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RULE 20-201. REQUIREMENTS FOR ELECTRONIC FILING

West's Annotated Code of MarylandMaryland RulesEffective: October 1, 2020

West's Annotated Code of Maryland
Maryland Rules
Title 20. Electronic Filing and Case Management
Chapter 200. Filing and Service
Effective: October 1, 2020
MD Rules, Rule 20-201
RULE 20-201. REQUIREMENTS FOR ELECTRONIC FILING
(a) Scope. Subject to section (l) of this Rule, sections (b), (c), and (e) of this Rule apply to all filers. Sections (d), (f), (g), (h), (j), (k), and (l) of this Rule do not apply to judges, judicial appointees, clerks, and judicial personnel.
(b) Authorization to File. A person may not file a submission in an MDEC action unless authorized by law to do so.
(c) Policies of State Court Administrator. A filer shall comply with all published policies and procedures adopted by the State Court Administrator pursuant to Rule 20-103.
(d) Signature. If, under Rule 1-311, the signature of the filer is required, the submission shall be signed in accordance with Rule 20-107.
(e) Multiple Submissions Filed Together. All submissions related to a particular MDEC action that are filed together at one time shall be included in a single electronic folder, sometimes referred to as an envelope.
Committee note: As an example, an answer to a complaint, a counter-claim, a cross-claim, and a motion for summary judgment, all filed at the same time in the same action, must be filed as separate pleadings or papers but in a single electronic folder.
(f) Service Contact Information. A registered user who files a submission and who will be entitled to electronic service of subsequent submissions in the action shall include in the submission accurate information as to the e-mail address where such electronic service may be made upon the registered user. If the submission is the registered user's initial submission in an action, or if a change in the e-mail address is made, the filer also shall provide service contact information by using the “Actions” drop-down box that is part of the MDEC submission process.
Committee note: If the “Actions” drop-down box is not used to provide service contact information when an initial submission is filed in an action, the default e-mail address for subsequent notifications and service of other parties' submission in the action will be the e-mail address that the filer used when transmitting the initial submission in the action.
(g) Certificate of Service.
(1) Generally. Other than an original pleading that is served by original process, each submission that is required to be served pursuant to Rule 20-205 (d) shall contain a certificate of service signed by the filer.
(2) Non-Electronic Service. If service is not to be made electronically on one or more persons entitled to service, service on such persons shall be made in accordance with the applicable procedures established by other Titles of the Maryland Rules, and the submission shall include a certificate of service that complies with Rule 1-323 as to those persons and states that all other persons, if any, entitled to service were served by the MDEC system.
(3) Electronic Service. If service is made electronically by the MDEC system on all persons entitled to service, the certificate shall so state.
(h) Restricted Information. Except as provided in Rule 20-201.1, a submission filed by a filer shall not contain any restricted information.
(i) Electronic File Names. The electronic file name for each submission shall relate to the title of the submission. If a submission relates to another submission, the file name and the title of the submission shall make reference to the submission to which it relates. If all or part of a submission is to be sealed or shielded pursuant to Rule 20-201.1, the electronic file name shall so indicate.
(j) Proposed Orders. A proposed order to be signed by a judge or judicial appointee shall be (1) in an electronic text format specified by the State Court Administrator and (2) filed as a separate document identified as relating to the motion or other request for court action to which the order pertains. The file name of the proposed order shall indicate that it is a proposed order.
Committee note: As originally adopted, section (j) of this Rule required that a proposed order be submitted in “an editable text form.” Because at the time of initial implementation, the MDEC system could only accept pdf documents, amendments to section (j) [formerly lettered (k)] were made in 2015 to give the State Court Administrator the flexibility to specify the electronic format of the proposed order. The filer should consult the MDEC policies and procedures posted on the Judiciary website for any changes to the required format.
(k) Fee.
