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RULE 16-504. ELECTRONIC RECORDING OF CIRCUIT COURT PROCEEDINGS

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 500. Recording of Proceedings
Effective: January 1, 2024
MD Rules, Rule 16-504
RULE 16-504. ELECTRONIC RECORDING OF CIRCUIT COURT PROCEEDINGS
Currentness
(a) Control of and Direct Access to Electronic Recordings.
(1) Under Control of Court. Electronic recordings made pursuant to Rule 16-503 and this Rule are under the control of the court.
(2) Restricted Access or Possession. No person other than a duly authorized official or employee of the circuit court shall have direct access to or possession of an official electronic recording.
(b) Filing of Recordings. Audio and audio-video recordings shall be maintained by the court in accordance with standards specified in an administrative order of the Chief Justice of the Supreme Court.
(c) Court Reporters. Regulations and standards adopted by the Chief Justice of the Supreme Court under Rule 16-505 (a) apply with respect to court reporters employed in or designated by a circuit court.
(d) Presence of Court Reporters Not Necessary. Unless otherwise ordered by the court with the approval of the administrative judge, if circuit court proceedings are recorded by audio or audio-video recording that otherwise is monitored effectively, a court reporter need not be present in the courtroom.
(e) Identification Label. Whenever proceedings are recorded by electronic audio or audio-video means, the clerk or other designee of the court shall affix to each electronic audio or audio-video recording a label containing the following information:
(1) the name of the court;
(2) the docket reference of each proceeding included on the recording;
(3) the date on which each proceeding was recorded; and
(4) any other identifying letters, marks, or numbers necessary to identify each proceeding recorded.
(f) Information Required to be Kept.
(1) Duty to Keep. The clerk or other designee of the court shall keep the following items:
(A) a proceeding log identifying (i) each proceeding recorded on an audio or audio-video recording, (ii) the time the proceeding commenced, (iii) the time of each recess, and (iv) the time the proceeding concluded;
(B) an exhibit list;
(C) a testimonial log listing (i) the recording references for the beginning and end of each witness's testimony and (ii) each portion of the audio or audio-video recording that has been safeguarded pursuant to section (g) of this Rule or redacted pursuant to Rule 16-504.1. The log shall specify whether the safeguarding is a shielding pursuant to section (g) of this Rule or a redaction from a disseminated copy pursuant to Rule 16-504.1.
(2) Location of Exhibit List and Logs. The exhibit list shall be kept in the court file. The proceeding and testimonial logs shall be kept with the audio or audio-video recording.
(g) Safeguarding Confidential Portions of Proceeding. The court shall direct that appropriate safeguards be placed on a specified portion of the recording if the court, on motion or on its own initiative, finds by clear and convincing evidence (1) that a compelling reason exists under the particular circumstances to shield the information in that part of the recording from public access and inspection and (2) that no substantial harm will result from the shielding. For audio and audio-video recordings, the clerk or other designee of the court shall create a log in a form approved by the State Court Administrator listing the recording references for the beginning and end of the safeguarded portions of the recording.
(h) Access to Recordings by Authorized Persons.
(1) Permitted Access. Upon written request by any of the following persons and subject to the conditions in this Rule, the custodian shall make available to the requesting person a copy of the audio or, if available, the audio-video recording of a proceeding, including a recording of a proceeding as to which Rule 16-914 (g) applies and including each portion of the recording as to which public access is limited pursuant to section (g) of this Rule or Rule 16-504.1 (b):
(A) the Chief Justice of the Supreme Court;
(B) the County Administrative Judge;
(C) the Circuit Administrative Judge having supervisory authority over the court;
(D) the presiding judge in the case;
(E) the Commission on Judicial Disabilities or, at its direction, Investigative Counsel;
(F) Bar Counsel;
(G) with respect to audio recordings or the audio portion of an audio-video recording, unless otherwise ordered by the court, a party to the proceeding or the attorney for a party;
(H) a stenographer or transcription service designated by the court for the purpose of preparing an official transcript of the proceeding, provided that (i) the transcript of unredacted safeguarded portions of a proceeding, when filed with the court, shall be placed under seal or otherwise shielded by order of court, and (ii) no transcript of a proceeding closed pursuant to law or containing unredacted safeguarded portions shall be prepared for or delivered to any person not listed in subsection (h)(1) of this Rule;
(I) any other person authorized by the County Administrative Judge; and
(J) with respect to audio-video recordings, the Supreme Court or the Appellate Court pursuant to Rule 8-415 (c).
