Md. Rule 16-933 (2026)

(a) Generally.

(1) Right to File --Requester. If a custodian or SCA denies a request for inspection of a judicial record or for the creation of a new judicial record, fails to respond to such a request within the time allowed by these Rules for a response, or proposes to charge a fee for the inspection or creation of judicial records that the requester believes is inappropriate, the requester may file a complaint for declaratory and injunctive relief pursuant to the Maryland Declaratory Judgment Act.

(2) Right to File--Custodian or SCA. A custodian or SCA may file a complaint for declaratory and injunctive relief pursuant to the Maryland Declaratory Judgment Act alleging that a request for inspection of a judicial record or pattern of requests is frivolous, vexatious, or in bad faith.

(3) Waiver of Court Costs. Court costs for the action shall be waived.

(4) Exhaustion of Administrative Remedies Not Required. Failure to seek administrative review under Rule 16-932 shall not be grounds to dismiss the action.

(b) Where Filed; Service. The complaint shall be filed in the circuit court for the county in which the custodian is employed and shall be served on the custodian or requester in accordance with Rule 2-121.

(c) Response. The custodian or requester shall file a response within 30 days after service of the complaint and summons.

(d) Expedited Treatment. The court shall schedule a hearing promptly, if one is requested, and give expedited treatment to the action.

(e) Burden.

(1) Complaint Filed by Requester. For a complaint filed pursuant to subsection (a)(1) of this Rule, the custodian or SCA shall have the burden of (A) sustaining the decision that the custodian or SCA made to deny inspection or production of the requested information or judicial record, or to delay a decision on the request, and (B) justifying the proposed fee, if that is in dispute.

(2) Complaint Filed by Custodian or SCA. For a complaint filed pursuant to subsection (a)(2) of this Rule, the custodian or SCA shall have the burden of demonstrating that a request or pattern of requests is frivolous, vexatious, or in bad faith.

(f) In Camera Inspection. The court may direct the custodian to produce a copy of the judicial record at issue for in camera inspection to determine whether the record or any part of it may be withheld pursuant to these Rules.

(g) Order.

(1) Complaint Filed by Requester. For a complaint filed pursuant to subsection (a)(1) of this Rule, if the court finds that the requester has a right to inspect all or any of the record or to have a new judicial record created, it shall enter an order (A) directing the custodian to produce or create the record or the part of the record subject to inspection for inspection by the requester within a specified time, and (B) if in issue, determine the appropriate fee for producing or creating the record. Otherwise, the court shall dismiss the complaint.

(2) Complaint Filed by Custodian or SCA. For a complaint filed pursuant to subsection (a)(2) of this Rule, if the court finds that the custodian or SCA has met the burden of proof set forth in subsection (e)(2) of this Rule, the court shall enter an order granting appropriate relief. Otherwise, the court shall dismiss the complaint.

(3) Enforcement. Willful disobedience of an order issued under this Rule may be enforced by contempt. No money damages or attorneys' fees may be awarded to any party.

Source: This Rule is in part derived from former Rule 16-914 (2019) and is in part new.

Credits

[Adopted June 29, 2020, eff. Aug. 1, 2020. Amended June 27, 2025, eff. Oct. 1, 2025.]