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Rule 2-512 – Jury Selection

May 13, 2021 | Civil Prodcedure, Maryland

(a) Jury Size and Challenge to the Array.

(1)Size. Before a trial begins, the judge shall decide (A) the required number of sworn jurors, including any alternates, and (B) the size of the array of qualified jurors needed.

Cross reference: See Code, Courts Article, ยง 8-421(b).

(2)Insufficient Array. If the array is insufficient for jury selection, the trial judge may direct that additional qualified jurors be summoned at random from the qualified juror pool as provided by statute.
(3)Challenge to the Array. A party may challenge the array on the ground that its members were not selected or summoned according to law, or on any other ground that would disqualify the array as a whole. A challenge to the array shall be made and determined before any individual member of the array is examined, except that the trial judge for good cause may permit the challenge to be made after the jury is sworn but before any evidence is received.
(b) General Requirements. All individuals to be impanelled on the jury, including any alternates, shall be selected in the same manner, have the same qualifications, and be subject to the same examination.
(c) Jury List.

(1)Contents. Before the examination of qualified jurors, each party shall be provided with a list that includes each juror’s name, address, age, sex, education, occupation, spouse’s occupation, and any other information required by Rule. Unless the trial judge orders otherwise, the address shall be limited to the city or town and zip code and shall not include the street address or box number.
(2)Dissemination.

(A) Allowed. A party may provide the jury list to any person employed by the party to assist in jury selection. With permission of the trial judge, the list may be disseminated to other individuals such as the courtroom clerk or court reporter for use in carrying out official duties.
(B) Prohibited. Unless the trial judge orders otherwise, a party and any other person to whom the jury list is provided in accordance with subsection (c)(2)(A) of this Rule may not disseminate the list or the information contained on the list to any other person.
(3)Not Part of the Case Record; Exception. Unless the court orders otherwise, copies of jury lists shall be returned to the jury commissioner. Unless marked for identification and offered in evidence pursuant to Rule 2-516, a jury list is not part of the case record.

Cross reference: See Rule 16-934 concerning petitions to permit or deny inspection of a case record.

(d) Examination and Challenges for Cause.

(1)Examination. The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties. If the judge conducts the examination, the judge may permit the parties to supplement the examination by further inquiry or may submit to the jurors additional questions proposed by the parties. The jurors’ responses to any examination shall be under oath. On request of any party, the judge shall direct the clerk to call the roll of the array and to request each qualified juror to stand and be identified when called.
(2)Challenge for Cause. A party may challenge an individual qualified juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown.
(e) Peremptory Challenges.

(1)Designation of Qualified Jurors; Order of Selection. Before the exercise of peremptory challenges, the trial judge shall designate those individuals on the jury list who remain qualified after examination. The number designated shall be sufficient to provide the required number of sworn jurors, including any alternates, after allowing for the exercise of peremptory challenges. The trial judge shall at the same time prescribe the order to be followed in selecting individuals from the list.
(2)Number; Exercise of Peremptory Challenges. Each party is permitted four peremptory challenges plus one peremptory challenge for each group of three or less alternates to be impanelled. For purposes of this section, all plaintiffs shall be considered as a single party and all defendants shall be considered as a single party unless the trial judge determines that adverse or hostile interests between plaintiffs or between defendants justify allowing one or more of them the separate peremptory challenges available to a single party. The parties shall simultaneously exercise their peremptory challenges by striking names from a copy of the jury list.
(f) Impanelled Jury.

(1)Impanelling. The individuals to be impanelled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn.
(2)Oath; Functions, Powers, Facilities, and Privileges. All sworn jurors, including any alternates, shall take the same oath and, until discharged from jury service, have the same functions, powers, facilities, and privileges.
(3)Discharge of Jury Member. At any time before the jury retires to consider its verdict, the trial judge may replace any jury member whom the trial judge finds to be unable or disqualified to perform jury service with an alternate in the order of selection set under subsection (e)(1). When the jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who did not replace another jury member.
(g) Foreperson. The trial judge shall designate a sworn juror as foreperson.

Md. R. Civ. P. Cir. Ct. 2-512

This Rule is derived as follows:

Section (a) is in part derived from former Rules 754 a and Rule 543 c and in part new.

Section (b) is derived from former Rule 751 b and former Rule 543 b 3.

