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West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 5. Evidence (Refs & Annos)
Chapter 100. General Provisions
MD Rules, Rule 5-103
(a) Effect of Erroneous Ruling. Error may not be predicated upon a ruling that admits or excludes evidence unless the party is prejudiced by the ruling, and
(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was requested by the court or required by rule; or
(2) Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer on the record or was apparent from the context within which the evidence was offered. The court may direct the making of an offer in question and answer form.
Committee note: This Rule is not intended to preclude the making of objections or offers of proof by a motion in limine. See Prout v. State, 311 Md. 348 (1988), for special circumstances when an offer of proof is not required after the court has made a pretrial ruling excluding evidence. This Rule is also not intended to change the existing standard for harmless error in a criminal case. See Dorsey v. State, 276 Md. 638 (1976).
(b) Explanation of Ruling. The court may add to the ruling any statement that shows the character of the evidence, the form in which it was offered, and the objection made.
(c) Hearing of Jury. Proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to a jury by any means, such as making statements or offers of proof or asking questions within the hearing of the jury.
Cross reference: See Rule 4-325 regarding plain error in jury instructions; see also Rule 8-131 regarding scope of appellate review.
Source: This Rule is derived in part from F.R.Ev. 103.


[Adopted Dec. 15, 1993, eff. July 1, 1994.]
MD Rules, Rule 5-103, MD R REV Rule 5-103
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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