Rule 16-934 - [Effective 7/1/2024] Case Records - Court Order Denying or Permitting Inspection Not otherwise Authorized by Rule(a) Purpose; Scope (1) Generally This Rule is intended to authorize a court to permit inspection of a case record that is not otherwise subject to inspection, or to deny inspection of a case record that otherwise would be subject to inspection, if the court finds, by clear and convincing evidence, (1) a compelling reason under the particular circumstances to enter such an order, and (2) that no substantial harm will come from such an order.
(2) Exception This Rule does not apply to, and does not authorize a court to permit inspection of, a case record where inspection would be contrary to the United States or Maryland Constitution, a Federal statute or regulation that has the force of law, a Maryland statute other than the PIA, or to a judicial record that is not subject to inspection under Rule 16-911(c), (d), (e), or (f).
(b) Petition (1) A party to an action in which a case record is filed, and a person who is the subject of or is specifically identified in a case record may file in the action a petition: (A) to seal or otherwise limit inspection of a case record filed in that action that is not otherwise shielded from inspection under the Rules in this Chapter or Title 20 or other applicable law; or(B) subject to subsection (a)(2) of this Rule, to permit inspection of a case record filed in that action that is not otherwise subject to inspection under the Rules in this Chapter or Title 20 or other applicable law.(2) Except as provided in subsection (b)(3) of this Rule, the petition shall be filed with the court in which the case record is filed and shall be served on:(A) all parties to the action in which the case record was filed; and(B) if the petition is to permit inspection of a case record filed in that action that is not otherwise subject to inspection, each identifiable person who is a subject of the case record.(3) A petition to shield a judicial record pursuant to Code, Criminal Procedure Article, Title 10, Subtitle 3 shall be filed in the county where the judgment of conviction was entered and shall state that the petition is filed pursuant to this Rule and that it should be shielded. The petition shall be shielded, subject to further order of the court. Service shall be made, and proceedings shall be held as directed in that Subtitle.(4) The petition shall be under oath and shall state with particularity the circumstances that justify an order under this Rule. Unless the court orders otherwise, the petition and any response to it shall be shielded.(c) Shielding of Record Upon Petition (1) Section (c) of this Rule does not apply to a petition filed pursuant to Code, Criminal Procedure Article, Title 10, Subtitle 3 or a submission pursuant to Rule 20-201.1(d). (2) Upon the filing of a petition to seal or otherwise limit inspection of a case record pursuant to section (a) of this Rule, the custodian shall deny inspection of the case record for a period not to exceed five business days, including the day the motion is filed, in order to allow the court an opportunity to determine whether a temporary order should issue. Immediately upon docketing, a petition to seal or otherwise limit inspection of a case record shall be delivered to a judge for consideration.(d) Temporary Order Precluding or Limiting Inspection(1) The court shall consider a petition to preclude or limit inspection filed under this Rule on an expedited basis.(2) The court may enter a temporary order precluding or limiting inspection of a case record if it clearly appears from specific facts shown by affidavit or other statement under oath that (A) there is a substantial basis for believing that the case record is properly subject to an order precluding or limiting inspection pursuant to this Rule, and (B) immediate, substantial, and irreparable harm will result to the person seeking the relief or on whose behalf the relief is sought if temporary relief is not granted before a full adversary hearing can be held on the propriety of a final order precluding or limiting inspection.(3) If a petition to preclude or limit inspection is filed by a plaintiff prior to service of the original pleading, the petition to preclude or limit inspection shall be served on the defendant with the original pleading. The court shall hold a hearing on the petition to preclude or limit inspection within 15 days after the earlier of (A) filing of proof of service of the original pleading or (B) filing of the first responsive pleading by the defendant.(4) If a petition to preclude or limit inspection is filed after all parties have been served in the underlying action, the court shall hold a hearing on the petition within 15 days after the petition to preclude or limit inspection is filed.(5) For good cause shown, a temporary order precluding or limiting inspection may be extended for up to 30 days after service under subsection (d)(3) or filing under subsection (d)(4) of this Rule.(e) Referral for Evidentiary Hearing If a petition to preclude or limit inspection is filed in an appellate court and the appellate court determines that an evidentiary hearing is needed pursuant to this Rule, the appellate court may refer the matter to a judge of a circuit court to conduct the evidentiary hearing.
(f) Final Order (1) A court may not enter an order permitting inspection of a case record that is not otherwise subject to inspection under the Rules in this Chapter in the absence of an opportunity for a full adversary hearing.(2) After an opportunity for a full adversary hearing, the court shall enter a final order: (A) precluding or limiting inspection of a case record that is not otherwise shielded from inspection under the Rules in this Chapter;(B) permitting inspection, under such conditions and limitations as the court finds necessary, of a case record that is not otherwise subject to inspection under the Rules in this Chapter; or(C) denying the petition.(3) A final order shall include or be accompanied by findings regarding the interest sought to be protected by the order.(4) A final order that precludes or limits inspection of a case record shall be as narrow as practicable in scope and duration to effectuate the interest sought to be protected by the order.(5) A final order granting relief under Code, Criminal Procedure Article, Title 10, Subtitle 3 shall include the applicable provisions of the statute. If the order pertains to a judgment of conviction in (A) an appeal from a judgment of the District Court or (B) an action that was removed pursuant to Rule 4-254, the order shall apply to the records of each court in which there is a record of the action, and the clerk shall transmit a copy of the order to each such court.(6) In determining whether to permit or deny inspection, the court shall determine, upon clear and convincing evidence:(A) whether a special and compelling reason exists to preclude, limit, or permit inspection of the particular case record, and, if so, a description of that reason;(B) whether any substantial harm is likely to come from the order and, if so, the nature of that harm; and(C) if the petition seeks to permit inspection of a case record that has been previously sealed by court order under subsection (f)(2)(A) of this Rule and the movant was not a party to the case when the order was entered, whether the order satisfies the standards set forth in subsections (f)(3), (4), and (6)(A) of this Rule.(7) Unless the time is extended by the court on motion of a party and for good cause, the court shall enter a final order within 30 days after a hearing was held or waived.(g) Filing of Order A copy of any temporary or final order shall be filed in the action in which the case record in question was filed and, except as otherwise provided by law, shall be subject to public inspection.
(h) Non-Exclusive Remedy This Rule does not preclude a court from exercising its authority under other law to enter an appropriate order that seals, shields, or limits inspection of a case record or that makes a case record subject to inspection.
(i) Request to Shield Certain Information(1) Section (i) of this Rule applies to a request, filed by an individual entitled to make it, (A) to shield information in a case record that is subject to shielding under Code, Courts Article, Title 3, Subtitle 15 (peace orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence), or (B) in a criminal or juvenile delinquency action, to shield the address or telephone number of a victim, victim's representative, or witness.(2) The request shall be in writing and filed with the person having custody of the record.(3) If the request is granted, the custodian shall deny inspection of the shielded information. The shield shall remain in effect until terminated or modified by order of court. Any person aggrieved by the custodian's decision may file a petition under section (b) of this Rule.This Rule is derived from former Rule 16-912(2019).
Adopted June 29, 2020, eff. 8/1/2020; amended March 30, 2021, eff. 7/1/2021; amended April 21, 2023, eff. 7/1/2023; amended April 5, 2024, eff. 7/1/2024.Committee note: If a court or District Court Commissioner grants a request to shield information under section (h) of this Rule, no adversary hearing is held unless a hearing is required by statute or a person seeking inspection of the shielded information files a petition under section (b) of this Rule.