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RULE 20-109. ACCESS TO ELECTRONIC RECORDS IN MDEC ACTIONS

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

West's Annotated Code of Maryland
Maryland Rules
Title 20. Electronic Filing and Case Management
Chapter 100. General Provisions
Effective: August 1, 2020
MD Rules, Rule 20-109
RULE 20-109. ACCESS TO ELECTRONIC RECORDS IN MDEC ACTIONS
(a) Generally. Except as otherwise provided in this Rule, access to judicial records in an MDEC action is governed by the Rules in Title 16, Chapter 900.
(b) Parties and Attorneys of Record. Subject to any protective order issued by the court or other law, parties to and attorneys of record in an MDEC action shall have full access, including remote access, to all case records in that action.
(c) Judges and Judicial Appointees. Judges and judicial appointees shall have full access, including remote access, to judicial records to the extent that such access is necessary to the performance of their official duties. The Chief Judge of the Court of Appeals, by Administrative Order, may further define the scope of remote access by judges and judicial appointees.
(d) Clerks and Judicial Personnel. Clerks and judicial personnel shall have full access from their respective work stations to judicial records to the extent such access is necessary to the performance of their official duties. The State Court Administrator, by written directive, may further define the scope of such access by clerks and judicial personnel.
(e) Public Access.
(1) Access Through CaseSearch. Members of the public shall have free access to information posted on CaseSearch.
(2) Unshielded Documents. Subject to any protective order issued by the court, members of the public shall have free access to unshielded case records and unshielded parts of case records from computer terminals or kiosks that the courts make available for that purpose. Each court shall provide a reasonable number of terminals or kiosks for use by the public. The terminals or kiosks shall not permit the user to download, alter, or forward the information, but the user is entitled to a copy of or printout of a case record in accordance with Rule 16-904 (c).
Committee note: The intent of subsection (e)(2) of this Rule is that members of the public be able to access unshielded electronic case records in any MDEC action from a computer terminal or kiosk in any courthouse of the State, regardless of where the action was filed or is pending.
(f) Department of Juvenile Services. Subject to any protective order issued by the court, a registered user authorized by the Department of Juvenile Services to act on its behalf shall have full access, including remote access, to all case records in an MDEC action to the extent the access is (1) authorized by Code, Courts Article, § 3-8A-27 and (2) necessary to the performance of the individual's official duties on behalf of the Department.
(g) Government Agencies and Officials. Nothing in this Rule precludes the Administrative Office of the Courts from providing remote electronic access to additional information contained in case records to government agencies and officials (1) who are approved for such access by the Chief Judge of the Court of Appeals, upon a recommendation by the State Court Administrator, and (2) when those agencies or officials seek such access solely in their official capacity, subject to such conditions regarding the dissemination of such information imposed by the Chief Judge.
Source: This Rule is new.

Credits

[Adopted May 1, 2013, eff. July 1, 2013. Amended March 2, 2015, eff. July 1, 2015; June 6, 2016, eff. July 1, 2016; June 20, 2017, eff. Aug. 1, 2017; June 29, 2020, eff. Aug. 1, 2020.]
MD Rules, Rule 20-109, MD R EFILING Rule 20-109
Current with amendments received through August 1, 2020.
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