MDEC Rule 20-106(d)(5) Notice

NOTICE AS REQUIRED BY RULE 20-106(d)(5) REGARDING PROCESSING PAPER SUBMISSIONS AND

DESTRUCTION OF PAPER SUBMISSIONS AFTER SCANNING

Rule 20-106(d)(5) provides that the State Court Administrator must notify the public regarding

destruction of paper filings that have been scanned into the MDEC system. This notice is to notify the

public of the requirements for receiving and processing paper submissions, the destruction of paper

submissions and the procedures for handling paper submissions when there is a duty of the filer to

maintain the original.

1. Procedure for the Receipt of Paper Submissions: If a paper submission is permitted to be filed

other than in open court, the clerk will review the submission.

a. The review will include a determination that:

i. the submission is properly signed (Rule 20-201(d)),

ii. the submission includes a certificate of service for those persons entitled to

service (Rule 20-201(g)),

iii. where restricted information is filed, the filer has complied with the

requirements of Rule 20-201(h)(2),

iv. the submission is accompanied by the appropriate fee. (Rule 20-201(l)).

b. If the submission is in compliance, the clerk will scan it into the MDEC system, verify that

the electronic version is legible, and docket the submission. (Rule 20-106(d)(2(A)).

c. If the submission is not in compliance, the clerk will decline to scan it and promptly notify

the filer that the submission was rejected and the reason for the rejection. (Rule

20106(d)(2)(A)).

d. If a submission is in paper form and it is required to be filed electronically, the clerk may

not scan the submission and will notify the filer that the submission was rejected. (Rule

20-106(d)(2)(B)).

2. Destruction of Paper Submissions: Subject to the provisions of Rule 20-106(d)(4)1 and (e)(2) 2,

the clerk may destroy a paper submission after scanning and verifying the legibility of the

electronic version. The clerks are strongly encouraged to destroy paper submissions in this

category as soon as practicable. Rule 20-106(d)(3).

3. Paper Submissions Where There is a Duty to Retain the Document in its Original Form: If the

filer has a duty to retain a paper submission in its original form under Rule 20-3023, a copy

should be filed and the original document should be retained by the filer as required by law. The

clerk may destroy the copy of such document as described in paragraph 2, above. If it is

necessary to file the original document, the filer should identify the document and notify the

clerk in writing at the time of filing that the original should not be destroyed. Unless the county

The State Court Administrator may approve procedures for the identification and return of documents that must

be preserved in their original form.

Documents that must be preserved in their original form (20-106(d)(4); Exhibits and other documents offered in

open court that must be returned (20-106(e)(2).

Affidavits or other submissions required to be under oath, original wills and codicils, property instruments that

have been or are subject to being recorded, and original public records that contain an official seal.

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Notice As Required by Rule 20-106(d)(5)

or district administrative judge orders a longer time, the documents will be available for

retrieval no earlier than 30 days from the date of filing and shall be retrieved by the filer within

60 days after the date of filing. Any documents that are not retrieved within this time will be

destroyed.

4. Exhibits and Other Documents Filed in Open Court: When possible, the clerk will scan exhibits

and other documents received in open court into the MDEC system. Such documents shall be

returned to the party who offered the document at the conclusion of the proceeding, unless the

court orders otherwise. If immediate scanning is not feasible, the clerk will notify the person

who offered the document when and where the document may be retrieved and provide a date,

on or after which, the document may be destroyed if not retrieved. Absent such notice, the

documents will be available for retrieval no earlier than 30 days after the date of filing and may

be retrieved by the filer within 60 days after the date of filing. Any documents that are not

retrieved will be destroyed. (Rule 20-106(e)).

5. Documents Converted to Electronic Form in Certain MDEC Counties Prior to Issuance of this

Notice (September 28, 2016): The procedures described in this notice will also apply to

documents described in Rule 20-102(a) filed in Anne Arundel County, Caroline County, Cecil

County, Kent County, Queen Anne’s County, and Talbot County which were converted to

electronic form prior to the issuance of this notice. However, such paper copies of the converted

documents will not be returned or destroyed until the clerk determines that such documents

are of the type that may be returned or destroyed and verifies that the electronic version is

legible and accurate. The clerk will consult with the county or district administrative judge to

determine whether destruction is appropriate. Otherwise, the paper documents filed prior to

September 28, 2016, but not converted to electronic form, will be kept and disposed of in

accordance with the applicable paper retention schedules.