§ RULE 2-521 JURY-REVIEW OF EVIDENCE-COMMUNICATIONS

Codes > Maryland Rules > Title 2 > Chapter 500 > RULE 2-521

RULE 2-521. 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 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 consent of the court. Written or electronically recorded instructions may be taken into the jury room only with the permission of the court.

    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. The court shall notify the parties of the receipt of any communication from the jury pertaining to the action as promptly as practicable and in any event before responding to the communication. All such communications between the court and the jury shall be on the record in open court or shall be in writing and filed in the action. The clerk or the court shall note on a written communication the date and time it was received from the jury.

    Source: This Rule is derived as follows:

    Section (a) is new.

    Section (b) is derived from former Rules 558 a, b and d and 758 b.

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

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