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RULE 16-914. RESOLUTION OF DISPUTES BY ADMINISTRATIVE OR CHIEF JUDGE

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 16-914
RULE 16-914. RESOLUTION OF DISPUTES BY ADMINISTRATIVE OR CHIEF JUDGE
(a) Application by Custodian. If, upon a request for inspection of a judicial record, a custodian is in doubt whether the record is subject to inspection under the Rules in this Chapter or other applicable law, the custodian, after making a reasonable effort to notify the person seeking inspection and each identifiable person who is the subject of or is specifically identified in the record shall apply in writing for a preliminary judicial determination whether the judicial record is subject to inspection.
(1) If the record is in an appellate court or an orphans' court other than in Harford or Montgomery County, the application shall be to the chief judge of the court.
(2) If the record is in a circuit court or in the orphans' court for Harford or Montgomery County, the application shall be to the county administrative judge.
(3) If the record is in the District Court, the application shall be to the district administrative judge.
(4) If the record is in a judicial agency other than a court, the application shall be to the Chief Judge of the Court of Appeals, who may refer it to the county administrative judge of a circuit court.
(b) Preliminary Determination. After hearing from or making a reasonable effort to communicate with the person seeking inspection and each person who is the subject of or is specifically identified in the record, the court shall make a preliminary determination of whether the record is subject to inspection. Unless the court extends the time for good cause, the preliminary determination shall be made within 10 days after the court receives the written request.
(c) Order; Stay. If the court determines that the record is subject to inspection, the court shall file an order to that effect. If a person who is the subject of or is specifically identified in the record objects, the judge may stay the order for not more than five business days in order to allow the person an opportunity to file an appropriate action to enjoin the inspection.
(d) Action to Enjoin Inspection. An action under section (c) of this Rule shall be filed within 30 days after the order is filed, and the person who requested inspection of the record shall be made a party. If such an action is timely filed, it shall proceed in accordance with Rules 15-501 through 15-505.
(e) Order; Action to Compel Inspection. If the court determines that the judicial record is not subject to inspection, the court shall file an order to that effect, and the person seeking inspection may file an action under Code, General Provisions Article, Title 4 (PIA) or on the basis of the Rules in this Chapter to compel the inspection. An action under this section shall be filed within thirty days after the order is filed.
(f) When Order Becomes Final and Conclusive. If a timely action is filed under section (d) or (e) of this Rule, the preliminary determination by the court shall not have a preclusive effect under any theory of direct or collateral estoppel or law of the case. If a timely action is not filed, the order shall be final and conclusive.
Source: This Rule is derived from former Rule 16-1011 (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 16-912 as Rule 16-914; changed the term “court record to “judicial record” throughout the Rule; added the language “or other applicable law” and the word “identifiable” to section (a); added the language “who is the subject of or is specifically identified in the record” to and deleted language from sections (a), (b), and (c); deleted language from the tagline of section (c); and added a tagline to section (d).
MD Rules, Rule 16-914, MD R CTS J AND ATTYS Rule 16-914
Current with amendments received through December 15, 2018
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