RULE 2-512. JURY SELECTION
West's Annotated Code of MarylandMaryland RulesEffective: August 1, 2020
Effective: August 1, 2020
MD Rules, Rule 2-512
RULE 2-512. JURY SELECTION
Cross reference: See Code, Courts Article, ยง 8-421 (b).
(3) Challenge to the Array. A party may challenge the array on the ground that its members were not selected or summoned according to law, or on any other ground that would disqualify the array as a whole. A challenge to the array shall be made and determined before any individual member of the array is examined, except that the trial judge for good cause may permit the challenge to be made after the jury is sworn but before any evidence is received.
(1) Contents. Before the examination of qualified jurors, each party shall be provided with a list that includes each juror's name, address, age, sex, education, occupation, spouse's occupation, and any other information required by Rule. Unless the trial judge orders otherwise, the address shall be limited to the city or town and zip code and shall not include the street address or box number.
Cross reference: See Rule 16-934 concerning petitions to permit or deny inspection of a case record.
(1) Examination. The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties. If the judge conducts the examination, the judge may permit the parties to supplement the examination by further inquiry or may submit to the jurors additional questions proposed by the parties. The jurors' responses to any examination shall be under oath. On request of any party, the judge shall direct the clerk to call the roll of the array and to request each qualified juror to stand and be identified when called.
(1) Designation of Qualified Jurors; Order of Selection. Before the exercise of peremptory challenges, the trial judge shall designate those individuals on the jury list who remain qualified after examination. The number designated shall be sufficient to provide the required number of sworn jurors, including any alternates, after allowing for the exercise of peremptory challenges. The trial judge shall at the same time prescribe the order to be followed in selecting individuals from the list.
(2) Number; Exercise of Peremptory Challenges. Each party is permitted four peremptory challenges plus one peremptory challenge for each group of three or less alternates to be impanelled. For purposes of this section, all plaintiffs shall be considered as a single party and all defendants shall be considered as a single party unless the trial judge determines that adverse or hostile interests between plaintiffs or between defendants justify allowing one or more of them the separate peremptory challenges available to a single party. The parties shall simultaneously exercise their peremptory challenges by striking names from a copy of the jury list.
(3) Discharge of Jury Member. At any time before the jury retires to consider its verdict, the trial judge may replace any jury member whom the trial judge finds to be unable or disqualified to perform jury service with an alternate in the order of selection set under subsection (e)(1). When the jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who did not replace another jury member.
Source: This Rule is derived as follows:
Section (a) is in part derived from former Rules 754 a and Rule 543 c and in part new.
Section (b) is derived from former Rule 751 b and former Rule 543 b 3.
Section (c) is new.
Section (d) is derived from former Rules 752, 754 b, and 543 d.
Section (e) is derived from former Rules 753 and 543 a 3 and 4.
Section (f) is new.
Section (g) is derived from former Rule 751 d.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended June 21, 1984, eff. July 1, 1984; May 4, 1988; Dec. 4, 2007, eff. Jan. 1, 2008; June 6, 2016, eff. July 1, 2016; June 20, 2017, eff. Aug. 1, 2017; Nov. 19, 2019, eff. Jan. 1, 2020; June 29, 2020, eff. Aug. 1, 2020.]
MD Rules, Rule 2-512, MD R RCP CIR CT Rule 2-512
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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