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RULE 16-912. CASE RECORDS - COURT ORDER DENYING OR PERMITTING INSPECTION

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 900. Access to Judicial Records
MD Rules, Rule 16-912
RULE 16-912. CASE RECORDS - COURT ORDER DENYING OR PERMITTING INSPECTION
(a) Motion.
(1) A party to an action in which a case record is filed, including a person who has been permitted to intervene as a party, and a person who is the subject of or is specifically identified in a case record may file a motion:
(A) to seal or otherwise limit inspection of a case record filed in that action that is not otherwise shielded from inspection under the Rules in this Chapter or Title 20 or other applicable law; or
(B) to permit inspection of a case record filed in that action that is not otherwise subject to inspection under the Rules in this Chapter or Title 20 or other applicable law.
(2) Except as provided in subsection (a)(3) of this Rule, the motion shall be filed with the court in which the case record is filed and shall be served on:
(A) all parties to the action in which the case record is filed; and
(B) each identifiable person who is the subject of the case record.
(3) A petition to shield a judicial record pursuant to Code, Criminal Procedure Article, Title 10, Subtitle 3 shall be filed in the county where the judgment of conviction was entered. Service shall be provided and proceedings shall be held as directed in that Subtitle.
(b) Shielding Upon Motion. This section does not apply to a petition filed pursuant to Code, Criminal Procedure Article, Title 10, Subtitle 3. Upon the filing of a motion to seal or otherwise limit inspection of a case record pursuant to section (a) of this Rule, the custodian shall deny inspection of the case record for a period not to exceed five business days, including the day the motion is filed, in order to allow the court an opportunity to determine whether a temporary order should issue.
(c) Temporary Order Precluding or Limiting Inspection.
(1) The court shall consider a motion filed under this Rule on an expedited basis.
(2) In conformance with the provisions of Rule 15-504 (Temporary Restraining Order), the court may enter a temporary order precluding or limiting inspection of a case record if it clearly appears from specific facts shown by affidavit or other statement under oath that (A) there is a substantial basis for believing that the case record is properly subject to an order precluding or limiting inspection, and (B) immediate, substantial, and irreparable harm will result to the person seeking the relief or on whose behalf the relief is sought if temporary relief is not granted before a full adversary hearing can be held on the propriety of a final order precluding or limiting inspection.
(3) A court may not enter a temporary order permitting inspection of a case record that is not otherwise subject to inspection under the Rules in this Chapter in the absence of an opportunity for a full adversary hearing.
(d) Final Order.
(1) After an opportunity for a full adversary hearing, the court shall enter a final order:
(A) precluding or limiting inspection of a case record that is not otherwise shielded from inspection under the Rules in this Chapter;
(B) permitting inspection, under such conditions and limitations as the court finds necessary, of a case record that is not otherwise subject to inspection under the Rules in this Chapter; or
(C) denying the motion.
(2) A final order shall include findings regarding the interest sought to be protected by the order.
(3) A final order that precludes or limits inspection of a case record shall be as narrow as practicable in scope and duration to effectuate the interest sought to be protected by the order.
(4) A final order granting relief under Code, Criminal Procedure Article, Title 10, Subtitle 3 shall include the applicable provisions of the statute. If the order pertains to a judgment of conviction in (A) an appeal from a judgment of the District Court or (B) an action that was removed pursuant to Rule 4-254, the order shall apply to the records of each court in which there is a record of the action, and the clerk shall transmit a copy of the order to each such court.
(5) In determining whether to permit or deny inspection, the court shall consider:
(A) if the motion seeks to preclude or limit inspection of a case record that is otherwise subject to inspection under the Rules in this Chapter, whether a special and compelling reason exists to preclude or limit inspection of the particular case record;
(B) if the motion seeks to permit inspection of a case record that is otherwise not subject to inspection under the Rules in this Chapter, whether a special and compelling reason exists to permit inspection; and
(C) if the motion seeks to permit inspection of a case record that has been previously sealed by court order under subsection (d)(1)(A) of this Rule and the movant was not a party to the case when the order was entered, whether the order satisfies the standards set forth in subsections (d)(2), (3), and (5)(A) of this Rule.
(6) Unless the time is extended by the court on motion of a party and for good cause, the court shall enter a final order within 30 days after a hearing was held or waived.
(e) Filing of Order. A copy of any temporary or final order shall be filed in the action in which the case record in question was filed and, except as otherwise provided by law, shall be subject to public inspection.
(f) Non-Exclusive Remedy. This Rule does not preclude a court from exercising its authority at any time to enter an appropriate order that seals or limits inspection of a case record or that makes a case record subject to inspection.
(g) Request to Shield Certain Information.
(1) This subsection applies to a request, filed by an individual entitled to make it, (A) to shield information in a case record that is subject to shielding under Code, Courts Article, Title 3, Subtitle 15 (peace orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence), or (B) in a criminal action, to shield the address or telephone number of a victim, victim's representative, or witness.
(2) The request shall be in writing and filed with the person having custody of the record.
(3) If the request is granted, the custodian shall deny inspection of the shielded information. The shield shall remain in effect until terminated or modified by order of court. Any person aggrieved by the custodian's decision may file a motion under section (a) of this Rule.
Committee note: If a court or District Court Commissioner grants a request to shield information under section (g) of this Rule, no adversary hearing is held unless a person seeking inspection of the shielded information files a motion under section (a) of this Rule.
Source: This Rule is derived from former Rule 16-1009 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended June 20, 2017, eff. Aug. 1, 2017.]

Editors' Notes

HISTORICAL NOTES
2017 Orders
The June 20, 2017 order, renumbered Rule 16-910 as 16-912; made stylistic changes to the title; added the language “or other applicable law” to subsections (a)(1)(A) and (B); changed the term “court record” to the term “judicial record” in subsection (a)(3); added the language “or on whose behalf relief is sought” to subsection (c)(2); and made a stylistic change to subsection (d)(5).
MD Rules, Rule 16-912, MD R CTS J AND ATTYS Rule 16-912
Current with amendments received through December 15, 2018
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