(A) Separate Volume. Exhibits volumes shall be divided into two types: documentary exhibits volumes and media exhibits volumes, as further defined below. All exhibits shall be placed in the appropriate, separate exhibits volume and shall not be made a part of any verbatim transcription volume.

   (B) Marking and Numbering. All exhibits are to be marked in numerical order, irrespective of the party producing them, and shall show the date on which they were marked. The sequential numbering of exhibits shall begin with the first hearing held in the case and continue until final disposition. The same number shall not be given to more than one exhibit in any case. If the pages of a multipage exhibit are not otherwise numbered, the court reporting personnel shall number the pages in sequence and shall in all instances mark such an exhibit so as to indicate the number of pages it contains. All exhibits should be properly identified as part of the record in the official court reporter’s or private transcriber’s certificate.

   (C) Documentary Exhibits; Offered at Trial; Electronic Exhibits Volume on Appeal. Documentary exhibits include all exhibits except physical exhibits in their original form and media exhibits.

   (1) A documentary item of evidence offered in paper form to a trial court may remain in paper form unless the matter is appealed. If the matter is appealed, the party who offered the exhibit shall submit to the court reporting personnel an electronic version, converted or scanned into PDF format. All exhibits shall be marked and numbered as provided in subsection (B) above.

   (2) For purposes of an appeal, if the party offering a documentary exhibit fails to provide a PDF to the court reporting personnel, the court reporting personnel shall create one by scanning or converting into PDF format at the offering party’s expense.

   (3) The court reporting personnel shall compile all documentary exhibits (including images of physical exhibits converted to PDF) into an electronic exhibits volume(s) and shall organize all exhibits by using bookmarks with the exhibit number identified. Each documentary exhibits volume shall not exceed 50 MB in size. Each documentary exhibits volume shall be filed in the trial court by court reporting personnel using the Electronic filing system portal for court reporting personnel.

   (D) Media Exhibits; File Formats; Physical Volume of Media Exhibits on Appeal. Media exhibits include digital data files not readily convertible to PDF, digital audio files, digital video files, analog audio tapes, and analog video tapes.

   (1) A media exhibit offered in an original format to a trial court may remain in the original format unless the matter is appealed. If the matter is appealed, the party who offered the exhibit shall provide to the court reporting personnel a copy of the exhibit in a format as provided in subsection (3) or (4) below. All exhibits shall be marked and numbered as provided in subsection (B) above.

   (2) For purposes of an appeal, if the party offering a media exhibit fails to provide a copy to the court reporting personnel in the format required by subsection (3) or (4) below, the court reporting personnel shall create one at the offering party’s expense.

   (3) Digital video exhibits shall be submitted to the appellate court in a format compatible for viewing on standard editions of Windows Media Player and/or VLC Media Player. If any other type of video exhibit is presented to the trial court which cannot be viewed on Windows Media Player and/or VLC Media Player, the video exhibit shall be submitted with any necessary additional player application software that allows the exhibit to be easily viewed by the appellate court. Video exhibits shall not be submitted to the appellate court via the Electronic filing system portal for court reporting personnel but may be provided to court reporting personnel on the following media storage devices: CD, DVD, or flash drive. The storage device shall contain only the exhibit(s) and any required player application software and no other files.

   (4) Digital audio exhibits shall be submitted to the appellate court in a format capable for playback on standard editions of Windows Media Player and/or VLC Media Player. If any other type of audio recording is presented to the court which cannot be played back on Windows Media Player and/or VLC Media Player, the party submitting the audio recording shall provide at his or her own expense the appropriate player application software for playback. Audio exhibits shall not be submitted to the appellate court via the Electronic filing system portal for court reporting personnel but may be provided to court reporting personnel on the following media storage devices: CD, DVD, or flash drive. The storage device shall contain only the exhibit(s) and any required player application software and no other files.

   (5) Analog exhibits shall not be provided to the appellate court on appeal. Analog exhibits shall be converted to an appropriate digital file format for viewing or playback as provided in subsection (3) or (4) above at the expense of the party offering the exhibit.

   (6) A separate media exhibits volume shall be created by court reporting personnel containing all media exhibits and shall be separate from the documentary exhibits volume. All exhibits in the separate media exhibits volume shall be listed and described in the index required by § 2-105.01(D)(1). The separate media exhibits volume shall be filed in the trial court and transmitted to the appellate court immediately upon the filing thereof.

   (7) In the event that the appellate court is unable to playback any media exhibit, the court reporting personnel shall provide support to the appellate court. If the court reporting personnel are unable to resolve the problem, the party offering the exhibit shall be responsible to provide any necessary support.

   (E) Physical Exhibits.

   (1) The exhibits volume shall contain no item of physical evidence. The term “physical evidence” means any nondocumentary items and includes, but is not limited to, items such as weapons, contraband, wearing apparel, cell phones, models, money, body fluids, or any other physical item.

   (2) The party offering any nondocumentary item of physical evidence shall substitute for purposes of appeal a photograph, not larger than 8½ by 11 inches, converted or scanned to a PDF image file, which fairly and accurately depicts the item. If the party offering an item of nondocumentary evidence fails to provide a suitable substitute PDF image file for a case being appealed, the court reporting personnel shall cause one to be made at the offering party’s expense. The court reporting personnel shall in all instances preserve the item of physical evidence in its original form and shall make it available to the Supreme Court or Court of Appeals upon request.

   (3) Large physical exhibits or any physical exhibit of any size shall not be sent to the appellate courts except upon request of the appellate court. If a request for such an exhibit is made by the Supreme Court or Court of Appeals, the party who offered the exhibit in the trial court shall arrange and pay for transporting the exhibit to the Clerk of the Supreme Court and Court of Appeals and to arrange and pay for return thereof to the clerk of the trial court. Under no circumstances shall the clerk of the trial court send to the Clerk contraband, drugs, firearms, or other weapons, unless specifically requested to do so by the Supreme Court or Court of Appeals.

   (F) No exhibits constituting visual depiction of sexually explicit conduct involving a child shall be scanned or electronically reproduced or transmitted. See § 2-116(B).

    (G) Parties shall retain a copy of all exhibits to be included in the bill of exceptions on appeal.

§ 2-105.02 adopted June 9, 2021, effective January 1, 2022; § 2-105.02 amended November 17, 2021, effective January 1, 2022.