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RULE 4-325. INSTRUCTIONS TO THE JURY

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2021

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 300. Trial and Sentencing
Effective: July 1, 2021
MD Rules, Rule 4-325
RULE 4-325. INSTRUCTIONS TO THE JURY
(a) When Given. The court shall give instructions to the jury at the conclusion of all the evidence and before closing arguments and may supplement them at a later time when appropriate. In its discretion the court may also give opening and interim instructions.
(b) Written Requests. The parties may file written requests for instructions at or before the close of the evidence and shall do so at any time fixed by the court.
(c) How Given. The court may, and at the request of any party shall, instruct the jury as to the applicable law and the extent to which the instructions are binding. The court may give its instructions orally or, with the consent of the parties, in writing instead of orally. The court need not grant a requested instruction if the matter is fairly covered by instructions actually given.
(d) Reference to Evidence. In instructing the jury, the court may refer to or summarize the evidence in order to present clearly the issues to be decided. In that event, the court shall instruct the jury that it is the sole judge of the facts, the weight of the evidence, and the credibility of the witnesses.
(e) Eyewitness Identification. If pretrial eyewitness identification evidence obtained with the participation of personnel from a law enforcement agency has been admitted, the court, upon request, shall instruct the jury, as relevant, that, in considering the reliability of the identification, the jury shall consider evidence of:
(1) whether there was compliance with the requirements of Code, Public Safety Article, §§ 3-506 and 3-506.1; and
(2) any other factor that reasonably may bear on the reliability of the identification.
Committee note: Subsection (e)(1) of this Rule directs a trial court, upon request, to instruct the jury that, in determining whether a challenged pretrial eyewitness identification obtained with the participation of law enforcement personnel is reliable, it shall consider whether there was compliance with the requirements of Code, Public Safety Article, §§ 3-506 and 3-506.1. Subsection (e)(2) is a catchall provision that directs the court to instruct the jury that it may consider any other factors that reasonably may affect the reliability of a pretrial eyewitness identification but does not require an instruction on whether any particular factor may have that effect.
Cross reference: For jury instructions pertaining to eyewitness identifications recommended by the Maryland Pattern Jury Instruction Committee of the Maryland State Bar Association, Inc., see Maryland Pattern Jury Instruction MPJI-CR 3:30.
(f) Objection. No party may assign as error the giving or the failure to give an instruction unless the party objects on the record promptly after the court instructs the jury, stating distinctly the matter to which the party objects and the grounds of the objection. Upon request of any party, the court shall receive objections out of the hearing of the jury. An appellate court, on its own initiative or on the suggestion of a party, may however take cognizance of any plain error in the instructions, material to the rights of the defendant, despite a failure to object.
(g) Argument. Nothing in this Rule precludes any party from arguing that the law applicable to the case is different from the law described in the instructions of the court stated not to be binding.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 757 d.
Section (b) is derived from former Rule 757 a.
Section(c) is derived from former Rule 757 b.
Section (d) is derived from former Rule 757 c.
Section (e) is new.
Section (f) is derived from former Rule 757 f and h.
Section (g) is derived from former Rule 757 g.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended March 30, 2021, eff. July 1, 2021.]
MD Rules, Rule 4-325, MD R CR Rule 4-325
Current with amendments received through May 1, 2022. Some sections may be more current, see credits for details.
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