Md. R. Elec. Fil'g & Case Mgmt. 20-107

As amended through September 13, 2024
Rule 20-107 - Mdec Signatures
(a)Signature by Filer; Additional Information Below Signature. Subject to sections (b), (c), and (d) of this Rule, when a filer is required to sign a submission, the submission shall:
(1) include the filer's signature on the submission, and
(2) provide the following information below the filer's signature: the filer's address, e-mail address, and telephone number and, if the filer is an attorney, the attorney's identifying Attorney Number registered with the Attorney Information System. That information shall not be regarded as part of the signature. A signature on an electronically filed submission constitutes and has the same force and effect as a signature required under Rule 1-311.

Cross reference: For the definition of "signature applicable to MDEC submissions, see Rule 20-101(u).

(b) Signature by Judge, Judicial Appointee, or Clerk. A judge, judicial appointee, or clerk shall sign a submission by:
(1) personally affixing the judge's, judicial appointee's, or clerk's signature to the submission by using an electronic process approved by the State Court Administrator, or
(2) hand-signing a paper version of the submission and scanning the hand-signed submission into the MDEC system.

Cross reference: For delegation by an attorney, judge, or judicial appointee to file a signed submission, see Rule 20-108.

(c) Multiple Signatures on a Single Document. When the signature of more than one person is required on a document, the filer shall (1) confirm that the content of the document is acceptable to all signers; (2) obtain the signatures of all signers; and (3) file the document electronically, indicating the signers in the same manner as the filer's signature. Filers other than judges, judicial appointees, clerks, and judicial personnel shall retain the signed document at least until the action is concluded.
(d) Signature Under Oath, Affirmation, or With Verification.
(1)Generally. When a person is required to sign a document under oath, affirmation, or with verification, the signer shall hand-sign the document or affix the signer's digital signature to the document. If the signature is hand-signed, the filer shall scan the document and file the scanned document electronically. The filer shall retain the original hand-signed document or a copy of the document with the digital signature at least until the action is concluded or for such longer period ordered by the court. At any time prior to the conclusion of the action, the court may order the filer to produce the original document.
(2)Actions for Nonpayment of Rent. In an action for nonpayment of rent under Code, Real Property Article, § 8-401, a person who signs a document under oath, affirmation, or with verification may use a signature as defined in Rule 20-101(u). A person who signs a document under this subsection is subject to the provisions of section (e).
(e) Verified Submissions. When a submission is verified or the submission includes a document under oath, the signature of the filer constitutes a certification by the filer that (1) the filer has read the entire document; (2) the filer has not altered, or authorized the alteration of, the text of the verified material; and (3) the filer has either personally filed the submission or has authorized a designated assistant to file the submission on the filer's behalf pursuant to Rule 20-108.

Cross reference: For the definition of "hand-signed, see Rule 20-101.

Md. R. Elec. Fil'g & Case Mgmt. 20-107

This Rule is new.

Adopted May 1, 2013, eff. 7/1/2013. Amended Dec. 7, 2015, eff. 1/1/2016; 6/20/2017, eff. 8/1/2017; 10/10/2018, eff. 1/1/2019; 5/15/2019, eff. 7/1/2019; amended March 30, 2021, eff. 7/1/2021; amended Feb. 9, 2022, eff. 4/1/2022.

HISTORICAL NOTES

2015 Orders

The December, 7, 2015, order, divided section (a) into subsections and required that an attorney filer who electronically signs a submission under MDEC include the attorney's Client Protection Fund ID number.

2017 Orders

The June 20, 2017 order, added the word "typographical to section (d).

2018 Orders

The October 10, 2018 order changed the name of the Rule; required signatures that conform to the proposed revised definition of "signature; required that certain information be included below the filer's signature and specified that the information shall not be regarded as part of the signature; deleted references to "digital signature, "facsimile signature, and "typographical signature; added a cross reference following section (a); added provisions pertaining to clerks' signatures to section (b); deleted section (c); specified the two methods by which a judge, judicial appointee, or clerk may sign a submission; and made stylistic changes.

2019 Orders

The May 15, 2019 order added a provision pertaining to signatures in actions for nonpayment of rent under Code, Real Property Article, § 8-401.