RULE 20-102. APPLICATION OF TITLE
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2020
Effective: July 1, 2020
MD Rules, Rule 20-102
RULE 20-102. APPLICATION OF TITLE
(1) New Actions and Submissions. On and after the MDEC start date, this Title applies to (A) new actions filed in a trial court for an MDEC county, (B) new submissions in actions then pending in that court, (C) new submissions in actions in that court that were concluded as of the MDEC start date but were reopened on or after that date, (D) new submissions in actions remanded to that court by a higher court or the United States District Court, and (E) new submissions in actions transferred or removed to that court.
(2) Existing Documents; Pending and Reopened Cases. With the approval of the State Court Administrator, (A) the County Administrative Judge of the circuit court for an MDEC county, by order, may direct that all or some of the documents that were filed prior to the MDEC start date in a pending or reopened action in that court be converted to electronic form by the clerk, and (B) the Chief Judge of the District Court, by order, may direct that all or some of the documents that were filed prior to the MDEC start date in a pending or reopened action in the District Court be converted to electronic form by the clerk. Any such order by the County Administrative Judge or the Chief Judge of the District Court shall include provisions to ensure that converted documents comply with the redaction provisions applicable to new submissions.
(B) Exception. For appeals from an action to which section (a) of this Rule does not apply, the clerk of the lower court shall transmit the record in accordance with Rules 8-412 and 8-413, and, upon completion of the appellate proceeding, the clerk of the appellate court shall transmit the mandate and return the record to the lower court in accordance with Rule 8-606 (d)(1).
(2) Other Proceedings. If so ordered by the Court of Appeals in a particular matter or action, the Title also applies to (A) a question certified to the Court of Appeals pursuant to the Maryland Uniform Certification of Questions of Law Act, Code, Courts Article, §§ 12-601-12-613; and (B) an original action in the Court of Appeals allowed by law.
Committee note: The intent of the 2020 amendments to this Rule is to expand MDEC to appeals and certain other proceedings in the Court of Special Appeals and Court of Appeals that emanate from non-MDEC subdivisions. That requires certain clarifications. First, unless they are registered users under Rule 20-104, self-represented litigants and other persons subject to Rule 20-106 (a)(4) may not file electronically. See Rule 20-106. They will continue to file their submissions to the appellate court in paper form, unless otherwise permitted by the Court. Second, unless otherwise permitted by the appellate court, trial courts in non-MDEC subdivisions shall continue to transmit the record in accordance with Rules 8-412 and 8-413 and not Rule 20-402.
Source: This Rule is new.
[Adopted May 1, 2013, eff. July 1, 2013; October 2, 2014, eff. October 14, 2014; Dec. 7, 2015, eff. Jan. 1, 2016; June 20, 2017, eff. Aug. 1, 2017; June 17, 2020, eff. July 1, 2020.]
MD Rules, Rule 20-102, MD R EFILING Rule 20-102
Current with amendments received through August 1, 2020.
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