Md. R. Elec. Prac. in Judi. Proce. 21-104
If, at any time during a proceeding or conference in which a participant is participating by remote electronic participation under the Rules in this Title, 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 a personal appearance.
Except as otherwise provided by subsection (b) (2) of this Rule or by other law, remote electronic participation shall not be permitted unless the process, including connections, software, and equipment, complies with standards developed by the State Court Administrator and approved by the Chief Justice of the Supreme Court pursuant to section (h) of this Rule.
The court may excuse non-compliance with subsection (b)(1) of this Rule with the consent of the parties or if it finds that the non-compliance will not cause substantial prejudice to any of the parties or adversely affect the fairness of the proceeding.
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.
If remote electronic participation is to be permitted in an evidentiary proceeding, the court, whenever feasible, shall require that the participation be by video conferencing rather than mere audio.
A record of proceedings under Chapter 200 or 300 of this Title, whether conducted in whole or in part by remote electronic means, shall be made in accordance with the applicable provisions of the Rules in Title 16, Chapter 500.
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.
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 16-502(f) and (g) or Rule 16-504(g) and (h). Each court should establish a process to provide the public access to proceedings conducted through remote electronic participation.
The State Court Administrator shall develop and present to the Chief Justice of the Supreme Court for approval standards and requirements for the process, connections, software, and equipment for remote electronic participation in judicial proceedings.
The standards for remote electronic participation shall include the following:
Md. R. Elec. Prac. in Judi. Proce. 21-104
This Rule is derived in part from former Rules 2-804 and 2-805(2023), and is in part new.