MDEC Rules Overview

• Definitions for new terms are included in

20-101 • Definitions the electronic rules.

• MDEC Rules apply only to MDEC counties.

Rule will list county and dates effective.

• All new actions, submissions and filings

will be electronic.

• Existing Documents; Pending and

20-102 • Overall Rule Reopened will be scanned according to

policy developed by the Chief Judge of the

District Court and the SCA and approved

by the MDEC Major Projects Committee.

• Appellate courts will receive an electronic

record from the trial courts.

• The State Court Administrator is

20-103 • Administration of MDEC responsible for administering the system.

• Attorneys will register and file using their

attorney number.

• Attorneys who become disbarred,

suspended, placed on inactive status or

20-104 • User Registration decertified will no longer be allowed to e-file as an attorney. They will have to file

their withdrawal of appearance in paper

form.

• Judges; Judicial • Each person will be issued a user ID.

20-105 Appointees; Clerks;

Judicial Personnel

• E-filing for attorneys is mandatory.

• Judges use Taskmanager and Judge

Edition, and may use Odyssey.

• E-filing is optional for self-represented

litigants (SRLs). However, if they register

to e-file they must continue to e-file.

• If a party cannot file electronically due to

an unexpected event they can file in paper.

However, they must submit to the clerk an

affidavit describing the event that prevents

them from e-filing and stating when e-filing

capability will be restored.

• The Administrative Judge may permit, for

• When Electronic Filing

20-106 good cause and on a temporary basis, the

Required registered user to submit in paper.

• Exceptions to e-filing: oversized

documents which can’t be scanned,

documents offered in open court, physical

evidence.

PAPER SUBMISSIONS/DUTY OF CLERK

• Clerks shall immediately scan documents

submitted in paper.

• The clerk shall destroy a paper submission

after scanning and verifying the legibility.

• The SCA may approve procedures to return

certain types of documents.

• A signature in MDEC is the signer's

typewritten name accompanied by a visual

image of the signer's handwritten signature

or by the symbol /s/. Rule 20-101(t).

• When a submission is required to be

signed, in addition to the signature, it must

contain the filer's address, e-mail address,

20-101(t) and 20-107 • Signatures in MDEC and telephone number and, if the filer is an

attorney, the attorney’s Client Protection

Fund ID number.

• When a person is required to sign a

document under oath, affirmation, or with

verification, the signer shall hand-sign the

document and scan it. Exception: Landlord

Tenant Actions.

• Attorneys – may authorize someone in the

attorney’s office to file the signed

• Delegation of Authority to submission electronically on their behalf.

20-108 File • Judges – may authorize another staff

member to file a document on their behalf

after they have signed it.

• Parties to and attorneys of record in an MDEC action shall have

full access, including remote access, to all case records in that

action.

• Judges and judicial appointees shall have full access, including

• Access to Electronic

20-109 remote access, to judicial records to the extent that such access is

Records necessary to the performance of their official duties.

• Judicial Personnel and Clerks – will have full access from their

work stations.

• Remote public access will not change.

• Other than an original pleading that is served by original process,

each submission that is required to be served shall contain a

certificate of service signed by the filer. Rule 20-201(g)

• Restricted Information: Generally, a submission filed by a filer

shall not contain any restricted information. For exceptions, see

Rule 20-201(h)(2)

• Sealed submissions: 20-201(j)

• A proposed order shall be in an electronic text format specified by

• Requirements for the SCA and unless submitted on an official court form that

20-201 Electronic Filing contains an order in the body of the form filed as a separate

document.

• Multiple submissions filed together in an action must be submitted

as separate pleadings within the same electronic folder known as

an envelope.

• Filers entitled to electronic notification must provide service

contact information within their submission.

• Submissions must be accompanied by any required fee in the

absence of a waiver. See Rule 20-201(l)

• Effective Date of • Date received by the MDEC system, not the date accepted by the

20-202 Filing clerk.

• Clerk can correct errors of non-compliance that apply

to form and language of a proposed docket entry.

• STRIKING: a submission shall be stricken if it lacks a

required certificate of service.

• TO STRIKE, the clerk must:

• Accept the filing and then strike it.

• Enter a docket that submission was received and

stricken with reason

• DEFICIENCY NOTICE; If, upon review, the clerk

concludes that a submission is not subject to striking

but materially violates a provision of the Rules in Title

20 or an applicable published policy or procedure

established by the SCA, the clerk shall send to the filer

20-203 • Clerk Review with a copy to the other parties/their attorneys a

deficiency notice describing the nature of the violation.

• JUDICIAL REVIEW; STRIKING OF SUBMISSION. The

filer may file a request that the administrative judge,

or a judge designated by the administrative judge,

direct the clerk to withdraw the deficiency notice.

Unless (A) the judge issues such an order, or (B) the

deficiency is otherwise resolved within 14 days after

the notice was sent, upon notification by the clerk, the

court shall strike the submission.

• RESTRICTED INFORMATION: if found in a document

the document shall be shielded and a deficiency notice

sent. It remains shielded until deficiency is corrected.

• When a tangible item is filed, a registered

• Notice of Filing Tangible

20-204 user has 1 business day to file a “Notice of

Items Filing Tangible Item”.

• Original service of process remains the

same.

20-205 • Service • Subsequent service can be done

electronically if the party is a registered

user.

• Notice of Filing of

20-206 • E-service

Discovery Material

• The electronic record is the official record.

20-301 • Content of Official Record • A hyperlink to external items is not part of

the official record.

• It is the e-filer’s responsibility to maintain

all original documents and unredacted

20-302 • Duty to Retain Records documents until the case is concluded or for

such longer period of time that is requried

by court order or applicable law.

• Defines the Appellate rules.

• Mandatory e-filing for attorneys however, 8

copies of the brief, file extract or appendix

Chapter 400 • Appellate shall be filed in paper form.

• 2 paper copies will still need to be served to

each party.

• Notice of date and time when e-filing became

unavailable and when service is resumed will

be posted.

• Expiring time extended – If a court is

inaccessible under this rule for any portion of

the same day that the time for filing a

20-501 • MDEC System Outage submission expires, the time to file the

submission electroincially is automatically

extended until the first full day, other than

Saturday, Sunday or legal holiday, that the

system is able to accept electronic filings.

• Paper is accepted during this outage.

• The AOC will work with the US District Court

• Removal to and Remand

20-502 to determine whether an electronic transfer

from the US District Court protocol will be feasible.

• The State Court Admin. and the State

20-503 • Archival of Records Archivist will attempt to develop a plan

for transmitting electronic records.

This document is meant as a high level overview of the new Electronic Court rules, please read the rules in their

entirety for a complete understanding of the changes. 5/18/2020