RULE 16-502. IN DISTRICT COURT
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2024
Effective: January 1, 2024
MD Rules, Rule 16-502
RULE 16-502. IN DISTRICT COURT
(a) Proceedings to be Recorded. All trials, hearings, testimony, and other judicial proceedings before a District Court Judge held either in a courtroom or by remote electronic means shall be recorded verbatim in their entirety by a person authorized by the court to do so, except that, unless otherwise ordered by the court, the person responsible for recording need not report or separately record an audio or audio-video recording offered as evidence at a hearing or trial.
Committee note: Section (a) of this Rule does not apply to ADR proceedings conducted pursuant to Title 17, Chapter 300 of these Rules.
(2) As Authorized By Chief Judge. The Chief Judge of the District Court may authorize recording by additional means, including audio-video recording. Audio-video recording of a proceeding and access to an audio-video recording shall be in accordance with this Rule and Rules 16-503, 16-504, and 16-504.1.
(d) Filing of Recordings. Subject to section (c) of this Rule, audio recordings and any other recording authorized by the Chief Judge of the District Court shall be maintained by the court in accordance with the standards specified in an administrative order of the Chief Justice of the Supreme Court.
Cross reference: See Rule 16-505 (a) providing for an administrative order of the Chief Justice of the Supreme Court.
(e) Court Reporters and Persons Responsible for Recording Court Proceedings. Regulations and standards adopted by the Chief Justice of the Supreme Court pursuant to Rule 16-505 (a) apply with respect to court reporters and persons responsible for recording court proceedings employed in or designated by the District Court.
(f) Safeguarding Confidential Portions of Proceedings. 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. The clerk 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. The log shall be kept in the court file, and a copy of the log shall be kept with the recording.
(1) Generally. Except (A) for proceedings as to which Rule 16-914 (g) applies, (B) as otherwise provided in this Rule, or (C) as ordered by the court for good cause, the authorized custodian of an official audio recording shall make a copy of the audio recording available to any person upon written request and, unless waived by the court, upon payment of the reasonable costs of making the copy.
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.
(2) Redacted Portions of Recording. Unless otherwise ordered by the District Administrative Judge, the custodian of the recording shall assure that all portions of the recording that the court directed be safeguarded pursuant to section (f) of this Rule are redacted from any copy of a recording made for a person under subsection (g)(1) of this Rule. Delivery of the copy may be delayed for a period reasonably required to accomplish the redaction.
(3) Exceptions. 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 recording of a proceeding as to which Rule 16-914 (g) applies or a proceeding from which safeguarded portions have not been redacted:
(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 (g)(3) of this Rule; and
(4) Notice of Restricted Access. The custodian who provides a copy of a recording pursuant to subsection (g)(3) 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 public access is limited pursuant to section (f) of this Rule. 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 (g)(5) of this Rule are applicable.
(A) Generally. Except as provided in subsection (g)(5)(B) of this Rule or authorized by an order of court, a person who, under subsection (g)(3) 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 (f) of this Rule, shall not (i) make or cause to be made any additional copy of the shielded portion of the recording or (ii) play the shielded portion of the recording for or give or electronically transmit the shielded portion of the recording to any person not entitled to it under subsection (g)(3) of this Rule.
(B) Exceptions. A person who receives a copy of an electronic recording under subsection (g)(3) 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 and Bar Counsel, if they receive a copy of an electronic recording under subsection (g)(3) 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 (g)(5) of this Rule.
Credits
[Adopted June 6, 2016, eff. July 1, 2016. Amended June 17, 2020, eff. July 1, 2020; April 1, 2023, eff. July 1, 2023; Sept. 22, 2023, eff. Jan. 1, 2024.]
MD Rules, Rule 16-502, MD R CTS J AND ATTYS Rule 16-502
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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