Md. R. Elec. Prac. in Judi. Proce. 21-201

As amended through November 13, 2024

Rule 21-201 - PERMISSIBLE REMOTE ELECTRONIC PARTICIPATION IN CIVIL PROCEEDINGS

(a) Proceedings Appropriate for Remote Electronic Participation

Subject to the conditions in this Title, any other reasonable conditions the court may impose in a particular proceeding, and the resolution of any objection made pursuant to section (b) of this Rule, a court, on motion or on its own initiative, may permit or require one, some, or all participants to participate by means of remote electronic participation in all or any part of the following types of civil proceedings:

(1) Non-jury uncontested or contested evidentiary or non-evidentiary proceedings;

(2) Scheduling, status, and pretrial conferences; and

(3) Virtual jury trials conducted pursuant to Rule 21-202.

(b) Objection by a Party

Upon objection by a party in writing or on the record, the court, in determining whether to require remote electronic participation, shall consider and make findings in writing or on the record regarding whether remote electronic participation would be likely to cause substantial prejudice to a party or adversely affect the fairness of the proceeding.

(c) Conditions of Remote Electronic Participation by Witness

Unless otherwise ordered by the court, conditions of remote electronic participation in civil proceedings shall include ensuring that a witness:

(1) is alone in a secure room when testifying, and, upon request, displays the surroundings to demonstrate compliance;

Committee note: Subsection (c)(1) of this Rule aims to mirror the separation between a witness and an attorney for the witness while the witness is providing testimony. This subsection does not prohibit remote electronic participation in a proceeding by an attorney for a witness. Nothing in this Rule shall preclude accommodations for a child witness or a witness who otherwise needs assistance when testifying.

(2) is not being coached in any way;

(3) is not referring to any documents, notes, or other materials while testifying, unless permitted by the court;

(4) is not exchanging text messages, e-mails, or in any way communicating with any third parties while testifying;

(5) is not recording the proceeding; and

(6) is not using any electronic devices other than a device necessary to facilitate the remote electronic participation.

Md. R. Elec. Prac. in Judi. Proce. 21-201

This Rule is derived in part from recommendations made in the March 9, 2022 Report of the Judicial Council's Joint Subcommittee on Post-COVID Judicial Operations and from former Rules 2-802, 2-803, and 2-806(2023), and is in part new.

Adopted April 21, 2023, eff. 7/1/2023.

Committee note: Section (c) of this Rule is not intended to limit any other reasonable conditions that the court may impose for remote electronic participation or to preclude the court from authorizing an accommodation under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. and Rule 1-332.

The Rules Committee endorses two caveats stated in the March 9, 2022 Report of the Judicial Council's Joint Subcommittee on Post-COVID Judicial Operations:

(1) Remote proceedings generally are not recommended when the finder of fact needs to assess the credibility of evidence but may be appropriate when the parties consent or the case needs to be heard on an expedited basis and remote proceedings will facilitate the participation of individuals who would have difficulty attending in person; and

(2) Where a judicial officer has discretion to hold or decline to hold a remote proceeding, the judicial officer should consider (i) the preference of the parties, (ii) whether the proceeding will involve contested evidence, (iii) whether the finder of fact will need to assess witness credibility, (iv) the availability of participants who will be affected by the decision, (v) possible coaching or intimidation of witnesses appearing remotely, (vi) access by witnesses to technology and connectivity that would allow participation, (vii) the length and complexity of the proceeding, (viii) the burden on the parties and the court, (ix) whether remote participation will cause substantial prejudice to a party or affect the fairness of the proceeding, and (x) any other factors the judicial officer considers relevant.

Cross reference: For provisions concerning testimony taken by telephone of a witness in a civil case in the District Court, see Rule 3-513.