What Maryland rule enables filing a notice of restricted information in a motion?

The governing rule is Maryland Rule 20-201.1, which permits and requires a Notice Regarding Restricted Information when a filing contains information that is not open to public inspection. For a motion to remove a parenting coordinator, however, the rule applies only if the motion actually contains information restricted by statute, rule, or court order; sensitive information alone does not automatically make the filing restricted.

Applicable Rule

“Rule 20-201.1 requires you to file a Notice of Restricted Information if your submission contains restricted information,” and generally requires both a redacted and an unredacted version.[1]

The relevant citation is Md. Rule 20-201.1. The Maryland Judiciary’s form is titled Notice Regarding Restricted Information Pursuant to Rule 20-201.1 (MDJ-008).[2]

Under Md. Rule 20-201.1, counsel should generally:

  1. File the Notice Regarding Restricted Information;
  2. File an unredacted version prominently identified as “unredacted—to be shielded”; and
  3. File a redacted version for public inspection.

Important Limitation

A motion’s discussion of children, custody disputes, mental-health concerns, medical information, or parenting-coordinator conduct does not, by itself, make the entire motion restricted. The specific information must fall within a statutory, rule-based, or court-ordered protection.

Potentially applicable categories on Form MDJ-008 include:

InformationAuthority identified on the form
Medical reports or correspondence from a health-care professionalMd. Rule 16-914(i)
Financial informationMd. Code, Gen. Provisions § 4-336
Parenting plans or joint statements filed under the family-law rulesMd. Rule 16-914(o)
Child-abuse or neglect agency recordsMd. Rule 16-914(d); Md. Code, Fam. Law §§ 5-707, 5-716; Md. Code, Hum. Servs. §§ 1-202, 1-203
A record already sealed or shielded by court orderMd. Rule 16-914(k)(1); Md. Rule 16-941

The form also recognizes that a document may be publicly inspectable while containing specific confidential information that must be redacted.[3]

If the Information Is Merely Sensitive

If the children’s information is highly sensitive but is not automatically restricted under Md. Rule 16-914 or another law, the appropriate vehicle is generally a motion to seal, shield, or otherwise limit inspection under Md. Rule 16-1009, not merely the filing of Form MDJ-008.

Under Md. Rule 16-1009, a party may move to limit inspection of a case record that is otherwise open. The court must determine whether a special and compelling reason supports restricting access. Filing the motion preliminarily prevents public inspection for up to five business days while the court considers temporary relief.[4]

Application to a Motion to Remove the Parenting Coordinator

For a motion under Md. Rule 9-205.2(j), the safer filing structure is:

  • Put the procedural allegations and non-sensitive facts in the publicly inspectable motion;
  • Refer generally to the children’s medical, psychological, educational, or therapeutic information where possible;
  • File the supporting records or detailed factual attachment as a restricted or separately sealed submission if the governing rule or statute applies;
  • Use Form MDJ-008 if the submission contains information expressly made confidential by law, rule, or court order; and
  • If no automatic restriction applies, file a motion under Md. Rule 16-1009 seeking to seal or limit inspection, supported by specific facts demonstrating the risk of harm to the children.

Because a parenting coordinator may have access to case records but not necessarily every confidential record, the access question should also be addressed under Md. Rule 9-205.2(i). That rule provides that when a case record is not open to public inspection, the court must determine whether the parenting coordinator may access it and specify any conditions.[5]

Bottom Line

The rule authorizing the Notice Regarding Restricted Information is Md. Rule 20-201.1. If the children’s information is automatically restricted, file MDJ-008 with redacted and unredacted versions. If the information is only sensitive and not automatically restricted, seek sealing or shielding under Md. Rule 16-1009, rather than relying on the notice alone.

Sources & References

  1. Restricted Information Form - Maryland Courts
  2. Notice Regarding Restricted Information Pursuant to Rule 20-201.1
  3. NOTICE TO REGISTERED USERS REGARDING RESTRICTED INFORMATION
  4. Shielding or Sealing a Case Record
  5. RULE 9-205.2. PARENTING COORDINATION

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