# Courts and Judicial Proceedings (GCJ)

## Title 2. Court Personnel

### Subtitle 2. General Duties of Clerk

#### Section 2-201

(a) The clerk of a court shall:

  (1) Have custody of the books, records, and papers of his office;

  (2) Make proper legible entries of all proceedings of the court and keep them in well-bound books or other permanent form;

  (3) When requested in writing to do so, record any paper filed with his office and required by law to be recorded in the appropriate place, whether or not the title to land is involved;

  (4) Unless prohibited by law or order of court, provide copies of records or papers in his custody to a person requesting a copy, under the seal of the court if required;

  (5) Issue all writs which may legally be issued from the court;

  (6) Deliver a full statement of the costs of a suit to a party requesting a copy;

  (7) Receive all books, documents, public letters, and packages sent to him pursuant to law, and carefully dispose of them as the law requires;

  (8) Administer an oath;

  (9) Replace worn books and records with new ones;

  (10) In conjunction with the Motor Vehicle Administrator, establish uniform procedures for reporting both traffic cases and criminal cases involving a motor vehicle in the circuit court to the Motor Vehicle Administration; and

  (11) Perform any other duty required by law or rule.

(b) Unless otherwise provided by law, a clerk is not required to record any paper filed with him or to provide any person with a copy of a paper until the applicable charge has been paid.

#### Section 2-202

(a) Subject to the approval of the Chief Justice of the Supreme Court of Maryland, a clerk may use appropriate equipment and systems to aid the clerk in the performance of his or her duties and may change the system of indexing records in his or her office to a more modern and efficient system.

(b) The cost of office expenses and necessary equipment used by a clerk to perform the clerk's duties shall be as provided in the budget.

#### Section 2-203

Unless otherwise provided by law or order of court, any person may, without charge, inspect, examine, and make memoranda or notes from an index or paper filed with the clerk of a court.

#### Section 2-204

The office of every clerk of court shall be open to the public for the transaction of business of the court from at least Monday through Friday of each week. Each clerk's office shall be open during the hours and on the additional days prescribed by the judge exercising the functions of administrative judge.

The office shall not be open on legal holidays unless otherwise prescribed by the judge.

#### Section 2-205

(a) The clerk of a circuit court or the chief clerk of the District Court, under rules and regulations promulgated by the Supreme Court of Maryland, may authorize the destruction of pleadings, papers, and files in his custody which, because of their character, serve no useful purpose in being retained.

(b) Before any pleadings, papers, or files are destroyed, the proposed destruction shall be approved in writing by the judge exercising the functions of administrative judge in the county in the case of circuit court records or the Chief Judge of the District Court in the case of District Court records, and the records shall be disposed of in accordance with Title 10, Subtitle 6, Part III of the State Government Article.

#### Section 2-206

(a) In cooperation with the clerks of the courts, the Attorney General may:

  (1) Prepare basic instructional materials to assist the public in the procedure and preparation of forms for proceedings that involve child custody, visitation, and support; and

  (2) Review the instructional materials on a regular basis and revise them as necessary.

(b) Notwithstanding any provision of the Maryland Rules or Title 10 of the Business Occupations and Professions Article, the clerks of the courts and designated employees of the clerks of the courts may provide the materials described in subsection (a) of this section to the public.

#### Section 2-207

(a) For purposes of this section, "person in interest" has the meaning stated in Sec. 4-101(g) of the General Provisions Article.

(b) The clerk of the circuit court of each county shall keep a book or electronic record and record and index in the book or electronic record the discharge papers of any person who:

  (1) At any time has served in the uniformed services of the United States; and

  (2) Presents the discharge papers of the person for recording.

(c) A clerk may not charge a fee for recording or indexing discharge papers.

(d) The record kept by the clerk, or a certified copy of the record, is admissible in evidence in any court in the State.

(e)

  (1) A clerk shall deny inspection of the book or electronic record, and the record and index in the book or electronic record, described in this section except:

    (i) To a party in a civil, administrative, or criminal proceeding in a federal or state court or government agency, or the party's attorney, who presents evidence satisfactory to the clerk that the inspection is related to admitting the record or a certified copy of the record in evidence in the proceeding;

    (ii) To a person in interest;

    (iii) In accordance with a subpoena or court order; or

    (iv)

      (1) If the request for inspection is made at least 70 years after the discharge papers were presented for recording; and

      (2) If the clerk has redacted the Social Security number of the person in interest from any portion of the book or electronic record.

  (2) A clerk may provide a certified copy of a record described in this section only:

    (i) To a party in a civil, administrative, or criminal proceeding in a federal or state court or government agency, or the party's attorney, who presents evidence satisfactory to the clerk that the certified copy is for the purpose of admission in evidence in the proceeding;

    (ii) To a person in interest;

    (iii) In accordance with a subpoena or court order; or

    (iv) To a relative of the person who is the subject of the discharge papers, if the request for a certified copy is made at least 70 years after the discharge papers were presented for recording.

