Committee note: Examples of persons included under subsection (a)(4) of this Rule are government agencies or other persons who are not parties to the MDEC action but are required or permitted by law or court order to file a record, report, or other submission with the court in the action and a person filing a motion to intervene in an MDEC action.
Committee note: This subsection is intended to apply to events such as an unexpected loss of power, a computer failure, or other unexpected event that prevents the filer from using the equipment necessary to effect an electronic filing.
Committee note: A single document comprising more than 300 pages may be submitted electronically by dividing the document into shorter segments.
Cross reference: See Rule 20-204, which requires a registered user to file a "Notice of Filing Tangible Item under certain circumstances.
A paper submission shall comply with Rule 20-201(h) and (k). If applicable, a paper submission also shall comply with Rule 20-201.1.
Committee note: The clerk's pre-scanning review is a ministerial function, limited to ascertaining whether any required fee has been paid (Rule 20-201(k)) ; the presence of the filer's signature; a certificate of service if one is required (Rule 20-201(g)) ; and whether a Notice Regarding Restricted Information is present, if required (Rule 20-201.1(a)).
Committee note: Subsection (d)(2)(B) of this Rule is necessary to enforce the electronic filing requirement of Rule 20-106. It is intended to be used only when it is clear that the filer is a registered user who is required to file submissions electronically and that none of the exceptions in sections (b) or (c) of this Rule appear to be applicable.
Committee note: If submissions properly filed in paper form are to be destroyed by the clerk following their being scanned into MDEC, the public must be given reasonable notice of that policy. Notice may be given in a variety of ways, including on the Judiciary website, on on-line and pre-printed forms prepared by the Judiciary, on summonses or other notices issued by the clerks, and by postings in the clerks' offices.
Committee note: In a document-laden action, if practicable, the court and the parties are encouraged to agree to electronically prefiling documents to be offered into evidence, instead of offering them in paper form. Prefiling merely facilitates the offering of the document and does not constitute, of itself, an admission of the documents.
Committee note: Examples of documents other than exhibits offered for inclusion in the record are written motions made in open court, proposed voir dire questions, proposed jury instructions, communications from a jury, and special verdict sheets.
This section applies to documents proposed to be offered into evidence at a scheduled hearing or trial in a circuit court. This section does not apply (A) to an exhibit attached to a pleading or other paper or (B) to a rebuttal or impeachment exhibit. If the trial is to be a virtual jury trial conducted pursuant to Rule 21-202, proposed exhibits shall be filed and handled in accordance with section (c) of that Rule.
Proposed documentary exhibits in a pending action may be pre-filed in accordance with this Rule and, if directed by the court, shall be pre-filed in accordance with this Rule.
Unless otherwise directed by the court, the proposed exhibits shall be indexed, pre-numbered, and pre-filed with the clerk at least three days prior to the date of the scheduled hearing or trial and served on the other parties. The clerk shall enter on the docket that proposed exhibits were filed but those documents shall not be accessible until they have been offered into evidence.
Md. R. Elec. Fil'g & Case Mgmt. 20-106
This Rule is new.
The December 7, 2015, order, corrected an internal reference in subsection (c)(2)(C), deleted references in section (d) to Rule 20-201(d), added the phrase "for the presence of a signature and to subsection (d)(2), and deleted an obsolete provision from subsection (d)(5).
The June 20, 2017 order, deleted the word "affected and replaced it with the acronym "MDEC throughout the Rule; deleted from the Committee note after subsection (d)(2)(A) the language "and a certificate as to the absence or redaction of restricted information (Rule 20-201(f)(1)(B)); added the language "if possible, or otherwise by first-class mail to subsection (d)(2)(B); and made stylistic changes.
The April 9, 2018 order, added a Committee note following subsection (e)(1)(A), provided an alternative method of handling of a submission that requires prepayment of a fee, or an entry of appearance, whether or not a fee is required, offered in open court by a registered user for inclusion in the record but not as an exhibit, and made stylistic changes.