Each submission filed pursuant to Rule 20-201 that contains restricted information shall state prominently on the first page that it contains restricted information. Except for categories of actions specified in Rule 16-914(a) or in the Policies and Procedures adopted by the State Court Administrator pursuant to Rule 20-103(b), if the submission contains restricted information, it shall be accompanied by a completed Notice Regarding Restricted Information on a form approved by the State Court Administrator. The completed Notice shall be subject to public inspection.
If the submission, as a whole, is not subject to public inspection by Rule, other law, or court order, the filer shall cite the grounds for such an assertion in the Notice.
If a filer believes that a submission contains both restricted information that is not subject to public inspection and information that is subject to public inspection, and that the restricted information is necessary to be included in the submission, the filer shall (A) file both an unredacted version of the submission, noting prominently in the title of the version that the version is "unredacted - to be shielded," and a redacted version of the submission that excludes the restricted information, noting prominently in the title of the version that the version is "redacted," and (B) state in the Notice the grounds for the assertion that some information is restricted information and for including the restricted information in the submission.
If the filer fails to file both an unredacted and a redacted version of a submission when required under subsection (c)(1) of this Rule, the clerk shall reject the submission without prejudice to refile the submission with both versions included. The clerk shall enter on the docket that a submission was received but was rejected for non-compliance with Rule 20 - 201.1(c).
Cross reference: See Rule 20-203(e), requiring the unredacted version to be shielded.
If the filer desires that a submission that otherwise would be accessible to the public be placed under a court seal, the filer shall (1) state that the submission is to be under seal, (2) include a file name that includes the word "sealed," (3) state clearly the legal basis justifying the sealing of the submission, and (4) state whether there is already in effect a court order to seal the submission and, if so, identify that order. If there is no such order, the filer shall include a motion and proposed order to seal the submission.
Cross reference: See Rule 16-916 for the general duty of a filer to inform the clerk of confidential information in a submission; see Rule 20-203(f) for the consequence of a failure to attach a motion and proposed order.
The Notice Regarding Restricted Information form approved by the State Court Administrator shall be published on the Judiciary's website and in the MDEC policies and procedures manual.
Md. R. Elec. Fil'g & Case Mgmt. 20-201.1
This Rule is new.