Rule 16-405 - Filing and Removal of Papers(a) Applicability; Other Rules.(1)Generally. This Rule applies to the filing in a circuit court of items filed in paper form and to tangible exhibits. Items filed in electronic form shall be handled by the clerk in accordance with the Rules governing electronic filing and the maintenance of electronic records.(2)Other Rules. This Rule is subject to Rules governing the sealing or shielding of court records or information contained in court records.(b) Flat Filing. Papers received by the clerk for filing shall be filed flat in an appropriate folder.(c) Docket Entries. Each case file shall include a copy of the docket entries pertaining to that case.(d) Exhibits Filed with Pleadings. Unless not practicable, the clerk shall file exhibits with the papers the exhibits accompany. If that is not practicable, the clerk shall file exhibits by any other convenient and practicable method.(e) Removal of Papers and Exhibits.(1)Papers and Exhibits Filed with the Clerk. A paper or exhibit filed with the clerk in an action may not be removed from the clerk's office, except:(A) by direction of a judge of the court;(B) upon signing a receipt, by an attorney of record in the case for the purpose of presenting the paper or exhibit to the court;(C) upon signing a receipt, by an auditor, magistrate, or examiner or examiner-magistrate in connection with the performance of the official duties of the signer; or(D) pursuant to the Rules in Title 20.(2)Exhibits Offered During Trial.(A) Exhibits that are introduced in evidence or marked for identification during the trial of an action and that had not previously been filed with the clerk shall be retained by the clerk or other person designated by the court.(B) Except as otherwise required by law, upon the entry of judgment in the case and after the time for appeal has expired, or, if an appeal has been taken, the clerk has received a mandate issued by the final appellate court to consider a direct appeal from the judgment and the time for seeking any possible further review has expired, the clerk shall send written notice to all counsel of record and to each self-represented party advising that if no request to withdraw the exhibits is received within 30 days from the date of the notice, the exhibits will be disposed of. Unless (i) a request is received by the clerk within 30 days after the date of notice, (ii) the court within that period orders otherwise, or (iii) destruction of the exhibits at that time is precluded by law, the clerk shall dispose of the exhibits in any appropriate manner, including destruction.Committee note: Some statutes require that certain evidence be retained. See, for example, Code, Criminal Procedure Article, § 8-201, requiring the State to preserve scientific identification evidence.
(f) Record of Removed Papers. Whenever a court file or any paper contained in it is removed from the clerk's office pursuant to this Rule, the clerk shall maintain an appropriate record of its location. If the file or papers are removed from the courthouse, the clerk shall make a notation on the docket of the removal and return of the item. This Rule is derived from former Rule 16-306(2016).
Adopted June 6, 2016, eff. 7/1/2016; amended April 21, 2023, eff. 7/1/2023; amended March 1, 2024, eff. 7/1/2024.