RULE 20-203. REVIEW BY CLERK; STRIKING OF SUBMISSION; DEFICIENCY NOTICE; CORRECTION; REQUEST FO...
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023
Effective: July 1, 2023
MD Rules, Rule 20-203
RULE 20-203. REVIEW BY CLERK; STRIKING OF SUBMISSION; DEFICIENCY NOTICE; CORRECTION; REQUEST FOR COURT ORDER TO SEAL
(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.
(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.
(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 (l), 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.
(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.
(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.
(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.
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.
Source: This Rule is new.
Credits
[Adopted May 1, 2013, eff. July 1, 2013. Amended March 2, 2015, eff. March 15, 2015; Dec. 7, 2015, eff. Jan. 1, 2016; June 6, 2016, eff. July 1, 2016; June 20, 2017, eff. Aug. 1, 2017; Oct. 10, 2018, eff. Jan. 1, 2019; May 15, 2019, eff. July 1, 2019; June 29, 2020, eff. Oct. 1, 2020; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 20-203, MD R EFILING Rule 20-203
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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