Rule 16-203 - Electronic Filing of Pleadings, Papers, and Real Property Instruments(a) Applicability; Conflicts with Other Rules.(1)General Applicability; MDEC. Except for electronic filings subject to the Rules in Title 20, this Rule applies to the electronic filing of pleadings and papers in a circuit court or in the District Court and to the electronic filing of instruments authorized or required by law to be recorded and indexed in the land records.(2)Conflicts with Other Rules. A pleading, paper, or instrument may not be filed by direct electronic transmission to a court except in accordance with this Rule or the Rules in Title 20. To the extent of any inconsistency with any other Rule, other than the Rules in Title 20, this Rule and any administrative order entered pursuant to it shall prevail. Cross reference: Code, Real Property Article, § 3-502.
(b) Submission of Plan.(1)Circuit Court. A County Administrative Judge may submit to the State Court Administrator a detailed plan for a pilot project for the electronic filing of pleadings and papers or of real property instruments. In developing the plan, the County Administrative Judge shall consult with the Clerk of the Circuit Court, appropriate vendors, the State Court Administrator, and any other judges, court clerks, members of the bar, vendors of electronic filing systems, and interested persons that the County Administrative Judge chooses, to ensure that the criteria set forth in section (c) of this Rule are met.(2)District Court. The Chief Judge of the District Court may submit to the Supreme Court for approval a detailed plan for a pilot project for the electronic filing of pleadings and papers. In developing the plan, the Chief Judge shall consult with the District Administrative Judge and the District Administrative Clerk of each district included in the plan, the District Court Chief Clerk, appropriate vendors, the State Court Administrator, and any other judges, court clerks, members of the bar, vendors of electronic filing systems, and interested persons that the Chief Judge chooses, to ensure that the criteria set forth in section (c) of this Rule are met.(c) Criteria for Adoption of Plan. In developing a plan for the electronic filing of pleadings, the County Administrative Judge or the Chief Judge of the District Court, as applicable, shall be satisfied that the following criteria are met: (1) the proposed electronic filing system is compatible with the data processing systems, operational systems, and electronic filing systems used or expected to be used by the judiciary;(2) the installation and use of the proposed system does not create an undue financial or operational burden on the court;(3) the proposed system is reasonably available for use at a reasonable cost, or an efficient and compatible system of manual filing will be maintained;(4) the proposed system is effective, secure, and not likely to break down;(5) the proposed system makes appropriate provision for the protection of privacy and for public access to public records in accordance with the Rules in Chapter 900 of this Title; and(6) the court can discard or replace the system during or at the conclusion of a trial period without undue financial or operational burden. The State Court Administrator shall review the plan and make a recommendation to the Chief Justice of the Supreme Court with respect to it.
Cross reference: For the definition of "public record," see Code, General Provisions Article, § 4-101. See also Rules 16-901 -- 16-934 (Access to Judicial Records).
(d) Approval and Duration of Plan. A plan may not be implemented unless approved by administrative order of the Chief Justice of the Supreme Court. The plan shall terminate two years after the date of the administrative order unless the Chief Justice terminates it earlier or modifies or extends it by a subsequent administrative order.(e) Evaluation. The Chief Justice of the Supreme Court may appoint a committee consisting of one or more judges, court clerks, attorneys, legal educators, bar association representatives, and other interested and knowledgeable individuals to monitor and evaluate the plan. Before the expiration of the two-year period set forth in section (d) of this Rule, the Chief Justice of the Supreme Court, after considering the recommendations of the committee, shall evaluate the operation of the plan.(f) Public Availability of Plan. The State Court Administrator and the Clerk of the Circuit Court or the Chief Clerk of the District Court, as applicable, shall make available for public inspection a copy of any current plan. This Rule is derived from former Rules 16-307 and 16-506(2016).
Adopted June 6, 2016, eff. 7/1/2016; 6/20/2017, eff. 8/1/2017; amended June 29, 2020, eff. 8/1/2020; amended April 21, 2023, eff. 4/1/2023.HISTORICAL NOTES
2017 Orders
The June 20, 2017 order, revised an internal reference.