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Rule 2-804 – Conditions on Remote Electronic Participation

May 13, 2021 | Civil Prodcedure, Maryland

(a) Personal Appearance. If, at any time during a proceeding or conference in which a participant is participating by remote electronic participation under the Rules in this Chapter, the court determines that the personal appearance of the participant is necessary in order to avoid substantial prejudice to a party or unfairness of the proceeding, the court shall continue the matter and require the personal appearance.
(b) Standards.

(1)Generally. Except as otherwise provided by law or by subsection (b)(2) of this Rule, remote electronic participation shall not be permitted unless the process, including connections, software, and equipment, to be used comply with standards developed by the State Court Administrator and approved by the Chief Judge of the Court of Appeals pursuant to Rule 2-805.
(2)Exception. The court may excuse non-compliance with subsection (b)(1) of this Rule (A) with the consent of the parties, or (B) if it finds that the non-compliance will not cause substantial prejudice to the parties or adversely affect the fairness of the proceeding.
(c) Participation of Interpreters; Attorney-Client Communications. The process, including connections, software, and equipment, shall permit interpreters to perform their function and permit confidential communication between attorneys and their clients during the proceeding.

Cross reference: For provisions concerning the selection, appointment, and use of interpreters for court proceedings, including proceedings in which there is remote electronic participation, see Rule 1-333.

(d) Method of Remote Electronic Participation. If remote electronic participation is to be permitted in an evidentiary proceeding, the court, whenever feasible, shall give preference to requiring that the participation be by video conferencing rather than mere audio.
(e) Record. A full record of proceedings conducted, in whole or in part, by remote electronic means shall be made in accordance with Rule 16-503(a).
(f) Recording of Proceedings. A person may not record or download a recording of the proceedings except (1) as directed by the court for compliance with section (e) of this Rule, or (2) with the express consent of the court and all parties pursuant to the Rules in Title 16, Chapter 600 or Rule 16-208.

Committee note: Any remote location shall be considered to be governed by Rule 16-208.

(g) Public Access. If a proceeding that otherwise would be open to the public is conducted entirely by remote electronic means, the court shall ensure that members of the public shall have the ability to listen to the non-redactable portions of the proceeding during the course of the proceeding through remote electronic means.

Committee note: The ”non-redactable” portions of a proceeding are those portions of the proceeding that are not required to be safeguarded or redacted from an audio recording obtained by a member of the public in accordance with Rule 16-504(g) and (h). Each court may need to include in its case management plan a process to provide the public access to proceedings conducted through remote electronic participation.

Md. R. Civ. P. Cir. Ct. 2-804

This Rule is new.

Adopted April 9, 2018, eff. July 1, 2018; amended June 17, 2020, eff. July 1, 2020.

Committee note: Any remote location shall be considered to be governed by Rule 16-208.