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RULE 16-504. ELECTRONIC RECORDING OF CIRCUIT COURT PROCEEDINGS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 500. Recording of Proceedings
MD Rules, Rule 16-504
RULE 16-504. ELECTRONIC RECORDING OF CIRCUIT COURT PROCEEDINGS
(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 Judge of the Court of Appeals.
(c) Court Reporters. Regulations and standards adopted by the Chief Judge of the Court of Appeals 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, which is otherwise effectively monitored, 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.
(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. If a portion of a proceeding involves placing on the record matters that, on motion, the court finds should and lawfully may be shielded from public access and inspection, the court shall direct that appropriate safeguards be placed on that portion of the recording. For audio and audio-video recordings, the clerk or other designee shall create a log listing the recording references for the beginning and end of the safeguarded portions of the recording.
(h) Right to Obtain Copy of Audio Recording.
(1) Generally. Except (A) for proceedings closed pursuant to law, (B) as otherwise provided in this Rule, or (C) as ordered by the court, the authorized custodian of an audio recording shall make a copy of the audio recording or, if practicable, the audio portion of an audio-video recording, available to any person upon written request and, unless waived by the court, upon payment of the reasonable costs of making the copy.
(2) Redacted Portions of Recording. Unless otherwise ordered by the County Administrative Judge, the custodian of the recording shall assure that all portions of the recording that the court has directed be safeguarded pursuant to section (g) of this Rule are redacted from any copy of a recording made for a person under subsection (h)(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 and subject to the conditions in section (h) of this Rule, the custodian shall make available to the following persons a copy of the audio recording or, if practicable, the audio portion of an audio-video recording of proceedings that were closed pursuant to law or from which safeguarded portions have not been redacted:
(A) the Chief Judge of the Court of Appeals;
(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) 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)(3) of this Rule; and
(I) any other person authorized by the County Administrative Judge.
(i) Right to Listen to and View Audio-video Recording.
(1) Generally. Except for proceedings closed pursuant to law or as otherwise provided in this Rule or ordered by the Court, the authorized custodian of an audio-video recording, upon written request from any person, shall permit the person to listen to and view the recording at a time and place designated by the court, under the supervision of the custodian or other designated court official or employee.
Committee note: If space is limited and there are multiple requests, the custodian may require several persons to listen to and view the recording at the same time or accommodate the requests in the order they were received.
(2) Safeguarded Portions of Recording. Unless otherwise ordered by the County Administrative Judge, the custodian of the recording shall assure that all portions of the recording that the court directed to be safeguarded pursuant to section (g) of this Rule are not available for listening or viewing. Access to the recording may be delayed for a period reasonably necessary to accomplish the safeguarding.
(3) Copying Prohibited. A person listening to and viewing the recording may not make a copy of it or have in his or her possession any device that, by itself or in combination with any other device, can make a copy. The custodian or other designated court official or employee shall take reasonable steps to enforce this prohibition, and any willful violation of the prohibition may be punished as a contempt.
(j) Right to Obtain Copy of Audio-video Recording.
(1) Who May Obtain Copy. Upon written request and subject to the conditions in this section, the custodian shall make available to the following persons a copy of the audio-video recording, including a recording of proceedings that were closed pursuant to law or from which safeguarded portions have not been redacted:
(A) the Chief Judge of the Court of Appeals;
(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) 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) if the recording is of a proceeding closed pursuant to law or from which safeguarded portions have not been redacted, the transcript, when filed with the court, shall be placed under seal or otherwise shielded by order of the 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 (j)(1) of this Rule;
(I) the Court of Appeals or the Court of Special Appeals pursuant to Rule 8-415 (c); and
(J) any other person authorized by the County Administrative Judge.
(2) Restrictions on Use. Unless authorized by an order of court, a person who receives a copy of an electronic recording under this section shall not:
(A) make or cause to be made any additional copy of the recording; or
(B) except for a non-sequestered witness or an agent, employee, or consultant of the party or attorney, give or electronically transmit the recording to any person not entitled to it under subsection (j)(1) of this Rule.
(3) Violation of Restriction on Use. A willful violation of subsection (j)(2) of this Rule may be punished as a contempt.
Cross reference: See Rule 16-505 (a) concerning regulations and standards applicable to court reporting in all courts of the State.
Source: This Rule is derived form former Rules 16-404, 16-405, and 16-406 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016.]
MD Rules, Rule 16-504, MD R CTS J AND ATTYS Rule 16-504
Current with amendments received through August 1, 2019.
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