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Rule 4-327 – Verdict-Jury

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Return. The verdict of a jury shall be unanimous and shall be returned in open court.
(b) Sealed Verdict. With the consent of all parties, the court may authorize the rendition of a sealed verdict during a temporary adjournment of court. A sealed verdict shall be in writing and shall be signed by each member of the jury. It shall be sealed in an envelope by the foreperson of the jury who shall write on the outside of the envelope “Verdict Case No. ….. “State of Maryland vs. ……. and deliver the envelope to the clerk. The jury shall not be discharged, but the clerk shall permit the jury to separate until the court is again in session at which time the jury shall be called and the verdict opened and received as other verdicts.
(c) Two or More Defendants. When there are two or more defendants, the jury may return a verdict with respect to a defendant as to whom it has agreed, and any defendant as to whom the jury cannot agree may be tried again.
(d) Two or More Counts. When there are two or more counts, the jury may return a verdict with respect to a count as to which it has agreed, and any count as to which the jury cannot agree may be tried again.
(e) Poll of Jury. On request of a party or on the court’s own initiative, the jury shall be polled after it has returned a verdict and before it is discharged. If the sworn jurors do not unanimously concur in the verdict, the court may direct the jury to retire for further deliberation, or may discharge the jury if satisfied that a unanimous verdict cannot be reached.

Md. Crim. Causes. 4-327

This Rule is derived from former Rule 759.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; June 5, 1996, eff. Jan. 1, 1997; Dec. 10, 1996, eff. July 1, 1997; Dec. 2, 2004, eff. July 1, 2005; Dec. 4, 2007, eff. Jan. 1, 2008; June 7, 2011, eff. July 1, 2011; June 6, 2016, eff. July 1, 2016.

HISTORICAL NOTES

2004 Orders

The December 2, 2004, order amended the cross reference following section (e).

2007 Orders

The December 4, 2007, order, in section (a), substituted foreperson for foreman; and in section (e), substituted sworn jurors for jurors.

2011 Orders

The June 7, 2011, order amended the cross reference.

2016 Orders

The June 6, 2016, order revised an internal reference in the Rule.

See Rule 18-102.8, regarding praise or criticism of a jury’s verdict.