(a) Development of Plan. Upon the full statewide implementation of MDEC, the State Court Administrator shall work with the State Archivist to develop a plan for the transmission of electronic case records to the Maryland State Archives for the purpose of archiving of those records. Any plan recommended by the State Archivist and the State Court Administrator shall be presented to the Supreme Court for approval. The plan shall not take effect until approved by the Supreme Court after a public hearing.
(b) Contents of Plan. The plan shall provide for:
(1) the entire lifecycle of the electronic record, including creation, use, destruction, and transfer to the Maryland State Archives;
(2) the Courts' records retention and disposition schedules to define the retention period of non-permanent records and the transfer of permanent electronic records to the Maryland State Archives;
(3) when electronic records may be transmitted to the Maryland State Archives;
(4) the categories or types of records to be transmitted or not to be transmitted;
(5) the format and manner of transmission and the format in which the records will be retained by the Maryland State Archives;
(6) the preservation of all limitations on public access to the transmitted electronic records provided for by the Rules in Title 16, Chapter 900 and Title 20 of these Rules until such time or times provided for in the plan;
(7) a method by which MDEC can retrieve and modify records transmitted to the Maryland State Archives;
(8) procedures for the expungement of records transmitted to the Maryland State Archives when ordered by a court in accordance with applicable expungement laws;
(9) procedures to ensure that the electronic records are exported for transfer to the Maryland State Archives in non-proprietary (open-source) formats that constitute a complete and accurate representation of the record as defined by the Court; and
(10) any other matters relevant to the transmission and archiving of court records, including the tracking, verification, and authentication of transfers.
(c) Optional--Archives as Duplicate Repository. The plan may provide for immediate transmission of electronically filed case records in order that the Maryland State Archives constitute a duplicate repository of electronic court records.
Source: This Rule is new.
Credits
[Adopted May 1, 2013, eff. July 1, 2013. Amended June 6, 2016, eff. July 1, 2016; Oct. 10, 2018, eff. Jan. 1, 2019; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
