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Rule 2-516 – Exhibits and Recordings

May 13, 2021 | Civil 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) 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.

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

Md. R. Civ. P. Cir. Ct. 2-516

Adopted April 6, 1984, eff. July 1, 1984. Amended June 3, 1988, eff. July 1, 1988; June 5, 1996, eff. Jan. 1, 1997; Sept. 10, 2009, eff. Oct. 1, 2009; March 9, 2010, eff. July 1, 2010; June 6, 2016, eff. July 1, 2016.

HISTORICAL NOTES

2009 Orders

The September 10, 2009, order, rewrote the rule, which previously read:

“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 16-306.

“Source: This Rule is derived from former Rule 635 b.

2010 Orders

The March 9, 2010, order made technical corrections to the rule.

2016 Orders

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