Rule 2-504.3.Computer-generated evidence
Circuit Court · Last amended October 1, 2009 · Last verified July 13, 2026
Full Text of Rule 2-504.3
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.