Section (c) is new.

Section (d) is derived from former Rules 752, 754 b, and 543 d.

Section (e) is derived from former Rules 753 and 543 a 3 and 4.

Section (f) is new.

Section (g) is derived from former Rule 751 d.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 21, 1984, eff. July 1, 1984; May 4, 1988; Dec. 4, 2007, eff. Jan. 1, 2008; June 6, 2016, eff. July 1, 2016; June 20, 2017, eff. Aug. 1, 2017; Nov. 19, 2019, eff. Jan. 1, 2020; amended June 29, 2020, eff. August 1, 2020.

HISTORICAL NOTES

2007 Orders

The December 4, 2007, order, rewrote this Rule, which previously read:

“(a) Challenge to the Array. A party may challenge the array of jurors on the ground that its members were not selected, drawn, or summoned according to law or on any other ground that would disqualify the panel as a whole. A challenge to the array shall be made and determined before any individual juror from that array is examined, except that the court for good cause may permit it to be made after the jury is sworn but before any evidence is received.

“(b) Alternate Jurors. The court may direct that one or more jurors be called and impanelled to sit as alternate jurors. Any juror who, before the time the jury retires to consider its verdict, becomes or is found to be unable or disqualified to perform a juror’s duty shall be replaced by an alternate juror in the order of selection. An alternate juror shall be drawn in the same manner, have the same qualifications, be subject to the same examination, take the same oath, and have the same functions, powers, facilities, and privileges as a juror. An alternate juror who does not replace a juror shall be discharged when the jury retires to consider its verdict.

“(c) Jury List. Before the examination of jurors, each party shall be provided with a list of jurors that includes the name, age, sex, education, occupation, and occupation of spouse of each juror and any other information required by the county jury plan. When the county jury plan requires the address of a juror, the address need not include the house or box number.

“(d) Examination of Jurors. The court may permit the parties to conduct an examination of jurors or may itself conduct the examination after considering questions proposed by the parties. If the court conducts the examination, it may permit the parties to supplement the examination by further inquiry or may itself submit to the jurors additional questions proposed by the parties. The jurors’ responses to any examination shall be under oath. Upon request of any party the court shall direct the clerk to call the roll of the panel and to request each juror to stand and be identified when called by name.

“(e) Challenges for Cause. A party may challenge an individual juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown.

“(f) Additional Jurors. When the number of jurors of the regular panel may be insufficient to allow for selection of a jury, the court may direct that additional jurors be summoned at random from the qualified jury wheel and thereafter at random in a manner provided by statute.

“(g) Designation of List of Qualified Jurors. Before the exercise of peremptory challenges, the court shall designate from the jury list those jurors who have qualified after examination. The number designated shall be sufficient to provide the number of jurors and alternates to be sworn after allowing for the exercise of peremptory challenges. The court shall at the same time prescribe the order to be followed in selecting the jurors and alternate jurors from the list.

“(h) Peremptory Challenges. Each party is permitted four peremptory challenges plus one peremptory challenge for each group of three or less alternate jurors to be impanelled. For purposes of this section, several plaintiffs or several defendants shall be considered as a single party unless the court determines that adverse or hostile interests between plaintiffs or between defendants justify allowing to each of them separate peremptory challenges not exceeding the number available to a single party. The parties shall simultaneously exercise their peremptory challenges by striking from the list.

“(i) Impanelling the Jury. The jurors and any alternates to be impanelled shall be called from the qualified jurors remaining on the list in the order previously designated by the court and shall be sworn. The court shall designate a juror as foreman.

“Source: This Rule is derived as follows:

“Section (a) is derived from former Rule 754 a and is consistent with former Rule 543 c.

“Section (b) is derived from former Rule 751 b and is consistent with former Rule 543 b 3.

“Section (c) is new.

‘Section (d) is derived from former Rules 752 and 543 d.

‘Section (e) is derived from former Rule 754 b.

“Section (f) is consistent with former Rule 543 a 5 and 6.

“Section (g) is new with exception of the last sentence which is derived from former Rule 753 b 1.

“Section (h) is derived from former Rule 543 a 3 and 4.

‘Section (i) is derived from the last sentence of former Rule 753 b 3 and former Rule 751 d.’

2016 Orders

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

2017 Orders

The June 20, 2017 order, revised an internal reference.