(a) Definition—computer-generated evidence. — “Computer-generated evidence” means (1) a computer-generated aural, visual, or other sensory depiction of an event or thing and (2) a conclusion in aural, visual, or other sensory form formulated by a computer program or model. The term does not encompass photographs merely because they were taken by a camera that contains a computer; documents merely because they were generated on a word or text processor; business, personal, or other records or documents admissible under Rule 5-803 (b) merely because they were generated by computer; or summary evidence admissible under Rule 5-1006, spread sheets, or other documents merely presenting or graphically depicting data taken directly from business, public, or other records admissible under Rules 5-802.1 through 5-804.
Rule 2-504.3.Computer-generated evidence
Circuit Court · Last amended October 1, 2009 · Last verified July 13, 2026
In one sentenceRule 2-504.3 spells out the notice, disclosure, objection, and preservation steps a party must follow before using computer-generated animations, simulations, or computer-formulated conclusions at a Maryland trial.
Full Text of Rule 2-504.3
(b) Notice. —
(1) Except as provided in subsection (b) (2) of this Rule, any party who intends to use computer- generated evidence at trial for any purpose shall file a written notice within the time provided in the scheduling order or no later than 90 days before trial if there is no scheduling order that:
(A) contains a descriptive summary of the computer-generated evidence the party intends to use, including (i) a statement as to whether the computer-generated evidence intended to be used is in the category described in subsection (a) (1) or subsection (a) (2) of this Rule, (ii) a description of the subject matter of the computer-generated evidence, and (iii) a statement of what the computer- generated evidence purports to prove or illustrate; and
(B) is accompanied by a written undertaking that the party will take all steps necessary to (i) make available any equipment or other facility needed to present the evidence in court, (ii) preserve the computer-generated evidence and furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and (iii) comply with any request by an appellate court for presentation of the computer-generated evidence to that court.
(2) Any party who intends to use computer-generated evidence at trial for purposes of impeachment or rebuttal shall file, as soon as practicable, the notice required by subsection (b) (1) of this Rule, except that the notice is not required if computer-generated evidence prepared by or on behalf of a party- opponent will be used by a party only for impeachment of other evidence introduced by that party- opponent. In addition, the notice is not required if computer-generated evidence prepared by or on behalf of a party-opponent will be used only as a statement by a party-opponent admissible under Rule 5-803 (a).
(c) Required disclosure; additional discovery. — Within five days after service of a notice under section (b) of this Rule, the proponent shall make the computer-generated evidence available to any party. Notwithstanding any provision of the scheduling order to the contrary, the filing of a notice of intention to use computer-generated evidence entitles any other party to a reasonable period of time to discover any relevant information needed to oppose the use of the computer-generated evidence before the court holds the hearing provided for in section (e) of this Rule.
(d) Objection. — Not later than 60 days after service of a notice under section (b) of this Rule, a party may file any then-available objection that the party has to the use at trial of the computer-generated evidence and shall file any objection that is based upon an assertion that the computer-generated evidence does not meet the requirements of Rule 5-901 (b) (9). An objection based on the alleged failure to meet the requirements of Rule 5-901 (b) (9) is waived if not so filed, unless the court for good cause orders otherwise.
(e) Hearing and order. — If an objection is filed under section (d) of this Rule, the court shall hold a pretrial hearing on the objection. If the hearing is an evidentiary hearing, the court may appoint an expert to assist the court in ruling on the objection and may assess against one or more parties the reasonable fees and expenses of the expert. In ruling on the objection, the court may require modification of the computer- generated evidence and may impose conditions relating to its use at trial. The court’s ruling on the objection shall control the subsequent course of the action. If the court rules that the computer-generated evidence may be used at trial, when it is used, (1) any party may, but need not, present any admissible evidence that was presented at the hearing on the objection, and (2) the party objecting to the evidence is not required to re-state an objection made in writing or at the hearing in order to preserve that objection for appeal. If the court excludes or restricts the use of computer-generated evidence, the proponent need not make a subsequent offer of proof in order to preserve that ruling for appeal.
(f) Preservation of computer-generated evidence. — A party who offers or uses computer-generated evidence at any proceeding shall preserve the computer-generated evidence, furnish it to the clerk in a manner suitable for transmittal as a part of the record on appeal, and present the computer-generated evidence to an appellate court if the court so requests.
Amendment History
Added Feb. 10, 1998, effective July 1, 1998; amended Sept. 10, 2009, effective Oct. 1, 2009.
Committee Note & Source
Source. This Rule is new.
Plain-English Summary
The rule covers two kinds of computer-generated evidence: a computer-made depiction of an event or thing (an animation or simulation, for example) and a conclusion that a computer program or model produced. It carves out ordinary digital photos, word-processed documents, computer-stored business records, and summary evidence or spreadsheets that just present data pulled from admissible records — those don't count as "computer-generated evidence" merely because a computer was involved in making them.
A party who wants to use qualifying evidence at trial must give written notice describing it and promising to make any needed equipment available, preserve the evidence, and furnish it for the appellate record. That notice is due by the scheduling-order deadline, or 90 days before trial if there is no scheduling order; a party planning to use the evidence only for impeachment or rebuttal must still give notice as soon as practicable, with narrow exceptions. Once notice goes out, the proponent must make the evidence available within five days, and any other party gets a fair chance to investigate it before a hearing. Objections are due within 60 days of the notice, and an objection challenging the evidence's evidentiary foundation is waived if not raised by then absent good cause. If someone objects, the court holds a pretrial hearing — and may appoint and pay an expert to help it decide — before ruling on how, or whether, the evidence can be used at trial. Whoever offers or uses the evidence at any proceeding also has to keep it and hand it over for the appellate record if a reviewing court asks.
Frequently Asked Questions
What counts as computer-generated evidence under this rule?
Two categories: a computer-made depiction of an event or thing that a person can see, hear, or otherwise sense, and a conclusion formulated by a computer program or model. Ordinary photos, word-processed documents, computer-stored business records, and summaries or spreadsheets that just present data from admissible records fall outside the definition.
When must a party give notice it plans to use computer-generated evidence?
By the deadline in the scheduling order, or no later than 90 days before trial if there is no scheduling order. The notice must describe the evidence and commit the party to preserving it and making any needed equipment available.
What if a party only wants to use the evidence to impeach a witness?
Notice is still required, filed as soon as practicable, with two narrow exceptions: no notice is needed to impeach a party-opponent with that party-opponent's own computer-generated evidence, or to use it only as an admissible statement by a party-opponent.
What happens if no one objects to the notice?
The rule doesn't require a hearing unless a party files an objection within 60 days of the notice. Without a timely objection, an objection based on the evidence's evidentiary foundation is waived unless the court finds good cause to allow it later.
Does a party have to renew its objection at trial to preserve it for appeal?
No. Once the court rules on an objection filed under this rule, the objecting party doesn't need to restate the objection at trial, and a party whose evidence was excluded or restricted doesn't need to make a further offer of proof to preserve the issue for appeal.
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: Maryland computer-generated evidence rulenotice of computer animation at trial MarylandMd Rule 2-504.3digital simulation evidence notice Maryland