(a) Generally. — 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.
Rule 3-516.Exhibits
District Court · Last amended January 1, 2025 · Last verified July 13, 2026
In one sentenceRule 3-516 decides which exhibits become part of the trial record and who keeps them afterward, depending on whether an appeal from the case would be de novo or on the record.
Full Text of Rule 3-516
(b) If appeal is de novo. — In an action where an appeal would be tried de novo, exhibits shall be returned to the parties at the conclusion of the proceeding unless the court orders otherwise. Cross references. — See Rule 7-102 (a) concerning appeals tried de novo.
(c) If appeal is on the record. — In an action where an appeal would be heard on the record made in the District Court, all exhibits described in section (a) of this Rule shall remain in the custody of the District Court clerk unless the court orders otherwise. If the court orders that the custodian of an exhibit be someone other than the clerk, the court shall: (1) state the identity of the custodian on the record; (2) 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 (3) instruct the clerk to make a docket entry identifying the court-ordered custodian of the exhibit.
Amendment History
Amended 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 section (a) of this Rule.
Source. This Rule is derived from former Rule 635 b.
Plain-English Summary
Not every exhibit that gets marked at trial ends up admitted, but this rule treats them the same for record-keeping purposes: every exhibit marked for identification becomes part of the record whether or not it was offered, and whether or not it was admitted. A party can ask the court for leave to substitute a photograph or copy in place of the original.
What happens to those exhibits afterward turns on the kind of appeal available. If an appeal from the case would be tried de novo, the exhibits go back to the parties once the proceeding ends, unless the court orders otherwise. If instead an appeal would be heard on the record made in the District Court, the exhibits stay in the clerk's custody — unless the court names a different custodian, in which case the court must identify that person on the record, instruct them to secure the exhibit until the case and any appeal are fully resolved, and have the clerk make a docket entry recording who's holding it.
A pre-filed or pre-marked exhibit isn't automatically part of the record. It only becomes part of the record once it's marked for identification or offered at the hearing or trial, as described in section (a).
Frequently Asked Questions
Do I get my exhibits back after trial?
It depends on the kind of appeal available. If an appeal would be de novo, exhibits are returned to the parties when the proceeding ends unless the court orders otherwise. If an appeal would be on the record, the exhibits stay in the District Court clerk's custody instead.
Does filing an exhibit with the court before trial make it part of the record?
No. An exhibit that's pre-marked by a party or pre-filed at the court's direction isn't part of the record until it's marked for identification or offered at the hearing or trial.
Can someone other than the clerk hold the exhibits while an appeal is pending?
Yes, if the court orders it. The court must then identify that custodian on the record, instruct them to secure the exhibit until the case and any appeal are fully resolved, and direct the clerk to enter that custody arrangement on the docket.
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: exhibits Maryland District Court trialget exhibits back after trial Marylandcustody of trial exhibits pending appeal Maryland