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Rule 4-322 – Exhibits, Computer-Generated Evidence, and Recordings

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Generally. All exhibits marked for identification, whether or not offered in evidence and, if offered, whether or not admitted, shall form part of the record and, unless the court orders otherwise, shall remain in the custody of the clerk. With leave of court, a party may substitute a photograph or copy for any exhibit.

Cross reference: Rule 16-405.

(b) Preservation of Computer-Generated Evidence. A party who offers or uses computer-generated evidence at any proceeding shall preserve the computer-generated evidence, furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and present the computer-generated evidence to an appellate court if the court so requests.

Cross reference: For the definition of “computer-generated evidence, see Rule 2-504.3.

Committee note: This section requires the proponent of computer-generated evidence to reduce the computer-generated evidence to a medium that allows review on appeal. The medium used will depend upon the nature of the computer-generated evidence and the technology available for preservation of that computer-generated evidence. No special arrangements are needed for preservation of computer-generated evidence that is presented on paper or through spoken words. Ordinarily, the use of technology that is in common use by the general public at the time of the hearing or trial will suffice for preservation of other computer generated evidence. However, when the computer-generated evidence involves the creation of a three-dimensional image or is perceived through a sense other than sight or hearing, the proponent of the computer-generated evidence must make other arrangements for preservation of the computer-generated evidence and any subsequent presentation of it that may be required by an appellate court.

(c) Audio, Audiovisual, or Visual Recordings.

(1)Recording. A party who offers or uses an audio, audiovisual, or visual recording at a hearing or trial shall:

(A) ensure that the recording is marked for identification and made part of the record and that an additional copy is provided to the court, so that it is available for future transcription;
(B) if only a portion of the recording is offered or used, ensure that a description that identifies the portion offered or used is made part of the record; and
(C) if the recording is not on a medium in common use by the general public, preserve it, furnish it to the clerk in a manner suitable for transmittal as part of the record on appeal, and upon request present it to an appellate court in a format designated by the court.
(2)Transcript of Recording. A party who offers or uses a transcript of the recording at a hearing or trial shall ensure that the transcript is made part of the record and provide an additional copy to the court.

Md. Crim. Causes. 4-322

Adopted June 3, 1988, eff. July 1, 1988. Amended June 5, 1996, eff. Jan. 1, 1997; Feb. 10, 1998, eff. July 1, 1998; Sept. 10, 2009, eff. Oct. 1, 2009; June 6, 2016, eff. July 1, 2016.

HISTORICAL NOTES

2009 Orders

The September 10, 2009, order, in section (b), substituted “A party who offers or uses” for “The party offering”; in fourth sentence of the Committee note, deleted “standard VHS videotape or equivalent”; and added section (c).

2016 Orders

The June 6, 2016, order revised internal references in the Rule.

For a schedule of retention and disposal of court records, see Rule 16-205.