MDEC Best Practices for Attorneys

Note: Although this document is titled “State Court Administrator Policy on Deficiencies, Strikings, and

Rejections for Clerks,” the Maryland Rules do not give the SCA the authority to determine whether a submission

should be stricken or rejected. The rule-based reasons for striking or rejecting a submission are included in this

document for informational purposes.

Rule 20-103(b)(1) states that the State Court Administrator has the authority to “adopt

policies and procedures that are necessary or useful for the proper and efficient

implementation of the MDEC System.” These policies and procedures may be supplemented

by “examples of deficiencies in submissions that the State Court Administrator has

determined constitute a material violation of the rules in Title 20 or an applicable policy or

procedure and justify the issuance of a deficiency notice under Rule 20-203(d).” If a

deficiency is resolved prior to sending the notice of deficiency, the clerk should add a

comment to the case file and not send a deficiency notice.

• If a party is represented by an attorney, service of a deficiency notice should be made

only upon the attorney unless service upon the party is ordered by the court

(Rule 1 - 321(a)).

• A copy of a deficiency notice should not be sent to an unserved party.

• Deficient filings received over the counter and by mail: These should not be docketed in

MDEC. These filings should be returned to the filer with a Returned Paper Filing Status

Notice – MDEC Action (MDJ-006) and the form should be docketed in the case. The

Returned Paper Filing Status Notice form is used to accompany a paper filing in an MDEC

action that is returned to the person submitting a filing without scanning the submission

into Odyssey. The completed form lists the reason(s) for the return and the notice is to

be scanned into the case file. The case event code RPFSN should be used for docketing

the status notice.

To promote uniformity and to improve the efficient, timely, and correct processing of

submissions in Odyssey, failure of a submission to comply with the following should be

considered a deficiency (Rule 20-203(d)):

1. Consolidated Cases: Where a judge has issued an order consolidating cases and

designates a lead case, all subsequent submissions must be made in the lead case. A

submission to a subcase is deficient.

2. Court Location: The submission was filed into an incorrect court location, whether the

submission is the initial or a subsequent filing. (Exception: Correction of a Location Typo:

when a submission is filed into the correct case, but the court location noted on the

submission is incorrect, the clerk may accept the submission. This is not a deficiency.)

3. Electronic Filing Prohibited: A submission may not be filed electronically if prohibited by

Rule 20-106(c)(2). Exceptions. Except with court approval, the following submissions shall not be

filed electronically:

(A) A single document comprising more than 300 pages; (a single document comprising more

than 300 pages may be submitted electronically by dividing the document into shorter

segments).

(B) Oversized documents, such as blueprints, maps, and plats;

(C) Documents offered as evidence in open court at a trial or other judicial proceeding pursuant

to section (e) of this Rule;

(D) An item that is impracticable to be filed electronically because of the item's physical

characteristics; and

(E) Any other category of submissions that the State Court Administrator exempts from the

requirement of electronic filing.

4. Entry of Appearance for Attorney for Victim/Victim's Representative: An attorney

entering an appearance as attorney for the victim or victim's representative in a case

must do so by using form MDJ-009 - Notice of Entry of Appearance by Attorney for Victim

or Victim's Representative.

5. F ile Names: The electronic file name for each submission shall relate to the title of the

submission. If a submission relates to another submission, the file name and the title of

the submission shall make reference to the submission to which it relates (Rule 20-201(i)).

6. Incorrect Codes: The clerk shall correct errors of non-compliance that apply to the form

and language of the proposed docket entry for the submission. If a corrected docket entry

requires a different fee than the fee required for the original docket entry, the clerk shall

advise the filer, electronically, if possible, or otherwise by first-class mail of the new fee

and the reasons for the change (Rule 20-203(b)(1)).

7. Legibility and Orientation: The submission must be completely legible and must be

scanned with the proper orientation (e.g., sideways, blurry, or containing blank pages).

8. Multiple Submissions Filed Together: All submissions (including proposed orders) that

are filed together at one time shall be included in a single envelope as separate PDF files

(Rule 20-201(e)).