Committee note: With leave of court and for good cause shown, where the video portion of a recording viewed pursuant to Rule 16-504.1 (a)(2) contains information of evidentiary value not available on a transcript or audio recording, nothing in this subsection would prohibit the video portion of a recording that is in the custody of the court from being introduced into evidence at a hearing, trial, or other judicial proceeding. This note does not pertain to the replaying of a video recording that has not been admitted into evidence during a party's closing argument in a judicial proceeding. As appropriate and necessary, the presiding judicial officer shall facilitate obtaining from the custodian access to that portion of the recording to be admitted into evidence. The recording itself shall remain in the custody of the official custodian and a copy shall be included in the record.
(2) Notice of Restricted Access. The custodian who provides a copy of a recording pursuant to subsection (h)(1) of this Rule shall mark or otherwise indicate whether the recording contains, in whole or in part, a proceeding as to which Rule 16-914 (g) applies or a proceeding as to which public access is limited pursuant to section (g) of this Rule or Rule 16-504.1 (b). If the copy of the recording contains any such proceedings, the custodian shall specify each section of the recording as to which the restrictions set forth in subsection (h)(3) of this Rule are applicable.
Committee note: Rule 16-914 (g) prohibits public access to transcripts and recordings of closed proceedings and proceedings in actions as to which all documentary case records are required to be shielded.
(3) Restrictions on Use by Authorized Persons
(A) Generally. Except as provided in subsection (h)(3)(B) of this Rule or authorized by an order of court, a person who, under section (h) of this Rule, receives a copy of an electronic recording as to which all or a portion is subject to Rule 16-914 (g) or as to which public access is limited pursuant to section (g) of this Rule or Rule 16-504.1 (b), shall not (i) make or cause to be made any additional copy of the shielded or redacted portion of the recording or (ii) play the shielded or redacted portion of the recording for or give or electronically transmit the shielded or redacted portion of the recording to any person not entitled to it under subsection (h)(1) of this Rule.
(B) Exceptions. A person who receives a copy of an electronic recording under section (h) of this Rule may: (i) play the recording, including any shielded or redacted portions, for a person who is a non-sequestered witness in the hearing, trial, or judicial proceeding that is the subject of the electronic recording, or (ii) play the recording for or give or electronically transmit the recording, including any shielded or redacted portions, to an agent, employee, or consultant of the authorized person for use in connection with that person's official business duties. Investigative Counsel of the Commission on Judicial Disabilities or Bar Counsel, if they receive a copy of an electronic recording under section (h) of this Rule, may play the recording for or give or electronically transmit the recording, including any shielded or redacted portions, to others in connection with the duties of those offices. A person permitted to listen to or electronically receive the shielded or redacted portions of the recording is subject to the restrictions on use in subsection (h)(3)(A) of this Rule.
(4) Violation of Restriction on Use. A willful violation of any restriction on use of an electronic recording set forth in section (h) of this Rule may be punished as a contempt.
Source: This Rule is derived from former Rules 16-404, 16- 405, and 16-406 (2016) and is in part new.

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended April 1, 2023, eff. July 1, 2023; Sept. 22, 2023, eff. Jan. 1, 2024.]
MD Rules, Rule 16-504, MD R CTS J AND ATTYS Rule 16-504
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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