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RULE 16-502. IN DISTRICT COURT

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023 to December 31, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 500. Recording of Proceedings
Effective: July 1, 2023 to December 31, 2023
MD Rules, Rule 16-502
RULE 16-502. IN DISTRICT COURT
Currentness
(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, 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.
(b) Method of Recording.
(1) Generally. Proceedings shall be recorded by an audio recording device provided by the court.
(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 and 16-504.
(c) Control of and Direct Access to Electronic Recordings.
(1) Under Control of District Court. Electronic recordings made pursuant to this Rule shall be under the control of the District Court.
(2) Restricted Access or Possession. No person other than an authorized Court official or employee of the District Court may have direct access to or possession of an official electronic recording.
(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. 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. The clerk shall create a log 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.
(g) Right to Obtain Copy of Audio Recording.
(1) Generally. Except (A) for proceedings closed pursuant to law, (B) as provided in Rule 16-914 (g), (C) as otherwise provided in this Rule, or (D) as ordered by the court, 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.
(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 and subject to the conditions in this Rule, the custodian shall make available to the following persons a copy of the audio recording of proceedings that were closed pursuant to law, that are subject to Rule 16-914 (g), or from which safeguarded portions have not been redacted:
(A) the Chief Judge of the Court of Appeals;
(B) the Chief Judge of the District Court;
(C) the District 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 (g)(3) of this Rule; and
(I) any other person authorized by the District Administrative Judge.
Source: This Rule is derived from former Rule 16-504 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended June 17, 2020, eff. July 1, 2020; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 16-502, MD R CTS J AND ATTYS Rule 16-502
Current with amendments received through October 1, 2023. Some sections may be more current, see credits for details.
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