Md. R. Elec. Fil'g & Case Mgmt. 20-102

As amended through October 15, 2024

Rule 20-102 - Application of Title

(a)Trial Courts.

(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)Appellate Courts.

(1) Appellate Proceedings

(A) Generally

Except as provided in subsection (b)(1)(B) of this Rule, this Title applies to all appellate proceedings in the Appellate Court or Supreme Court seeking the review of a judgment or order entered in any action.

(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

This Title also applies to (A) a question certified to the Supreme Court 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 Supreme Court allowed by law.

Committee note: After the Supreme Court has received and docketed a certification order pursuant to Rule 8-304 or Rule 8 - 305, parties who are registered users must file any subsequent papers electronically.

(c)Applicability of Other Rules. Except to the extent of any inconsistency with the Rules in this Title, all of the other applicable Maryland Rules continue to apply. To the extent there is any inconsistency, the Rules in this Title prevail.

Md. R. Elec. Fil'g & Case Mgmt. 20-102

This Rule is new.

Adopted May 1, 2013, eff. 7/1/2013; 10/2/2014, eff. 10/14/2014; 12/7/2015, eff. 1/1/2016; 6/20/2017, eff. 8/1/2017; amended June 17, 2020, eff. 7/1/2020; amended Feb. 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

2014 Orders

The October 2, 2014, order amended (a)(1) by deleting "date to be set by further Order of the Court of Appeals and inserting October 14, 2014.

2015 Orders

The December 7, 2015, order, changed the title of the Rule, deleted subsection (a)(1) and the Committee note following subsection (a)(1), and made stylistic.

2017 Orders

The June 20, 2017 order, deleted the word "applicable from subsections (a)(1) and (a)(2); added the acronym "MDEC before the word "county and added the language "MDEC start before the word "date in subsections (a)(1) and (a)(2); and adding the language "by the County Administrative Judge or the Chief Judge of the District Court after the word "order in section (a)(2).

Committee note: The intent of the 2020 amendments to this Rule is to expand MDEC to appeals and certain other proceedings in the Appellate Court and Supreme Court 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.