Rule 16-504.1 - PUBLIC ACCESS TO ELECTRONIC RECORDING OF CIRCUIT COURT PROCEEDINGS(a)Generally Except for proceedings as to which Rule 16-914 (g) applies, portions of proceedings safeguarded pursuant to Rule 16-504 (g), and portions of proceedings as to which the court has entered an order under section (b) of this Rule, the authorized custodian of an audio recording or audio-video recording made pursuant to Rule 16-504 shall: (1) make a copy of the audio recording or, if practicable, the audio portion of an audio-video recording available to any person upon written request and, unless waived by the court, upon payment of the reasonable costs of making the copy; and Committee note: Portions of a criminal proceeding redacted from a disseminated copy pursuant to section (b) of this Rule may be listened to pursuant to subsection (a)(2) of this Rule.
(2) upon written request from a person, permit the person to listen to the audio recording or, if available, listen to and view the audio-video recording at a time and place designated by the court, under the supervision of the custodian or other designated court official or employee. A person listening to or listening to and viewing the recording may not make a copy of it or have in the person's possession any device that, by itself or in combination with any other device, can make a copy. The custodian or other designated court official or employee shall take reasonable steps to enforce this prohibition. Committee note: If space is limited and there are multiple requests, the custodian may require several persons to listen to or listen to and view the recording at the same time or accommodate the requests in the order they were received.
Cross reference: See Rule 16-914 (g) pertaining to public access to transcripts and recordings of closed proceedings or proceedings in an action as to which all documentary case records are required to be shielded.
(b) Criminal Proceedings - Redaction from Disseminated Copy of Audio Recording (1)Motion; Findings; Order Regardless of whether a request for a copy of a recording of a criminal proceeding has been made pursuant to subsection (a)(1) of this Rule, on motion of a party or other interested person or on its own initiative, the court may order that a specified portion of a criminal proceeding be redacted from a copy of an audio recording subject to dissemination pursuant to subsection (a)(1) of this Rule if, by written order or on the record, the court makes a finding by clear and convincing evidence that (A) a compelling reason under the particular circumstances exists for the redaction and (B) no substantial harm will result from the redaction. The court shall specify the portion of the proceeding that is to be redacted, when the redaction requirement will expire, if ever, and the reason for the redaction, which may include:(i) the impact of the dissemination of the audio recording on the right of the defendant or the State to a fair trial if the redaction is not made;(ii) the age, mental condition, or medical condition of a witness whose testimony is sought to be redacted;(iii) the intimate nature of the testimony sought to be redacted;(iv) the likelihood of harm to a party, victim, or witness if the redaction is not made; or(2)Least Restrictive Means An order to redact a portion of a criminal proceeding from copies of the audio proceeding issued pursuant to subsection (b)(1) of this Rule shall be as narrow as practicable in scope and duration to effectuate the interest sought to be protected. Committee note: The duration of the redaction requirement may be for a specified time, such as until entry of judgment or other disposition in the case, or for an indefinite period.
(3)Procedure The clerk or other designee of the court shall create a log listing the recording references for the beginning and end of the portions of the recording as to which an order of redaction has been entered pursuant to subsection (b)(1) of this Rule. Unless the court orders otherwise, the testimony shall be redacted from all copies of the audio recording of the proceeding disseminated pursuant to subsection (a)(1) of this Rule, but shall not be redacted from the recording that a person may listen to or listen to and view pursuant to subsection (a)(2) of this Rule.(4)Reconsideration If, on motion of a party or other interested person, the court makes a finding that there has been a material change in circumstances and finds that the requirements of subsection (b)(1) of this Rule no longer are satisfied, the court shall modify or rescind an order issued under that subsection.(c)Duty of Custodian The custodian of a recording shall assure that (1) the copy of a recording disseminated pursuant to subsection (a)(1) of this Rule and (2) a recording listened to or listened to and viewed pursuant to subsection (a)(2) of this Rule comply with Rule 16-504 (g) and section (b) of this Rule, as applicable. Delivery of a copy of a recording or the ability to listen to or listen to and view the recording may be delayed for a period reasonably necessary to accomplish the required safeguarding or redaction.Md. R. Ct. Admin. 16-504.1
Source: This Rule is derived in part from former sections (h) and (i) of Rule 16-504 (2023) and is in part new.
Adopted September 22, 2023, eff. 1/1/2024.