Where to Find Maryland Civil Court Records

Maryland Civil Courts handle disputes, and claims involving two or more parties within the jurisdiction of the state. Throughout the span of the litigation, Clerk of Courts keeps an account of filings, court transcripts, motions, depositions, interrogatories, etc. Together, the documents comprise what is known as Civil Court records. Interested members of the public may obtain these records from the natural custodian or on independent repositories like MarylandCourtRecords.us.

Are Maryland Civil Court Records Public?

Following the enactment of the Maryland Public Information Act, interested members of the public may obtain non-confidential civil court records from the natural custodian of the record. In most counties, these requests go to the Clerk of Courts Office in the local courthouse where the case was filed. However, the Clerk of Courts is legally bound from releasing civil court records that contain sensitive information or information on minors. Pursuant to this, only individuals involved in the litigation, their legal designees, court officials, and requesters with relevant court orders may access sealed records.

Types of Cases in Maryland Civil Courts

Generally, Maryland civil courts hear and settle non-criminal cases. These cases are typically disputes between two or more individuals, private and public entities. Unlike criminal cases, defendants do not face criminal charges or penalties. Instead, the court resolves civil cases by compelling the defendant to pay compensations and damages awarded to the plaintiff. Civil litigations may also be resolved in private out-of-court settlements. Most civil cases in Maryland involve:

• Libel actions
• Replevin actions
• Environmental regulations disputes
• Landlord-tenant disputes
• Debtor-creditor suits
• Tort
• Non-violent violations of civil rights based on race or sexual orientation
• Breach of contract
• Violation of intellectual property rights
• Violation of cyber laws and privacy rights
• Employer-employee disputes
• Real estate and boundary disputes
• Contract and property disputes
• Divorce and separation
• Child custody and child support
• Bankruptcy
• Small claims

What is the Difference Between Criminal Cases and Civil Cases in Maryland?

There are several differences between criminal and civil cases and both overlap in some cases. Essentially, both cases differ based on the nature of the offense and the punishment that the court imposes. The Maryland Criminal Law Code regards criminal cases as those involving offenses or acts that harmed or have the potential to harm another entity. In this case, the court imposes penalties such as jail time and/or fines on the guilty offender. On the other hand, civil cases involve non-violent disputes between individuals, businesses, or institutions regarding failed duties or obligations. In this case, the court compels the other party to fulfill an obligation or compensate the plaintiff for damages.

How Do I Find Civil Court Records In Maryland?

Under the Maryland Rules of Procedure, the Clerk of Courts creates, maintains, and disseminates civil court records at the local court where the case was filed and heard. Requesters must visit the clerk's office in person during business hours to obtain civil court records. Moreover, certain courts allow mail requests or online access remotely or at public terminals in the courthouse. Thus, the requester must visit the county's website to find out the options available.

Regardless of the means of access, a requester must possess all the relevant information needed to facilitate the record search. This includes the date of filing, personal information about the litigants, case number, docket number, etc.

Furthermore, requesters will be required to provide a government-issued photo-ID to access court records. Most courts require requesters to pay a small fee to facilitate the search and cover the costs of copying the documents. Besides, requesters who seek certified records may incur additional fees. In the same vein, requesters must provide a court order to access sealed court records.

How Do I Find Civil Court Records Online?

Generally, requesters may obtain Maryland Civil Court records online using the resources provided on the court's website. For example, the Baltimore County Circuit Court maintains an online daily docket accessible to the public. At the state level, the Maryland Judiciary is the central custodian of all Civil Court Records. Requesters may access court records by using the Maryland Judiciary case search portal. Also, third-party sites provide online access to court records. This is especially useful to find multiple court records in different local jurisdictions. However, under Rule 16-902 of the Maryland Rules of Procedure, the availability of information on online court records is not always guaranteed. Above all, access to sealed records is restricted without a court order. Such records include documents related to:

• Information about a minor
• Adoption
• Guardianship terminating parental rights
• Juvenile delinquency
• Cases related to Child in need of assistance (CINA)
• Certain information on marriage licenses
• Emergency mental health evaluations
• Income tax returns
• Financial statements filed during spousal or child support
• Social security number (except the last four digits)

What Is Included In a Maryland Civil Court Record?

The information on Civil Court records varies depending on the nature of the case, the litigants involved, the local jurisdiction, etc. However, a typical civil court record contains the following information:

• Personal information of the litigants
• Court summons
• Orders of notices
• Details of the complaint or claim
• Amendments to the complaint or claim
• Damages sought
• Injunctions
• Filings, affidavits, and evidence
• Court transcripts
• Depositions
• Interrogatories
• Final judgments, agreements, or settlements

How to Access Maryland Civil Court Records For Free

Requesters may access Civil Court Records on the Maryland Judiciary case search portal for free. Rule 16-902 of the Maryland Rules of Procedure allows the Clerk of Courts to waive the associated fee under certain circumstances. Also, some courts provide free access to court records maintained on public terminals at the Clerk's Office. Regardless, information on minors and witnesses or those sealed by court order is not available electronically. To access these records, the requester must present a court order to the official custodian of the record.

How to Seal Civil Court Records in Maryland

Under the Maryland Rules of Procedure, civil court records cannot be sealed. However, under Rule 16-912(a), eligible individuals may petition the presiding judge to seal or restrict access to the information contained in a court record. Generally, the petitioner must demonstrate a legitimate interest in keeping the documents confidential. Also, the presiding judge will weigh the basis of the petition against the right of public access to the record.

To seal a Civil Court record, the petitioner must download and complete a motion to seal. Then, the petitioner must file the motion with the Clerk of Courts where the case was heard. However, attorneys of the litigants, their legal designees, certain court officials, and government agencies retain access to sealed records. Members of the public and potential employers cannot access sealed court records without a court order.

How to Access Sealed Civil Court Records in Maryland

Unauthorized requests to access sealed civil court records will meet resistance from the record's custodian. Thus, the requester must petition the court to issue a court order or subpoena. The court will only grant the petition if the requester demonstrates specific legal interests and meets court requirements. While the record's custodian cannot give legal advice or be biased, they can provide the procedure for requesting a court order.