Rule 2-516. Exhibits and Recordings

(a) Generally

(1) Formation of Record All exhibits marked for identification at a hearing or trial, whether or not offered in evidence and, if offered, whether or not admitted, shall form part of the record. With leave of court, a party may substitute a photograph or copy for any exhibit.

Committee note: Exhibits that are pre-marked by a party or pre-filed at the direction of the court do not constitute part of the record prior to being marked or offered as provided in subsection (a)(1) of this Rule.

(2) Custody of Exhibits Unless the court orders otherwise, all exhibits described in subsection (a)(1) of this Rule shall remain in the custody of the clerk. If the court orders that the custodian of an exhibit be someone other than the clerk, the court shall: (A) state the identity of the custodian on the record; (B) instruct the custodian, until relieved of the responsibility by law or by court order, to secure the exhibit until final determination of the action, including all appellate proceedings, and retain the exhibit as required by Rule 16-405 and any statutory retention provisions; and (C) instruct the clerk to make a docket entry identifying the court-ordered custodian of the exhibit.

Committee note: The requirements of subsection (a)(2) of this Rule also apply to exhibits returned to the parties at the conclusion of a proceeding.

(b) Audio, Audiovisual, or Video Recordings

(1) Recording A party who offers or uses an audio, audiovisual, or video 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;

Committee note: A party may provide the court with a copy of a recording in a physical media format or in a digital media format using a digital storage platform approved by the State Court Administrator.

(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 or in a format 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, 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.

Committee Notes

Cross reference: See Rule 16-405 regarding filing and removal of papers and exhibits. Cross reference: For a schedule of retention and disposal of court records, see Rule 16-205. Source: This Rule is derived in part from former Rule 635 b and is in part new. Cross reference: See Rules 8-413 (a)(4) and 20-402 (a)(2) regarding inclusion of audio, audiovisual, and video recordings, including any digital media, in the record on appeal.