Md. Crim. Causes. 4-326

As amended through November 13, 2024

Rule 4-326 - Jury-Review of Evidence-Communications

(a) Jurors' Notes. The court may, and on request of any party shall, provide paper notepads for use by sworn jurors, including any alternates, during trial and deliberations. The court shall maintain control over the jurors' notes during the trial and promptly destroy the notes after the trial. Notes may not be reviewed or relied upon for any purpose by any person other than the author. If a sworn juror is unable to use a notepad because of a disability, the court shall provide a reasonable accommodation.

(b) Items Taken to Jury Room. Sworn jurors may take their notes with them when they retire for deliberation. Unless the court for good cause orders otherwise, the jury may also take the charging document and exhibits that have been admitted in evidence, except that a deposition may not be taken into the jury room without the agreement of all parties and the consent of the court. Electronically recorded instructions or oral instructions reduced to writing may be taken into the jury room only with the permission of the court. On request of a party or on the court's own initiative, the charging documents shall reflect only those charges on which the jury is to deliberate. The court may impose safeguards for the preservation of the exhibits and the safety of the jury.

Cross reference: See Rule 5-802.1(e).

(c) Jury Request to Review Evidence. The court, after notice to the parties, may make available to the jury testimony or other evidence requested by it. In order that undue prominence not be given to the evidence requested, the court may also make available additional evidence relating to the same factual issue.

(d) Communications With Jury.

(1)Instruction to Use Juror Number. The judge shall instruct the jury, in any preliminary instructions and in instructions given prior to jury deliberations that, in any written communication from a juror, the juror shall be identified only by juror number.

(2)Notification of Judge; Duty of Judge.

(A) A court official or employee who receives any written or oral communication from the jury or a juror shall immediately notify the presiding judge of the communication.

(B) The judge shall determine whether the communication pertains to the action. If the judge determines that the communication does not pertain to the action, the judge may respond as the judge deems appropriate.

Committee note: Whether a communication pertains to the action is defined by case law. See, for example, Harris v. State, 428 Md. 700 (2012) and Grade v. State, 431 Md. 85 (2013).

(C) If the judge determines that the communication pertains to the action, the judge shall promptly, and before responding to the communication, direct that the parties be notified of the communication and invite and consider, on the record, the parties' position on any response. The judge may respond to the communication in writing or orally in open court on the record.

(3)Duty of Clerk.

(A) The clerk shall enter on the docket (i) the date and time that each communication from the jury or a juror was received by or reported to the judge, (ii) whether the communication was written or oral, and, if oral, the nature of the communication, (iii) whether the judge concluded that the communication pertained to the action, and (iv) if so, whether the parties and attorneys were notified and had an opportunity on the record to state their position on any response.

(B) The clerk shall enter in the electronic or paper file each written communication from the jury or a juror and each written response by the judge. Any identification of a juror other than the juror number shall be redacted.

(C) In any entry made by the clerk, a juror shall be identified only by juror number.

Md. Crim. Causes. 4-326

This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former Rule 758 a and b and 757 e.

Section (c) is derived from former Rule 758 c.

Section (d) is derived in part from former Rule 758 d and is in part new.

Adopted April 6, 1984, eff. 7/1/1984. Amended Dec. 15, 1993, eff. 7/1/1994; 11/12/2003, eff. 1/1/2004; 4/5/2005, eff. 7/1/2005; 12/4/2007, eff. 1/1/2008; 10/17/2013, eff. 1/1/2014; 3/2/2015, eff. 7/1/2015; amended March 1, 2024, eff. 7/1/2024.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order added section (a), relating to jurors' notes; redesignated former sections (a) through (c) as sections (b) through (d), respectively; in former section (a), now section (b), substituted "Jurors may take their notes with them when they retire for deliberation" for "Jurors may take notes regarding the evidence and may keep the notes with them when they retire for deliberations"; in former section (c), now section (d), in the first sentence, inserted "as promptly as practicable and in any event"; and amended the source note.

2005 Orders

The April 5, 2005, order, in section (d), added the last sentence.

2007 Orders

The December 4, 2007, order, in section (a) and (b), substituted sworn jurors for jurors; and made stylistic changes.

2013 Orders

The October 17, 2013, order, deleted section (d) and added a new section (d) specifying certain duties of judges, clerks, and other court officials and employees concerning written and oral communication from the jury.

2015 Orders

The March 2, 2015 order added subsection (d)(1) to provide for juror communication using juror numbers; added the words "or a juror" to subsection (d)(2)(A), by adding language to subsection (d)(2)(B) providing for certain actions by a judge who receives a juror communication; added a Committee note after subsection (d)(2)(B); added language to subsection (d)(2)(C) pertaining to a judicial determination that a juror communication pertains to an action; and amended subsection (d)(3) as to how the clerk handles a juror communication.