Rule 16-502 - [Effective 1/1/2025] In District Court(a) Proceedings to be Recorded.(1) Generally All trials, hearings, testimony, and other judicial proceedings before a District Court Judge held either in a courtroom or by remote electronic means shall be recorded verbatim in their entirety by a person authorized by the court to do so, except that, unless otherwise ordered by the court, the person responsible for recording need not report or separately record an audio or audio-video recording offered as evidence at a hearing or trial.
Committee note: Subsection (a)(1) of this Rule does not apply to ADR proceedings conducted pursuant to Title 17, Chapter 300 of these Rules.
(2) Court Interpreters If a proceeding involves an individual who needs an interpreter, only consecutive interpretation shall be subject to subsection (a)(1) of this Rule. To the extent that simultaneous interpretation is captured by the audio recording device provided by the court, it is not part of the record of the proceeding.
Cross reference: For definitions of "individual who needs an interpreter," "consecutive interpretation," and "simultaneous interpretation," see Rule 1-333 (a).
(b) Method of Recording.(1)Generally. Proceedings shall be recorded by an audio recording device provided by the court.(2)As Authorized By Chief Judge. The Chief Judge of the District Court may authorize recording by additional means, including audio-video recording. Audio-video recording of a proceeding and access to an audio-video recording shall be in accordance with this Rule and Rules 16-50316-504, and 16-504.1.(3)Official Recordings Except for extended coverage of court proceedings permitted under Title 16, Chapter 600 of these Rules, only official recordings of judicial proceedings in the District Court made in accordance with this Rule are permitted.(c) Control of and Direct Access to Electronic Recordings.(1)Under Control of District Court. Electronic recordings made pursuant to this Rule shall be under the control of the District Court.(2)Restricted Access or Possession. No person other than an authorized Court official or employee of the District Court may have direct access to or possession of an official electronic recording.(d) Filing of Recordings. Subject to section (c) of this Rule, audio recordings and any other recording authorized by the Chief Judge of the District Court shall be maintained by the court in accordance with the standards specified in an administrative order of the Chief Justice of the Supreme Court. Cross reference: See Rule 16-505(a) providing for an administrative order of the Chief Justice of the Supreme Court.
(e) Court Reporters and Persons Responsible for Recording Court Proceedings. Regulations and standards adopted by the Chief Justice of the Supreme Court pursuant to Rule 16-505(a) apply with respect to court reporters and persons responsible for recording court proceedings employed in or designated by the District Court.(f) Safeguarding Confidential Portions of Proceedings. The court shall direct that appropriate safeguards be placed on a specified portion of the recording if the court, on motion or on its own initiative, finds by clear and convincing evidence (1) that a compelling reason exists under the particular circumstances to shield the information in that part of the recording from public access and inspection and (2) that no substantial harm will result from the shielding. The clerk shall create a log in a form approved by the State Court Administrator listing the recording references for the beginning and end of the safeguarded portions of the recording. The log shall be kept in the court file, and a copy of the log shall be kept with the recording.(g) Right to Obtain Copy of Audio Recording.(1)Generally. Except (A) for proceedings as to which Rule 16-914 (g) applies, (B) as otherwise provided in this Rule, or (C) as ordered by the court for good cause, the authorized custodian of an official audio recording shall make a copy of the audio recording available to any person upon written request and, unless waived by the court, upon payment of the reasonable costs of making the copy. Committee note: Rule 16-914 (g) prohibits public access to transcripts and recordings of closed proceedings and proceedings in actions as to which all documentary case records are required to be shielded.
(2)Redacted Portions of Recording. Unless otherwise ordered by the District Administrative Judge, the custodian of the recording shall assure that all portions of the recording that the court directed be safeguarded pursuant to section (f) of this Rule are redacted from any copy of a recording made for a person under subsection (g)(1) of this Rule. Delivery of the copy may be delayed for a period reasonably required to accomplish the redaction.(3)Exceptions. Upon written request by any of the following persons and subject to the conditions in this Rule, the custodian shall make available to the requesting person a copy of the audio recording of a proceeding as to which Rule 16-914 (g) applies or a proceeding from which safeguarded portions have not been redacted: (A) the Chief Justice of the Supreme Court;(B) the Chief Judge of the District Court;(C) the District Administrative Judge having supervisory authority over the court;(D) the presiding judge in the case;(E) the Commission on Judicial Disabilities or, at its direction, Investigative Counsel;(G) unless otherwise ordered by the court, a party to the proceeding or the attorney for a party;(H) a stenographer or transcription service designated by the court for the purpose of preparing an official transcript of the proceeding, provided that (i) the transcript of unredacted safeguarded portions of a proceeding, when filed with the court, shall be placed under seal or otherwise shielded by order of court and (ii) no transcript of a proceeding closed pursuant to law or containing unredacted safeguarded portions shall be prepared for or delivered to any person not listed in subsection (g)(3) of this Rule; and(I) any other person authorized by the District Administrative Judge.(4)Notice of Restricted Access The custodian who provides a copy of a recording pursuant to subsection (g)(3) of this Rule shall mark or otherwise indicate whether the recording contains, in whole or in part, a proceeding as to which Rule 16-914 (g) applies or public access is limited pursuant to section (f) of this Rule. If the copy of the recording contains any such proceedings, the custodian shall specify each section of the recording as to which the restrictions set forth in subsection (g)(5) of this Rule are applicable.(5)Restrictions on Use by Authorized Persons(A)Generally Except as provided in subsection (g)(5)(B) of this Rule or authorized by an order of court, a person who, under subsection (g)(3) of this Rule, receives a copy of an electronic recording as to which all or a portion is subject to Rule 16-914 (g) or as to which public access is limited pursuant to section (f) of this Rule, shall not (i) make or cause to be made any additional copy of the shielded portion of the recording or (ii) play the shielded portion of the recording for or give or electronically transmit the shielded portion of the recording to any person not entitled to it under subsection (g)(3) of this Rule.(B)Exceptions A person who receives a copy of an electronic recording under subsection (g)(3) of this Rule may: (i) play the recording, including any shielded or redacted portions, for a person who is a non-sequestered witness in the hearing, trial, or judicial proceeding that is the subject of the electronic recording, or(ii) play the recording for or give or electronically transmit the recording, including any shielded or redacted portions, to an agent, employee, or consultant of the authorized person for use in connection with that person's official business duties. Investigative Counsel of the Commission on Judicial Disabilities and Bar Counsel, if they receive a copy of an electronic recording under subsection (g)(3) of this Rule, may play the recording for or give or electronically transmit the recording, including any shielded or redacted portions, to others in connection with the duties of those offices. A person permitted to listen to or electronically receive the shielded or redacted portions of the recording is subject to the restrictions on use in subsection (g)(5) of this Rule.(6)Violation of Restrictions on Use A willful violation of subsection (g)(5) of this Rule may be punished as a contempt. Source: This Rule is derived from former Rule 16-504 (2016). This Rule is derived from former Rule 16-504(2016).
Adopted June 6, 2016, eff. 7/1/2016; amended June 17, 2020, eff. 7/1/2020; amended April 21, 2023, eff. 7/1/2023; amended September 22, 2023, eff. 1/1/2024; amended Oct. 15, 2024, eff. 1/1/2025.