Md. R. Rev. Ct. App. & Spec. App. 8-413
Committee note: Exhibits that are audio, audiovisual, or video recordings may be stored and accessed using a digital storage platform approved by the State Court Administrator. Absent any dispute as to the authenticity or accuracy of the file, the file stored on the approved digital storage platform is considered the original for the purposes of this Rule.
A party who offers or uses an audio, audiovisual, or video recording in a format not in common use by the general public is required to provide the recording to the clerk in a medium and format suitable for transmittal as part of the record. See Rule 2-516 (b) and Rule 4-322 (c) pertaining to the use of a recording at a hearing or trial.
The clerk of the lower court shall append a certificate clearly identifying:
Cross reference: See Rules 2-516, 3-516, and 4-322 regarding custody of exhibits.
The lower court may order that the original papers in the action be kept in the lower court pending the appeal, in which case the clerk of the lower court shall transmit only a certified copy of the original papers. Original exhibits shall be retained pursuant to Rule 16-405 or as otherwise ordered by the court. The clerk of the lower court shall transmit an original exhibit to the appellate court upon request by the appellate court.
The lower court, by order, shall resolve any dispute whether the record accurately discloses what occurred in the lower court, and shall cause the record to conform to its decision. The lower court also shall correct or modify the record if directed by an appellate court pursuant to Rule 8-414(b)(2).
If the parties agree that the questions presented by an appeal can be determined without an examination of all the pleadings and evidence, they may sign and, upon approval by the lower court, file a statement showing how the questions arose and were decided, and setting forth only those facts or allegations that are essential to a decision of the questions. The statement, the judgment from which the appeal is taken, and any opinion of the lower court shall constitute the record on appeal. The appellant shall reproduce the statement in the appellant's brief, either in lieu of the statement of facts or as an appendix to the brief.
The appellate court may direct the lower court clerk to transmit all or part of the balance of the record in the lower court as a supplement to the record on appeal.
The clerk shall prepare and attach to the beginning of the record a cover page, a complete table of contents, and the certified copy of the docket entries in the lower court. The original papers shall be fastened together in one or more binders and numbered consecutively, except that the pages of a transcript of testimony need not be renumbered.
The clerk shall also prepare and transmit with the record a statement of the cost of preparing and certifying the record, the costs taxed against each party prior to the transmission of the record, and the cost of all transcripts and of copies, if any, of the transcripts for each of the parties.
The clerk shall serve a copy of the docket entries on each party.
Md. R. Rev. Ct. App. & Spec. App. 8-413
This Rule is derived in part from former Rule 1026 and Rule 826 and is in part new.
HISTORICAL NOTES
2009 Orders
The September 10, 2009, order, added a cross reference.
2015 Orders
The September 17, 2015, order, amended (a) to conform to a proposed amendment to Rule 8-414.
See Code, Criminal Procedure Article, § 11-104(f)(2) for victim notification procedures.