#### Section 2-208

(a) This section applies to all licenses issued by the clerk of a circuit court other than those issued under Title 17 of the Business Regulation Article.

(b) Before the first of May of each year, the clerk of a circuit court shall coordinate with the Comptroller regarding the issuance of licenses by the clerk on behalf of the Comptroller.

#### Section 2-209

(a) This section applies to all licenses issued by the clerk of a circuit court other than those issued under Title 17 of the Business Regulation Article.

(b) Before the clerk of a circuit court may issue a license or permit to an employer to engage in an activity in which the employer may employ a covered employee, as defined in Sec. 9-101 of the Labor and Employment Article, the employer shall file with the clerk:

  (1) A certificate of compliance with the Maryland Workers' Compensation Act; or

  (2) The number of a workers' compensation insurance policy or binder.

#### Section 2-210

(a) This section applies to all licenses issued by the clerk of a circuit court other than those issued under Title 17 of the Business Regulation Article.

(b) The clerk of a circuit court shall coordinate with the Comptroller regarding:

  (1) The number of licenses issued of each grade and kind;

  (2) The date each license was issued;

  (3) The amount of money received for each license;

  (4) The person to whom each license was issued; and

  (5) The number, grade, and description of all blank licenses remaining.

#### Section 2-211

After the Governor issues a civil commission for an appointee and delivers the commission to the clerk of a circuit court, the appointee shall contact the clerk to coordinate a time and place for the clerk to administer the appointee's oath of office and present the commission.

#### Section 2-212

(a) The clerk of a circuit court shall regularly report to the Secretary of State the name and office of each officer who has taken, before the clerk, the oath required by the Constitution or another law.

(b)

  (1) On request of any person, the clerk of a circuit court shall give a certificate, under the seal of the clerk's office, of the qualification of any public officer:

    (i) Who has taken the oath of office before the clerk; or

    (ii) Whose oath of office is recorded in the clerk's office.

  (2) The clerk shall charge $1 for issuing a certificate under seal of the qualifications of any public official, including justices of the peace and notaries public.

#### Section 2-213

(a) Except as otherwise provided in this section, the clerk of a circuit court is entitled to 5% of all public money that the clerk receives, collects, and pays over.

(b) The Clerk of the Circuit Court for Anne Arundel County is entitled to receive:

  (1) 3% of the amount collected for the tax applicable to instruments recorded with the Clerk under Title 12 of the Tax - Property Article; and

  (2) 5% of all other public money that the Clerk receives, collects, and pays over.

(c) The Clerk of the Circuit Court for Baltimore City is entitled to receive:

  (1)

    (2) 5% of the amount collected from the tax applicable to instruments recorded with the Clerk under Title 12 of the Tax - Property Article; and

  (2) 5% of all other public money that the Clerk receives, collects, and pays over.

(d) The Clerk of the Circuit Court for Baltimore County is entitled to receive:

  (1) 3% of the amount collected from the tax applicable to instruments recorded with the Clerk under Title 12 of the Tax - Property Article; and

  (2) 5% of all other public money that the Clerk receives, collects, and pays over.

(e)

  (1) Notwithstanding subsection (a) of this section, the Clerk of the Circuit Court for Charles County shall:

    (i) Deduct from collection fees for the tax collected under Title 12 of the Tax - Property Article the cost of two-thirds of the salaries and benefits of the court reporters for the Circuit Court of Charles County; and

    (ii) Pay the amount deducted to the Charles County Treasurer.

  (2) The Clerk shall make the payment promptly after receipt of a voucher from the Charles County Treasurer stating the amount of the salaries and benefits paid to the court reporters.

(f) The Clerk of the Circuit Court for Harford County is entitled to:

  (1) 3% of the amount collected from the tax applicable to instruments recorded with the Clerk under Title 12 of the Tax - Property Article; and

  (2) 5% of all other public money that the Clerk receives, collects, and pays over.

(g) The Clerk of the Circuit Court for Montgomery County is entitled to 3% of all public money that the Clerk receives, collects, and pays over.

(h) Notwithstanding subsection (a) of this section, the Clerk of the Circuit Court for St. Mary's County is not entitled to a collection fee for collecting the county transfer tax under Chapter 138 of the Public Local Laws of St. Mary's County when the Clerk collects both the recordation tax under Title 12 of the Tax - Property Article and the county transfer tax for the filing of a single instrument.

(i) Notwithstanding subsection (a) of this section, the Clerk of the Circuit Court for Washington County is not entitled to a collection fee for collecting the county transfer tax under Sec. 2-702 of the Public Local Laws of Washington County when the Clerk collects both the recordation tax under Title 12 of the Tax - Property Article and the county transfer tax for the filing of a single instrument.

#### Section 2-214

A clerk of a circuit court shall make available to the public information about registering with the State donor registry. 

#### Section 2-215

The clerk of the court shall prominently post the National Human Trafficking Resource Center Hotline information sign described in Sec. 15-207 of the Business Regulation Article in public information areas of each courthouse.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)