RULE 16-502. IN DISTRICT COURT
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023 to December 31, 2023
Effective: July 1, 2023 to December 31, 2023
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, 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.
(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.
(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:
(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
[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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