Rule 16-205 - Disposition of Records(a) Applicability.(1) This Rule does not apply to records initially filed or submitted for filing in paper form and subsequently scanned into electronic form pursuant to Rule 20-106. Upon scanning, those written documents cease to be court records and shall be disposed of in accordance with Rule 20-106.(2) This Rule applies to records in the custody of a circuit court or the District Court that (A) for a circuit court are subject to a Records Retention and Disposal Schedule for the Circuit Courts adopted by the Records Management Division of the Department of General Services and approved by the Chief Justice of the Supreme Court, or (B) for the District Court, are subject to a District Court Records Retention and Storage Manual adopted by the Chief Judge of that Court and approved by the Chief Justice of the Supreme Court.Committee note: This Rule is to be read in harmony with the statutes and Rules governing the expungement of court records.
(b) Definitions. In this Rule, the following definitions apply except as otherwise provided or as necessary implication requires: (1)Dispose. "Dispose means to destroy or remove.(2)Records. "Records means original papers, official books, documents, files, dockets, electronic recordings of testimony and court proceedings, and exhibits in the custody of the court.(c) Circuit Court Records.(1)Duty of Clerk and County Administrative Judge. Except as otherwise required by law, each custodian of records of a circuit court and the county administrative judge of that court shall dispose of the records in their custody in accordance with the procedures, schedules, forms, and exhibits set forth in the Records Retention and Disposal Schedule for the Circuit Courts of Maryland most recently adopted by the Records Management Division of the Department of General Services and approved by the Chief Justice of the Supreme Court.(2)Duty of State Court Administrator. The State Court Administrator shall assure that a copy of the most recently adopted and approved Schedule is delivered to each county administrative judge and each clerk of a circuit court, along with any appropriate instructions regarding its use.(d) District Court Records. The Chief Clerk of the District Court and the Chief Judge of the District Court shall dispose of records of the District Court in accordance with the procedures, schedules, forms, and exhibits set forth in the District Court Records Retention and Storage Manual most recently adopted by the Chief Judge of the District Court and approved by the Chief Justice of the Supreme Court.Adopted June 6, 2016, eff. 7/1/2016; amended April 21, 2023, eff. 4/1/2023. See Code, Courts Article, §§ 1-605(d)(6) and 2-205; Code, Family Law Article, § 7-106; and Code, State Government Article, Title 10, Subtitle 6, Part III, concerning destruction of records.