Rule 1-105 - Official Record Of Maryland Rules And Appellate Decisions(a)Applicability; Definitions. This Rule applies to decisions of the Supreme Court, the Appellate Court, or either of those Courts under their former names and to the Maryland Rules of Procedure. In this Rule, (1) "decision means an opinion or order of the Supreme Court, the Appellate Court, or either of those Courts under their former names,(2) "MDEC action has the meaning stated in Rule 20-101,and(3) the definitions in Code, State Government Article, § 10-1601 shall apply. Committee note: Code, State Government Article, §§ 10-1601 through 10-1611 deal with "legal material, which includes the Maryland Rules and reported decisions of the Supreme Court, the Appellate Court, or either of those Courts under their former names. The word "decision is not defined in the statute. In relevant part, the statute declares the Supreme Court to be the official publisher of the Maryland Rules and reported decisions of the two appellate courts. As such, the statute requires the court to determine whether the official record of those documents is to be the electronic version or the paper version of that legal material, and, if it determines the electronic version to be the official record, to assure the authenticity, preservation, and security of the documents. Because there should be no difference between what constitutes the official record of reported and unreported decisions, this Rule applies to both.
Cross reference: See Rule 8-605.1, concerning designation for reporting of opinions of the Appellate Court.
(b)Maryland Rules. The official record of the Maryland Rules is the paper record maintained by the Clerk of the Supreme Court pursuant to Rule 16-802. The paper or electronic version of a Rule posted on the Judiciary website or contained in a published codification of the Maryland Rules approved by the Supreme Court may be cited in accordance with Rule 1-103 as evidence of the text of the Rule. Committee note: The Maryland Rules of Procedure maintained by the Clerk of the Supreme Court consists of multiple bound volumes of the Rules Orders issued by the Court, together with the text of the Rules adopted in those Orders. They constitute the most authoritative version of the Rules, as adopted in those Orders. Those volumes do not constitute a code of the Rules, however, but are comparable to the Session Laws enacted by the General Assembly, and, where Rules have been amended or repealed, may not constitute a practical source for determining the current or former version of any particular Rule. That is why the text of a Rule as it appears on the Judiciary website or in published codified form approved by the Supreme Court may be cited as evidence of the Rule. In the event of any dispute regarding the accuracy of the online or codified version, the text of the Rule as it appears in the relevant Rules Order will prevail. Compare Code, Courts Article, § 10-201.
(c)Decisions(1)In a Non-MDEC ActionThe official record of a decision of the Supreme Court or the Appellate Court in a non-MDEC action is the paper slip opinion or order filed with the Clerk of that Court. The decision may be cited as provided in subsection (c)(3) of this Rule.
(2)In an MDEC Action(A) The official record of a decision of the Supreme Court or the Appellate Court in an MDEC action shall be the electronic record of the decision filed in the MDEC system.(B) Notwithstanding the provisions of Rule 20-301, prior to July 1, 2018, the official record of a decision of the Supreme Court or the Appellate Court shall be the paper slip opinion or order filed with the Clerk of that Court. Regardless of whether the official record of a decision in an MDEC action is in electronic or paper form, the decision may be cited as provided in subsection (c)(3) of this Rule. Cross reference: For the definition of "MDEC action, see Rule 20-101.
(3)Citation of Decisions(A) A decision as reported in the Maryland Reports or the Maryland Appellate Reports may be cited as evidence of the text of the decision. The citation shall state the name of the case, the year of the decision, and the volume and page number of the Maryland Reports or Maryland Appellate Reports in which the decision appears.(B) Subject to Rule 1-104, a decision that is published in any other commercial or governmental publication approved by the Supreme Court may be cited as evidence of the text of the decision, provided that, if the decision also has been reported in the Maryland Reports or Maryland Appellate Reports, the citation also shall contain the volume and page number of the Maryland Reports or Maryland Appellate Reports in which it appears.(C) Subject to Rule 1-104, if a decision is not, or has not yet been, reported in the Maryland Reports or the Maryland Appellate Reports, the decision may be cited as it appears on the Judiciary website. Cross reference: See Md. Constitution, Art. IV, § 16 and Code, Courts Article, §§ 13-201 through 13-204 regarding the reporting of appellate decisions.
Adopted April 9, 2018, eff. 7/1/2018;amended April 21, 2023, eff. 4/1/2023.