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Rule 2-509 – Jury Trial-Special Costs in First, Second, and Fourth Judicial Circuits

May 13, 2021 | Civil Prodcedure, Maryland

(a) Application. This Rule applies only in the First, Second, and Fourth Judicial Circuits.
(b) Special Costs Imposed. When a jury trial is removed from the assignment at the initiative of a party for any reason within the 48 hour period, not including Saturdays, Sundays, and holidays, prior to 10:00 a.m. on the date scheduled, the court in its discretion may assess as costs against a party or parties an amount equal to the total reimbursement paid to qualified jurors who reported and were not otherwise used. The clerk shall remit to the county the costs received pursuant to this section. The County Administrative Judge may waive assessment of these costs for good cause shown.

Md. R. Civ. P. Cir. Ct. 2-509

This Rule is derived from former Rule 548.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 23, 1988, eff. Jan. 1, 1989; Dec. 10, 1996, eff. Jan. 1, 1997; Dec. 16, 1999, eff. Jan. 1, 2000; Dec. 4, 2007, eff. Jan. 1, 2008.

HISTORICAL NOTES

1999 Orders

The December 16, 1999, order, in the second sentence of section (b), deleted the requirement that the Circuit Administrative Judge has to approve waiver of the assessment of special costs.

2007 Orders

The December 4, 2007, order, rewrote section (b), which previously read:

“(b) Special Costs Imposed. When a jury trial is removed from the assignment at the initiative of a party for any reason within the 48-hour period, not including Saturdays, Sundays, and holidays, prior to 10:00 a.m. on the date scheduled, an amount equal to the total compensation paid to jurors who reported and were not otherwise utilized may be assessed as costs in the action against a party or parties in the discretion of the court and remitted by the clerk to the county. The County Administrative Judge may waive assessment of these costs for good cause shown.”