IN THE COURT OF APPEALS OF MARYLAND

R U L E S O R D E R

This Court's Standing Committee on Rules of Practice and Procedure having submitted to the Court a Letter Report dated July 12, 2006 recommending adoption on an emergency basis of proposed amendments to Rules 16-1007 and 16-1009, all as set forth in that Report; and

This Court having considered at an open meeting, notice of which was posted as prescribed by law, all those proposed amendments and finding that an emergency exists with reference to the proposed rules changes, it is this 25th day of July, 2006,

ORDERED, by the Court of Appeals of Maryland, that amendments to Rules 16-1007 and 16-1009 be, and they are hereby, adopted in the form attached to this Order; and it is further

ORDERED that the rules changes hereby adopted by this Court shall govern the courts of this State and all parties and their attorneys in all actions and proceedings, and shall take effect and apply to all actions commenced on or after July 25, 2006, and insofar as practicable to all actions then pending; and it is further

ORDERED that a copy of this Order be published in the next issue of the Maryland Register.

/s/ Robert M. Bell

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Robert M. Bell

/s/ Irma S. Raker

_____________________________

Irma S. Raker

/s/ Alan M. Wilner

_____________________________

Alan M. Wilner

/s/ Dale R. Cathell

_____________________________

Dale R. Cathell

/s/ Glenn T. Harrell, Jr.

_____________________________

Glenn T. Harrell, Jr.

/s/ Lynne A. Battaglia

_____________________________

Lynne A. Battaglia

/s/ Clayton Greene, Jr.

_____________________________

Clayton Greene, Jr.

Filed: July 25, 2006

/s/ Alexander L. Cummings

____________________________

Clerk

Alexander L. Cummings

MARYLAND RULES OF PROCEDURE

TITLE 16 - COURTS, JUDGES, AND ATTORNEYS

CHAPTER 1000 - ACCESS TO COURT RECORDS

AMEND Rule 16-1007 to add a certain cross reference, as

follows:

Rule 16-1007. REQUIRED DENIAL OF INSPECTION - SPECIFIC

INFORMATION IN CASE RECORDS

Except as otherwise provided by law, the Rules in this Chapter, or court order, a custodian shall deny inspection of a case record or a part of a case record that would reveal:

(a) The name, address, telephone number, e-mail address, or place of employment of a person who reports the abuse of a vulnerable adult pursuant to Code, Family Law Article, §14-302.

(b) Except as provided in Code, State Government Article, §10-617 (e), the home address or telephone number of an employee of the State or a political subdivision of the State.

(c) Any part of the social security or Federal Identification Number of an individual, other than the last four digits.

(d) Information about a person who has received a copy of a sex offender's or sexual predator's registration statement.

Cross reference: See Rule 16-1009 (b)(2) concerning information shielded upon a request authorized by Code, Courts Article, Title 3, Subtitle 15 (peace orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence) and in criminal actions.

Source: This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 16 - COURTS, JUDGES, AND ATTORNEYS

CHAPTER 1000 - ACCESS TO COURT RECORDS

AMEND Rule 16-1009 to provide for certain shielding upon

request and to add a certain Committee note, as follows:

Rule 16-1009. COURT ORDER DENYING OR PERMITTING INSPECTION OF

CASE RECORD

. . .

(b) Shielding upon Motion or Request

(1) Preliminary Shielding Upon Motion

Upon the filing of a motion to seal or otherwise limit inspection of a case record pursuant to section (a) of this Rule, the custodian shall deny inspection of the case record for a period not to exceed five business days, including the day the motion is filed, in order to allow the court an opportunity to determine whether a temporary order should issue.

(2) Shielding upon Request

If a request to shield information in a case record is filed by or on behalf of a person entitled to request the shielding under Code, Courts Article, Title 3, Subtitle 15 (peace orders) or Code, Family Law Article, Title 4, Subtitle 5 (domestic violence), and the request is granted, or if a request to shield the address or telephone number of a victim, victim's representative, or witness is filed in a criminal action, and the request is granted, a custodian shall deny inspection of the shielded information. The shield remains in effect until terminated or modified by order of court. If the request is denied, the person seeking to shield information may file a motion under section (a) of this Rule.

Committee note: If a court or District Court Commissioner grants a request to shield information under subsection (b)(2) of this Rule, no adversary hearing is held unless a person seeking inspection of the shielded information files a motion under section (a) of this Rule.

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