Rule 16-3 Use of Recording Devices in the Courtroom
Article 16. Use of Electronic Devices in Courtrooms and Recording of Judicial Proceedings
Rule Text
(a) The following restrictions shall apply to the use of any recording device in the courtroom:
(1) Jurors. A juror or prospective juror shall turn the power off to any recording device while present in a courtroom or while present in a jury room during the jury's deliberations and discussions concerning a case. A juror or prospective juror may use his or her recording device during breaks, as authorized by the Judge. A juror or prospective juror shall not record proceedings.
(2) Witnesses. A witness shall turn the power off to any recording device while present in a courtroom and may use a recording device while testifying only with permission from the Judge. A witness shall not record proceedings.
(3) Parties and Spectators. Parties and spectators, including representatives of the media, may use a recording device to record proceedings only as specifically authorized by the Court pursuant to this article. Such individuals may use a recording device for purposes other than recording sounds and images in a courtroom if such use would not be disruptive or distracting and is not otherwise contrary to the administration of justice. However, recording devices used in such a manner shall be silenced and may not be used to make or receive telephone calls or for other audible functions without express permission from the Judge.
(4) Attorneys, Employees of Attorneys, Such as Paralegals, and Self-Represented Litigants.
(A) Use of Recording Devices to Record. Unless otherwise ordered by the Court, an attorney representing a party in a proceeding or a self-represented litigant may make audio recordings of the proceeding in a non-disruptive manner after announcing to the Court and all parties that he or she is doing so. A recording made pursuant to this paragraph may be used only: in litigating the case, as otherwise allowed by the Court, or as otherwise provided by law. An attorney or self-represented litigant may also seek authorization to record proceedings pursuant to section (c) of this rule.
(B) Use of Recording Devices for Non-Recording Purposes. An attorney, an attorney's employee (e.g., a paralegal), and a self-represented litigant may use recording devices in a courtroom for purposes other than recording sounds and images if such use would not be disruptive or distracting and is not otherwise contrary to the administration of justice. However, recording devices used in such a manner shall be silenced and may not be used to make or receive telephone calls or for other audible functions without express permission from the Judge.
(b) Limitation. The Judge may further restrict the use of recording devices in the courtroom by the public or in connection with a particular proceeding by jurors, attorneys, witnesses, or others as appropriate to protect the integrity of the proceedings and maintain safety, decorum, and order. Any allowed use of a recording device under this rule is subject to the authority of the Judge to terminate activity that is disruptive, distracting, or otherwise contrary to the administration of justice.
(c) Celebratory or Ceremonial Proceedings, and When the Court is Not in Session. Notwithstanding other provisions of this rule, a person may request orally or in writing the use of a recording device in a courtroom to record a celebratory or ceremonial proceeding or the use of a recording device in a courtroom when the Court is not in session. Such requests may be approved orally or in writing by a Judge or a Judge's designee.