9. Non-Registered User: The submission was filed by a registered user on behalf of a non-registered user.

10. Omnibus Motions: MDEC does not permit omnibus motions, which have been replaced

by three (3) filing codes that require separate PDFs: 1) Motion/Demand for Speedy Trial;

2) Motion/Request/Demand for Discovery and Inspection 3) Motion to Suppress/Exclude

Evidence, Dismiss, or Sever. Refer to the MDEC Policies and Procedures Manual f or more

information.

11. P arty Names: Identical reference to the name of each party (spelling, first name, middle

name(s), last name(s), initial(s), and other identifiers) is required wherever that party’s

name is referred to in writing or electronically, including but not limited to, in the

pleading or other submission, party field, and File and Serve. In subsequent filings if the

name is substantially similar, a deficiency is not required.

12. Proposed Orders: Unless it is contained in a form issued by the Judiciary, a proposed

order must be submitted as a separate document, must be identified as a proposed order,

and must be identified as relating to the motion or other request for court action to which

the order pertains (Rule 20-201(j)). Therefore, if the motion (or other request for relief)

and order are contained in a form issued by the court, the order may be contained in the

same PDF as the motion or request, do not issue a deficiency notice.

13. Req uest for a Hearing: A request for a hearing or motion or other request may be

contained in the same PDF as the motion or request (Rule 2-311(f) and Rule 3-311(e)).

Therefore, where a request for a hearing is contained in the same PDF as a motion or

request for relief, do not issue a deficiency notice.

14. Mandatory Use of Approved Form (District Court Only): In the District Court, a submission

must be submitted on a form approved by the Chief Judge of the District Court. You must

use the current version of the form.

Signatures and Related Information

A signature must comply with the requirements of Rule 20-107(a)(1).

1. The following information, although not part of the signature, must appear below the

signature:

o the filer’s address;

o email address;

o telephone number; and

o if the filer is an attorney, the attorney number.

2. A signature must be in the form specified in Rule 20-101(t):

(t) Signature. Unless otherwise specified, “signature” means the signer's typewritten

name accompanied by a visual image of the signer's handwritten signature or by the

symbol /s/.

3. A signature under oath, affirmation, or with verification must be hand signed and scanned

or digitally affixed to the document (Rule 20-107(d)).

Strikings

Certificate of Service: If a pleading lacks a certificate of service, it will be stricken

(Rule 20 - 203(c)).

Rejections

1. Case Number/Related to Case: The filing must have the correct case number and must

relate to the case in which it was filed. If the clerk is unable to determine the correct case

number, the filing will be rejected. (Rule 20-203(a)(2)).

2. Confidential Information: If the filing is public but contains confidential information, it

must include a Notice Regarding Restricted Information (MDJ-008) and a redacted version

scanned separately (Rule 20-201.1 and Rule 20-201.1(c)).

o Multiple restricted/confidential pleadings: If the filing contains multiple

restricted or confidential pleadings, it must include Notice of Restricted

Information (MDJ-008) separately for each document (Rule 20-201.1).

3. Discovery Material: Discovery material filed through File & Serve will be rejected

(Rule 20-206), which provides that the MDEC system shall not accept the filing of the

discovery material itself. Discovery material may be submitted for service only.

4. Failure to Pay the Filing Fee for a Case Filing (Electronic and Paper Filings): ( Rule 20-

201(k)) and the Maryland Annotated Code, Courts and Judicial Proceedings Article, § 2 -

201(b) addresses this situation as follows:

Rejections

(b) Unless otherwise provided by law, a clerk is not required to record any paper filed with him or to

provide any person with a copy of a paper until the applicable charge has been paid.

5. Request for Court Seal: If filer desires that a submission otherwise accessible to the public

be sealed, that filer must either identify whether there is an order already in effect to seal

the submission or, if there is no such order, include a motion and proposed order to seal

the submission. If there is no such existing order or proposed order, the filing will be

rejected. (Rule 20-201.1(d)).