Md. R. Elec. Fil'g & Case Mgmt. 20-405

As amended through April 5, 2024
Rule 20-405 - Other Submissions
(a) Applicability. This Rule applies to a document filed in an appellate court that is not a brief, record extract, or appendix.
(b)Electronic Filing. Unless otherwise ordered by the Court, a submission by an attorney, a self-represented litigant who is a registered user, the Court, a judge of the Court, or a Clerk in an MDEC action shall be filed electronically.
(c)When Paper Copies Required From Persons Who File Electronically. An attorney or other registered user who files any of the following submissions electronically shall file copies of the submission in paper form only upon request of the Court:
(1) a petition for certiorari to the Supreme Court or a response to the petition;
(2) a petition to the Supreme Court for a writ of mandamus, a writ of prohibition, or other extraordinary relief or a response to the petition;
(3) a motion for reconsideration filed pursuant to Rule 8-605 or a response to the motion;
(4) in an attorney grievance matter, (A) exceptions filed in the Supreme Court pursuant to Rule 19-728 or a response to the exceptions, (B) recommendations concerning the appropriate disposition of a matter under Rule 19-740(c) or a response to the recommendations, (C) a petition filed in the Supreme Court under Rule 19-737, 19-738, 19-739(b), or 19-752 or a response to the petition, (D) an application filed in the Supreme Court pursuant to Rule 19-735(a) or a response to the application;
(5) in a matter reaching the Supreme Court from the Commission on Judicial Disabilities, (A) exceptions filed in the Supreme Court to the findings, conclusions, and recommendation of the Commission pursuant to Rule 18-437 or a response to the exceptions, or (B) an agreement to discipline by consent filed in the Supreme Court pursuant to Rule 18-436(c); or
(6) any other petition filed in the Supreme Court invoking the original jurisdiction of that Court or a response to the petition.
(d) Service of Submissions Filed Electronically.
(1) GenerallyExcept as provided in subsection (d)(2) of this Rule, service of an electronically filed submission shall be made in accordance with Rule 20-205(d).
(2) Prior to Docketing Before the clerk has docketed the action in which the filing is made, service shall be made:
(A) in accordance with Rule 1-321(a), coupled with service by electronic mail to counsel of record for all represented parties, unless the electronic service address is unknown and not identifiable through reasonable efforts;
(B) by electronic mail, with the recipient's consent; or
(C) if the filing relates to an action in which the parties may be served in accordance with Rule 20-205(d), by attaching the filing to a notice of service that the party files and serves electronically in the Appellate Court or a circuit court.

Committee note: The MDEC system does not allow a party to serve other parties electronically when opening a case in the appellate courts, such as when a party files a petition for certiorari. Electronic service under subsection (d)(1) of this Rule is available once the clerk has docketed the case.

(e)Persons Who Do Not File Electronically. A person who is not required to file electronically and files a document in paper form shall file and serve the number of paper copies required by Title 8 of these Rules.

Md. R. Elec. Fil'g & Case Mgmt. 20-405

This Rule is new.

Adopted May 1, 2013, eff. 7/1/2013. Amended eff. 11/7/2014; 6/6/2016, eff. 7/1/2016; 6/20/2017, eff. 8/1/2017; amended July 8, 2021, eff. 10/1/2021; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

2014 Orders

The November 4, 2014, order amended (c) to specify certain electronically filed submissions as to which eight paper copies also are required to be filed.

2016 Orders

The June 6, 2016, order revised internal references in the Rule.

2017 Orders

The June 20, 2017 order, changed the term "affected action to "MDEC action.