Circuit Court · Last amended January 1, 2025 · Last verified July 13, 2026
In one sentenceSets out what becomes part of the trial record when exhibits, recordings, or transcripts of recordings are used at a hearing or trial, and who keeps custody of them.
(1)Formation of Record. — All exhibits marked for identification at a hearing or trial, whether or not offered in evidence and, if offered, whether or not admitted, shall form part of the record. With leave of court, a party may substitute a photograph or copy for any exhibit.
(2)Custody of Exhibits. — Unless the court orders otherwise, all exhibits described in subsection (a)(1) of this Rule shall remain in the custody of the clerk. If the court orders that the custodian of an exhibit be someone other than the clerk, the court shall: (A) state the identity of the custodian on the record; (B) instruct the custodian, until relieved of the responsibility by law or by court order, to secure the exhibit until final determination of the action, including all appellate proceedings, and retain the exhibit as required by Rule 16-405 and any statutory retention provisions; and (C) instruct the clerk to make a docket entry identifying the court-ordered custodian of the exhibit.
(1)Recording. — A party who offers or uses an audio, audiovisual, or video recording at a hearing or trial shall:
(A)ensure that the recording is marked for identification and made part of the record and that an additional copy is provided to the court;
(B)if only a portion of the recording is offered or used, ensure that a description that identifies the portion offered or used is made part of the record; and
(C)if the recording is not on a medium or in a format in common use by the general public, preserve it, furnish it to the clerk in a manner suitable for transmittal as part of the record, and upon request present it to an appellate court in a format designated by the court.
(2)Transcript of Recording. — A party who offers or uses a transcript of the recording at a hearing or trial shall ensure that the transcript is made part of the record.
Amendment History
Amended June 3, 1988, effective July 1, 1988; June 5, 1996, effective Jan. 1, 1997; amended Sept. 10, 2009, effective Oct. 1, 2009; amended March 9, 2010, effective July 1, 2010; June 6, 2016, effective July 1, 2016; October 15, 2024, effective January 1, 2025.
Committee Note & Source
Committee note. Exhibits that are pre-marked by a party or pre-filed at the direction of the court do not constitute part of the record prior to being marked or offered as provided in subsection (a)(1) of this Rule.
Committee note. The requirements of subsection (a)(2) of this Rule also apply to exhibits returned to the parties at the conclusion of a proceeding.
Cross references. See Rule 16-405 regarding filing and removal of papers and exhibits.
Committee note. A party may provide the court with a copy of a recording in a physical media format or in a digital media format using a digital storage platform approved by the State Court Administrator.
Cross references. See Rules 8-413 (a)(4) and 20-402 (a)(2) regarding inclusion of audio, audiovisual, and video recordings, including any digital media, in the record on appeal.
Cross references. For a schedule of retention and disposal of court records, see Rule 16- 205.
Source. This Rule is derived in part from former Rule 635 b and is in part new.
Plain-English Summary
Anything marked for identification at a hearing or trial becomes part of the record, whether or not it was ever offered in evidence and whether or not the court admitted it. A party who wants to swap in a photograph or copy of an exhibit needs the court's permission first. Once an exhibit is part of the record, the clerk holds it unless the judge names a different custodian. When the court does pick someone else, that person's identity goes on the record, the clerk logs it on the docket, and the custodian must secure the exhibit until the case (including any appeal) is fully resolved.
The rule gives separate treatment to audio, audiovisual, and video recordings offered or used at trial. The party relying on a recording has to mark it, get it into the record, and hand the court a copy. If only part of a recording matters, the party must put a description of that portion into the record. And if the recording isn't in a format the general public commonly uses, the party has to preserve it, deliver it to the clerk in a form suitable for transmittal, and produce it for an appellate court in whatever format that court specifies. A transcript of a recording used at a hearing or trial gets filed as part of the record too.
Frequently Asked Questions
Does an exhibit have to be admitted into evidence to become part of the record?
No. Rule 2-516 makes any exhibit marked for identification part of the record, regardless of whether it was offered and regardless of whether the court admitted it.
Who keeps custody of trial exhibits after the hearing?
The clerk does, unless the court orders a different custodian. If the court names someone else, that person's identity must go on the record, the clerk must docket it, and the custodian must secure the exhibit until the case and any appeal are fully resolved.
What has to happen with a video or audio recording used at trial?
The party offering it must mark it, make it part of the record, and give the court a copy. If the recording isn't in a common public format, the party must preserve it, furnish it to the clerk in a form suitable for the record, and produce it for an appellate court in the format that court requests.
What if only part of a recording is played at trial?
The party using the recording must make sure a description identifying the portion offered or used becomes part of the record.
Does a transcript of a recording need to be filed separately?
Yes. If a party offers or uses a transcript of a recording at a hearing or trial, that transcript must be made part of the record.
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 trial exhibits ruleexhibit custody maryland courtvideo recording evidence maryland trialaudio recording exhibit marylandwho keeps trial exhibits marylandtranscript of recording maryland ruleexhibits marked for identification