Md. R. Ct. Admin. 16-903
In this Chapter, the following definitions apply except as otherwise expressly provided or as necessary implication requires:
"Access" means the right to inspect, search, or obtain a copy of a judicial record. "Access" and "Inspection" are used interchangeably.
Cross reference: For courthouse computer terminals or kiosks available for use by the public, see Rule 16-918(c).
"Remote access" means the ability to inspect, search, or obtain a copy of a judicial record by electronic means from a device not under the control of the Maryland Judiciary.
Remote access to information in case records means access through the CaseSearch program operated by the Administrative Office of the Courts or through the MDEC System established by the Supreme Court. Access to electronic case records through a terminal or kiosk located in a courthouse of the District Court, a circuit court, or an appellate court of this State and made available by the court for public access does not constitute remote access.
Cross reference: See Title 20 of the Maryland Rules.
Committee note: CaseSearch does not provide access to a complete record but only selected elements or information in a case record.
Remote access to electronic estate and probate records maintained by an Orphans' Court or a Register of Wills means access through the Register of Wills ROWNET program.
Cross reference: See Rule 16-911(f) precluding the inspection of the kinds of records included in subsections (b)(1)(G) and (K) of this Rule.
"Clerk" means the clerk of a Maryland court and includes (1) deputy and assistant clerks authorized to act for the clerk with respect to inspection requests, and (2) a register of wills when acting as the custodian of a judicial record filed with or created by the register or the orphans' court.
"Court" means the Supreme Court of Maryland, the Appellate Court of Maryland, a circuit court of Maryland, the District Court of Maryland, and an orphans' court of Maryland.
Subject to subsection (3) of this section, "Custodian," with respect to a judicial record, means:
Committee note: The objectives of subsection (g)(3) are efficiency in locating the judicial record and uniformity in determining whether there are any impediments to allowing inspection of the record or records of that kind. It is not intended to supplant the ability of the clerks or other custodians to accept and deal with requests for case records, notice records, license records, or local administrative records that easily may be located and present no issues of access as to which a uniform policy is desirable. This approach is not inconsistent with the PIA. Code, General Provisions Article, § 4-101(d) defines "custodian" as the "official custodian," defined in § 4-101(f), and "any other authorized individual who has physical custody and control of a public record."
"Individual" means a human being.
"Judicial agency" means a unit within the Judicial Branch of the Maryland Government other than a special judicial unit. Judicial agency includes an orphans' court and a register of wills.
"Judicial record" means a record that is the original or copy of any documentary material that:
"Judicial work product" has its common law meaning. It includes (1) documents, notes, and memoranda prepared by a judge or other Judicial Branch personnel at the request of a judge or other judicial official, (2) documents created or maintained as part of a judge's or judicial official's deliberative process, and (3) research, requests for information, and communications by or on behalf of a judge or other judicial official, and responses thereto, intended for use in the preparation of a decision, order, recommendation, opinion, or other judicial action or pronouncement.
Committee note: Judicial personnel sometimes may send or receive by e-mail or other electronic means information that was not intended to constitute a judicial record and would not constitute judicial work product. Upon an inspection request, the custodian of such records will need to determine whether a particular communication falls within the definition of judicial record and, if so, judicial work product.
"License record" means a judicial record of a business license or a marriage license issued by the clerk of a circuit court pursuant to statute.
Cross reference: For business licenses issued by the clerk, see Code, Business Regulation Article, Titles 16, 16.5, and 17. For marriage licenses issued by the clerk, see Code, Family Law Article, Title 2, subtitles 4 and 5.
"Notice record" means a record that is filed with the clerk of a court pursuant to statute for the principal purpose of giving public notice of the record. It includes deeds, mortgages, and other documents filed among the land records; financing statements filed pursuant to Code, Commercial Law Article, Title 9; and tax and other liens filed pursuant to statute.
"Person" means an individual, sole proprietorship, partnership, firm, association, corporation, or other entity.
"PIA" means the Maryland Public Information Act (Code, General Provisions Article, Title 4).
"Special Judicial Unit" means (1) the State Board of Law Examiners, the Accommodations Review Committee, and character committees; (2) the Attorney Grievance Commission and Bar Counsel; (3) the Commission on Judicial Disabilities, the Judicial Inquiry Board, and Investigative Counsel; and (4) the Client Protection Fund.
"SCA" means the State Court Administrator.
Cross reference: See Rule 16-111 regarding the authority and duties of the State Court Administrator.
Md. R. Ct. Admin. 16-903
This Rule is derived from former Rule 16-902(2019).