(1) Generally. A submission shall be accompanied, in a manner allowed by the published policies and procedures adopted by the State Court Administrator, by any fee required to be paid in connection with the filing.
(2) Waiver--Civil Action.
(A) A filer in a civil action who (i) desires to file electronically a submission that requires a prepaid fee, (ii) has not previously obtained and had docketed a waiver of prepayment of the fee, and (iii) seeks a waiver of such prepayment, shall file a request for a waiver pursuant to Rule 1-325 or Rule 1-325.1, as applicable.
(B) The request shall be accompanied by (i) the documents required by Rule 1-325 or Rule 1-325.1, as applicable, (ii) the submission for which a waiver of the prepaid fee is requested, and (iii) if applicable, a proposed order granting the request.
(C) No fee shall be charged for the filing of the waiver request.
(D) The clerk shall docket the request for waiver. If the clerk waives prepayment of the prepaid fee pursuant to Rule 1-325 (d) or the applicable provision of Rule 1-325.1, the clerk also shall docket the attached submission. If prepayment is not waived by the clerk, the clerk and the court shall proceed in accordance with Rule 1-325 (e) or Rule 1-325.1 (c), as applicable.
(3) Waiver--Criminal Action. A fee waiver in a criminal action is governed by Rule 7-103 (c)(2), 8-201 (b)(2), or 8-303 (a)(2), as applicable.
(l) Filings by Certain Judicial Officers and Employees.
(1) District Court Commissioners.
(A) Filings in District Court. In accordance with policies and procedures approved by the Chief Judge of the District Court and the State Court Administrator, District Court commissioners shall file electronically with the District Court reports of pretrial release proceedings conducted pursuant to Rules 4-212, 4-213, 4-213.1, 4-216, 4-216.1, 4-217, 4-267, or 4-347. Those filings shall be entered directly into the MDEC system, subject to post-filing review and correction of clerical errors in the form or language of the docket entry for the filing by a District Court clerk.
Committee note: The intent of the last sentence of subsection (l)(1)(A), as well as subsections (l)(1)(B) and (l)(2), is to provide the same obligation to review and correct post-filing docket entries that the clerk has with respect to filings under Rule 20-203 (b) (1).
(B) Filings in Circuit Court. Subject to approval by the Chief Judge of the Court of Appeals, the State Court Administrator may adopt policies and procedures permitting District Court Commissioners to file electronically with a circuit court reports of pretrial release proceedings conducted pursuant to Rules 4-212, 4-213, 4-213.1, 4-216, 4-216.1, 4-217, 4-267, or 4-347. The policies and procedures shall permit District Court Commissioners to enter those filings directly into the MDEC system, subject to post-filing review and correction of clerical errors in the form or language of the docket entry for the filing by a circuit court clerk.
(2) Circuit Court Employees. In addition to authorized employees of the clerk's office and with the approval of the county administrative judge, the clerk of a circuit court may authorize other employees of the circuit court to enter filings directly into the MDEC system, subject to post-filing review and correction of clerical errors in the form or language of the docket entry for the filing by a circuit court clerk.
Committee note: In some counties, there are circuit court employees who are not employees in the clerk's office but who perform duties that, in other counties, are performed by employees in the clerk's office. Those employees are at-will employees who serve at the pleasure of the court or the county administrative judge. The intent of subsection (l)(2) is to permit the clerk, with the approval of the county administrative judge, to authorize those employees to enter filings directly into the MDEC system as part of the performance of their official duties, subject to post-filing review by the clerk. It is not the intent that this authority apply to judges' secretaries, law clerks, or administrative assistants. Rule 20-108 (b) authorizes judges and judicial appointees in MDEC counties to delegate to law clerks, secretaries, and administrative assistants authority to file submissions on behalf of the judge or judicial appointee. That delegated authority is a ministerial one, to act on behalf of and for the convenience of the judge or judicial appointee and not an authority covered by subsection (l)(2).
Source: This Rule is new.

Credits

[Adopted May 1, 2013, eff. July 1, 2013. Amended March 2, 2015, eff. March 15, 2015; 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.]
MD Rules, Rule 20-201, MD R EFILING Rule 20-201
Current with amendments received through August 1, 2021. Some sections may be more current, see credits for details.
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