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Rule 4-313 – Peremptory Challenges

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Number.

(1)Generally. Except as otherwise provided by this section, each party is permitted four peremptory challenges.
(2)Cases Involving Life Imprisonment. Each defendant who is subject on any single count to a sentence of life imprisonment, except when charged with a common law offense for which no specific penalty is provided by statute, is permitted 20 peremptory challenges and the State is permitted ten peremptory challenges for each defendant.
(3)Cases Involving Imprisonment for 20 Years or More, But Less Than Life. Each defendant who is subject on any single count to a sentence of imprisonment for 20 years or more, but less than life, except when charged with a common law offense for which no specific penalty is provided by statute, is permitted ten peremptory challenges and the State is permitted five peremptory challenges for each defendant.
(4)Alternate Jurors. For each alternate juror to be selected, the State is permitted one additional peremptory challenge for each defendant and each defendant is permitted two additional peremptory challenges. The additional peremptory challenges may be used only against alternate jurors, and other peremptory challenges allowed by this section may not be used against alternate jurors.

Cross reference: See Code, Courts Article, ยง 8-420(a).

(b) Exercise of Challenges.

(1)By Alternating Challenges. On request of any party for alternating challenges, the clerk shall call each qualified juror individually in the order previously designated by the court. When the first qualified juror is called, the State shall indicate first whether that qualified juror is challenged or accepted. When the second qualified juror is called, the defendant shall indicate first whether that qualified juror is challenged or accepted. When the third qualified juror is called, the State shall again indicate first whether that qualified juror is challenged or accepted, and the selection of a jury shall continue with challenges being exercised alternately in this fashion until the jury has been selected.
(2)By Simultaneous Striking From a List. If no request is made for alternating challenges, each party shall exercise its challenges simultaneously by striking names from a copy of the jury list.
(3)Remaining Challenges. After the required number of qualified jurors has been called, a party may exercise any remaining peremptory challenges to which the party is entitled at any time before the jury is sworn, except that no challenge to the first 12 qualified jurors shall be permitted after the first alternate juror is called.

Md. Crim. Causes. 4-313

This Rule is derived from former Rule 753.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 25, 1986, eff. July 1, 1986; Nov. 1, 1991, eff. Jan. 1, 1992; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 4, 2007, eff. Jan. 1, 2008; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order deleted subsec. (a)(4), which previously read:

“(4) Cases Involving Election Law Offenses Punishable by Imprisonment in Penitentiary. In trials for offenses against the provisions of Code, Article 33, or any other law relating to elections or voter registration, each party shall be entitled to twenty peremptory challenges if the offense is punishable by imprisonment in the penitentiary.”

The November 12, 2003, order also deleted the cross reference following subsec. (a)(4); and redesignated former subsec. (a)(5) as subsec. (a)(4).

2007 Orders

The December 4, 2007, order, in subsec. (b)(1) and (b)(3), substituted qualified juror for juror several times.

2015 Orders

The December 7, 2015, order, removed references to the death penalty in subsection (a)(2) and added a cross reference.