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RULE 16-906. CASE RECORDS--REQUIRED DENIAL OF INSPECTION--IN GENERAL

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 16-906
RULE 16-906. CASE RECORDS--REQUIRED DENIAL OF INSPECTION--IN GENERAL
(a) When Inspection Would be Contrary to Federal Law, Certain Maryland Law, or Court Order. A custodian shall deny inspection of a case record or any part of a case record if inspection would be contrary to:
(1) The Constitution of the United States, a Federal statute, or a Federal regulation adopted under a Federal statute and having the force of law;
(2) The Maryland Constitution;
(3) A provision of Code, General Provisions Article, Title 4 (PIA) that is expressly adopted in the Rules in this Chapter;
(4) A rule adopted by the Court of Appeals; or
(5) An order entered by the court having custody of the case record or by any higher court having jurisdiction over
(A) the case record, or
(B) the person seeking inspection of the case record.
(b) When Inspection Would be Contrary to Other Maryland Statutes. Unless inspection is otherwise permitted by the Rules in this Chapter, a custodian shall deny inspection of a case record or any part of a case record if inspection would be contrary to a statute enacted by the Maryland General Assembly, other than Code, General Provisions Article, Title 4 (PIA), that expressly or by necessary implication applies to a judicial record.
Cross reference: For an example of a statute enacted by the General Assembly that restricts inspection of a case record, see Code, Criminal Procedure Article, Title 10, Subtitle 3.
Committee note: Subsection (a)(5) of this Rule allows a court to seal a record or otherwise preclude its disclosure. So long as a judicial record is under seal or subject to an order precluding or limiting disclosure, it may not be disclosed except in conformance with the order. The authority to seal a judicial record must be exercised in conformance with the general policy of these Rules and with supervening standards enunciated in decisions of the United States Supreme Court and the Maryland Court of Appeals.
Source: This Rule is derived from former Rule 16-1005 (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 16-905 to be Rule 16-906; changed the term “court record” to the term “judicial record” throughout the Rule; replaced the reference to the “Maryland Public Information Act” with the Code citation in subsection(a)(3) and section (b).
MD Rules, Rule 16-906, MD R CTS J AND ATTYS Rule 16-906
Current with amendments received through February 1, 2019.
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