielding Upon Issuance of Deficiency Notice. If, after filing, a submission is found to contain restricted information, the clerk shall issue a deficiency notice pursuant to section (d) of this Rule and shall shield the submission from public access until the deficiency is corrected.

(2)Shielding of Unredacted Version of Submission.

If, pursuant to Rule 20-201.1(c), a filer has filed electronically a redacted and an unredacted submission, the clerk shall docket both submissions and shield the unredacted submission from public access. Any party and any person who is the subject of the restricted information contained in the unredacted submission may file a motion to strike the unredacted submission. Upon the filing of a motion and any timely answer, the court shall enter an appropriate order.

(3)Shielding on Motion of Party. A party aggrieved by the refusal of the clerk to shield a filing or part of a filing that contains restricted information may file a motion pursuant to Rule 16-934.

(f) Request for Court Order to Seal

(1) Existing Order

If a filer requests that a document included in a submission be placed under court seal pursuant to Rule 20-201.1 and identifies an existing order permitting the document to be sealed, the court shall seal the document.

(2) No Existing Order; Attached Motion

If there is no existing order, but there is an attached motion and proposed order, the clerk shall docket the motion and proposed order, which shall be open to public inspection, but shield the document that is the subject of the motion and proposed order pending a ruling on the motion.

(3) No Existing Order; No Attached Motion and Proposed Order

If there is no existing order and no attached motion and proposed order, the clerk shall reject the submission without prejudice to refile it with an attached motion and proposed order and promptly notify the filer. The clerk shall enter on the docket that a submission was received with a request that it be sealed and was rejected for non-compliance with Rule 20-201.1(d). Unless otherwise ordered by the court for good cause shown, a submission refiled within 14 days after the notice was sent shall relate back to the filing of the rejected submission.

Md. R. Elec. Fil'g & Case Mgmt. 20-203

This Rule is new.

Adopted May 1, 2013, eff. 7/1/2013. Amended March 2, 2015, eff. 3/15/2015; 12/7/2015, eff. 1/1/2016; 6/6/2016, eff. 7/1/2016; 6/20/2017, eff. 8/1/2017; 10/10/2018, eff. 1/1/2019; 5/15/2019, eff. 7/1/2019; amended June 29, 2020, eff. 10/1/2020; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

2015 Orders

The March 2, 2015, order amended (d) to change the enforcement mechanism pertaining to correction of certain deficiencies and to provide for judicial review of a deficiency determination.

The December 7, 2015, order, in (c) deleted references to Rule 20-201(d) and added two references to Rule 20-107(a)(1).

2016 Orders

The June 6, 2016, order revised internal references in the Rule.

2017 Orders

The June 20, 2017 order, added a new subsection (a)(1) pertaining to the applicability of section (a); revised references pertaining to the clerk's review of a submission; added language to subsection (b)(1) that refers to a procedure for the clerk to notify a filer when a corrected docket entry requires a different fee than the fee required for the original docket entry, and permitted the filer to file a motion seeking review of the clerk's fee determination; in subsection (b)(3), added the language "on the docket and deleted language that refers to "docketing in the manner required by Rule 16-404; in section (c), added the language "subject to Rule 20-201(m), updated a certain internal reference, and deleted a reference to "Rule 20-201(f)(1)(B); in section (d), deleted current subsection (d)(2) and added language to provide that unless (1) an order is entered directing the clerk to withdraw the deficiency notice, or (2) the deficiency is otherwise resolved within 10 days after the notice was sent, the court shall strike the submission; added a new subsection (e)(3), pertaining to shielding on motion of a party; and made stylistic changes.

2018 Orders

The October 10, 2018 order deleted reference to all Rules in subsection (a)(2) except Rule 20-201(g) and deleted the second sentence of that subsection, deleted references to Rule 20-107(a)(1) from section (c), clarified procedures pertaining to certain non-compliant submissions, extended the time to resolve a deficiency in a filing to 14 days, and provided for the refund of certain fees only upon motion and order of the court.

2019 Orders

The May 15, 2019 order amended the rule to provide that the clerk is not required to send certain notifications to parties that have not been served and clarified that a deficiency notice is not sent if the deficiency is cured prior to the notice being sent.

Committee note: The clerk will reject the submission under subsection (f)(3) of this Rule because (1) the filer does not want the document to be accessible to the public and (2) there is nothing to present to a judge and no basis for placing the document under seal. The docket entry showing that a document was received and rejected is for transparency purposes.