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Rule 2-511 – Trial by Jury

May 13, 2021 | Civil Prodcedure, Maryland

(a) Right Preserved. The right of trial by jury as guaranteed by the Maryland Constitution and the Maryland Declaration of Rights or as provided by law shall be preserved to the parties inviolate.
(b) Number of Jurors. The jury shall consist of six persons. With the approval of the court, the parties may agree to accept a verdict from fewer than six jurors if during the trial one or more of the six jurors becomes or is found to be unable or disqualified to perform a juror’s duty.
(c) Separation of Jury. The court, either before or after submission of the case to the jury, may permit the jurors to separate or require that they be sequestered.
(d) Advisory Verdicts Disallowed. Issues of fact not triable of right by a jury shall be decided by the court and may not be submitted to a jury for an advisory verdict.

Md. R. Civ. P. Cir. Ct. 2-511

This Rule is derived as follows:

Section (a) is new and is derived in part from the 1966 version of Fed. R. Civ. P. 38(a).

Section (b) is derived from former Rule 544 and the 1991 version of Fed. R. Civ. P. 48.

Section (c) is derived from former Rule 543 a 8.

Section (d) is derived from former Rule 517.

Adopted April 6, 1984, eff. July 1, 1984. Amended eff. Feb. 8, 1993; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 4, 2007, eff. Jan. 1, 2008.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2007 Orders

The December 4, 2007, order, amended the cross reference following section (d).

Md. Declaration of Rights, Article 5; Rule 2-325; and Code, Courts Article, ยงยง 8-421(a) and 8-422.