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Rule 4-301 – Beginning of Trial in District Court

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Initial Procedures. Immediately before beginning a trial in District Court, the court shall (1) make certain the defendant has been furnished a copy of the charging document; (2) inform the defendant of each offense charged; (3) inform the defendant, when applicable, of the right to trial by jury; (4) comply with Rule 4-215, if necessary; (5) if the defendant is charged with an offense that carries a penalty of incarceration, determine whether the defendant had appeared before a judicial officer for an initial appearance pursuant to Rule 4-213 or a hearing pursuant to Rule 4-216 and, if so, that the record of such proceeding shows that the defendant was advised of the right to counsel; and (6) thereafter, call upon the defendant to plead to each charge.
(b) Demand for Jury Trial.

(1)Form and Time of Demand. A demand in the District Court for a jury trial shall be made either

(A) in writing and, unless otherwise ordered by the court or agreed by the parties, filed no later than 15 days before the scheduled trial date, or
(B) in open court on the trial date by the defendant and the defendant’s counsel, if any.
(2)Procedure Following Demand. Upon a demand by the defendant for jury trial that deprives the District Court of jurisdiction pursuant to law, the clerk may serve a circuit court summons on the defendant requiring an appearance in the circuit court at a specified date and time. The clerk shall promptly transmit the case file to the clerk of the circuit court, who shall then file the charging document and, if the defendant was not served a circuit court summons by the clerk of the District Court, notify the defendant to appear before the circuit court. The circuit court shall proceed in accordance with Rule 4-213(c) as if the appearance were by reason of execution of a warrant. Thereafter, except for the requirements of Code, Criminal Procedure Article, § 6-103 and Rule 4-271(a), or unless the circuit court orders otherwise, pretrial procedures shall be governed by the rules in this Title applicable in the District Court.
(c) Discovery. Discovery in an action transferred to a circuit court upon a jury trial demand made in accordance with subsection (b)(1)(A) of this Rule is governed by Rule 4-263. In all other actions transferred to a circuit court upon a jury trial demand, discovery is governed by Rule 4-262.

Md. Crim. Causes. 4-301

This Rule is derived as follows:

Section (a) is derived from former M.D.R. 751.

Section (b) is new.

Section (c) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended March 23, 1989; April 12, 1999, eff. July 1, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; April 8, 2008, eff. July 1, 2008; Nov. 21, 2013, eff. Jan. 1, 2014.

HISTORICAL NOTES

1999 Orders

The April 12, 1999, order inserted subsec. (b)(1), relating to the form and time of demand for jury trial in District Court; and redesignated existing section (b) as subsec. (b)(2).

The Court of Appeals issued two rules orders on April 12, 1999. One order, effective April 12, 1999, amended Rule 4-211. Another order, effective July 1, 1999, amended Rule 4-301.

2002 Orders

The January 8, 2002, order, in subsec. (b)(2), in the fourth sentence, substituted “Criminal Procedure Article, § 6-103 ” for “Article 27, § 591 “.

2008 Orders

The April 8, 2008, order, added subsec. (c).

2013 Orders

The November 21, 2013, order, added new subsection (a)(5) pertaining to a defendant charged with an offense that carries a penalty of incarceration.