Md. Crim. Causes. 4-322

As amended through November 13, 2024

Rule 4-322 - [Effective 1/1/2025] Exhibits, Computer-Generated Evidence, 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 - Generally

Unless the court orders otherwise and except as provided in subsection (a)(3) of this Rule, 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, including any exhibits returned to the State's Attorney or law enforcement. Additionally, statutes may govern retention of certain evidence by the State. See, e.g., Code, Criminal Procedure Article, § 8-201, requiring the State to preserve scientific identification evidence.

Cross reference: See Rule 16-405 regarding filing and removal of papers and exhibits.

(3) District Court - Appeal Tried De Novo

In an action in District Court where an appeal would be tried de novo, exhibits shall be returned to the parties at the conclusion of the proceeding unless the court orders otherwise.

Cross reference: See Rule 7-102 (a) concerning appeals tried de novo.

(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 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 on appeal, and upon request present it to an appellate court in a format designated by the court.

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.

(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.

Md. Crim. Causes. 4-322

Adopted June 3, 1988, eff. 7/1/1988. Amended June 5, 1996, eff. 1/1/1997; 2/10/1998, eff. 7/1/1998; 9/10/2009, eff. 10/1/2009; 6/6/2016, eff. 7/1/2016; amended Oct. 15, 2024, eff. 1/1/2025.

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.