(a) Permitted. — Any deposition may be recorded by electronic audio or audio-video means without a stenographic record, but a party may cause a stenographic record of the deposition to be made at the party’s own expense. Except as otherwise provided by this Rule, the rules of this chapter apply to videotape and audiotape depositions.
Rule 2-416.Deposition — Audio and audio-video recordings
Circuit Court · Last amended July 1, 2024 · Last verified July 13, 2026
In one sentenceRule 2-416 lets any deposition be captured on audio or video instead of, or along with, a stenographic transcript, and sets the technical and procedural ground rules for doing it.
Full Text of Rule 2-416
(b) Deferral. — On motion of a party made prior to the deposition, the court may order that an electronic audio or audio-video deposition intended for use at trial be postponed or begun subject to being continued, on such terms as are just, if the court finds that the deposition is to be taken before the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent or other means, for cross- examination of the deponent.
(c) Physical arrangements. — The area to be used for recording testimony shall be suitable in size, have adequate lighting, and be reasonably quiet. The physical arrangements shall not be unduly suggestive or otherwise prejudicial.
(d) Operator. — The operator of the recording equipment shall be competent to set up, operate, and monitor the equipment in accordance with this Rule. The operator may be an employee of the attorney taking the deposition unless the operator is also the officer before whom the deposition is being taken.
(e) Operation of the equipment. — The operator shall not distort the appearance or demeanor of participants in the deposition by the use of camera or sound recording techniques.
(f) Procedure. — The deposition shall begin by the operator stating on camera or on the electronic audio or audio-video recording: (1) the operator's name and address, (2) the name and address of the operator's employer, (3) the date, time, and place of the deposition, (4) the caption of the case, (5) the name of the deponent, and (6) the name of the party giving notice of the deposition. The officer before whom the deposition is taken shall state the officer’s identity and swear the deponent on camera or on the electronic audio or audio-video recording. At the conclusion of the deposition, the operator shall state on camera or on the electronic audio or audio-video recording that the deposition is concluded. When more than one tape, disk or similar electronic data unit of recording is used, the operator shall announce the end of each unit and the beginning of the next unit of audio or audio-video recording. A deposition recorded under this subsection shall be timed by a clock or indicator that shall show on camera or on the recording whenever possible each hour, minute, and second of the deposition.
(g) Objections. — The officer shall keep a log of all objections made during the deposition and shall reference them to the time shown on the clock on camera or to the indicator on the audio or audio-video recording. Evidence objected to shall be taken subject to the objection. A party intending to offer a deposition recorded by audio or audio-video means in evidence shall notify the court and all parties in writing of that intent and of the parts of the deposition to be offered within sufficient time to allow for objections to be made and acted upon before the trial or hearing. Objections to all or part of the deposition shall be made in writing within sufficient time to allow for rulings on them and for editing of the electronic audio or audio-video recording before the trial or hearing. The court may permit further designations and objections as justice may require. In excluding objectionable testimony or comments or objections of counsel, the court may order that an edited copy of the electronic audio or audio-video recording be made or that the person playing the recording at trial suppress the objectionable portions of the recording. In no event, however, shall the original of the recording be affected by any editing process.
(h) Certification. — After the deposition has been taken, the officer shall review the electronic audio or video recording promptly and attach to it a certificate that the recording is a correct and complete record of the testimony given by the deponent.
(i) Custody. — The attorney for the party taking the deposition or any other person designated by the court or agreed to by the parties represented at the deposition shall take custody of the electronic audio or audio-video recording and be responsible for its safeguarding, permit its viewing or hearing by a party or the deponent, and provide a copy of the electronic audio-video recording or its audio portion or of the audiotape, upon the request and at the cost of a party or the deponent. An electronic audio or audio-video recording offered or admitted in evidence at a trial or hearing shall be marked and retained as an exhibit.
Amendment History
Amended Dec. 16, 1999, effective Jan. 1, 2000; December 7, 2015, effective January 1, 2016; March 1, 2024, effective July 1, 2024.
Committee Note & Source
Committee note. This section supplements Rule 2-415 (g).
Source. This Rule is derived from former Rule 410 with the exception of section (g), which is derived from former Rule 409 c 2 and 413 c.
Plain-English Summary
A party can record a deposition electronically, by audio or audio-video, without hiring a stenographer, though any party may still pay to have a stenographic record made alongside it. The rest of the deposition rules in this chapter apply the same way to a recorded deposition as to a stenographic one. If the deposition is meant for use at trial, a party can ask the court to postpone it, or start it but hold it open, when there hasn't been a fair opportunity to prepare for cross-examination. The rule also covers the practical side of recording: the room has to be a reasonable size, well lit, and quiet, without anything suggestive or prejudicial about the setup; the operator running the equipment has to know how to use it and can be the noticing attorney's employee (just not the same person serving as the deposition officer); and the recording can't distort how anyone looks or sounds.
Every recorded deposition follows a script: the operator states, on camera or on the recording, their name and employer, the date, time, and place, the case caption, the deponent's name, and who noticed the deposition; the officer identifies themselves and swears in the deponent on camera; and the operator announces when the deposition ends, plus the start and end of each new tape or storage unit along the way. A visible or audible clock should mark the time throughout, when possible. Objections get logged against that timestamp rather than interrupting the flow, and evidence objected to is taken subject to the objection. Before trial, a party who wants to play part of a recorded deposition has to give written notice of what will be offered, in time for objections to be raised and ruled on and for the recording to be edited if needed; the court can order editing or ask whoever plays the recording to skip over cut portions, but the original recording itself is never altered. After the deposition, the officer certifies that the recording is a complete and accurate record, and the noticing attorney (or someone else the parties or court designate) keeps custody of it, safeguards it, and provides copies on request and at cost.
Frequently Asked Questions
Do you need a court reporter to take a video deposition in Maryland?
No. Rule 2-416 lets any deposition be recorded by audio or audio-video means without a stenographic record. A party who still wants a written transcript can pay to have a stenographer there as well.
Can a video deposition be delayed if there hasn't been time to prepare?
Yes. On motion made before the deposition, a court can postpone it, or let it start but hold it open, if the moving party hasn't had an adequate chance to prepare for cross-examination.
Who can operate the recording equipment?
Anyone competent to run it, including an employee of the attorney who noticed the deposition. The one person who can't double as the operator is the officer administering the oath.
What has to be said on camera at the start and end of a video deposition?
The operator states their name, employer, the date, time, and place, the case caption, the deponent's name, and who noticed the deposition. The officer then identifies themselves and swears in the deponent on camera, and the operator announces the deposition's conclusion at the end, along with each change of recording unit along the way.
How do objections work during a recorded deposition?
The officer logs each objection against the time shown on the recording, and the testimony is taken subject to the objection rather than argued out in the moment. Written notice of intended trial use and any objections comes later, with enough lead time to rule on them and edit the recording before trial.
Who keeps the video after a recorded deposition is finished?
The attorney who took the deposition, or another person the court or parties designate, takes custody, safeguards the recording, and provides copies to a party or the deponent on request and at cost.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: video deposition rules marylandaudio deposition without stenographerrecording a depositionwho operates deposition recording equipmentobjections during video deposition