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Rule 4-323 – Method of Making Objections

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Objections to Evidence. An objection to the admission of evidence shall be made at the time the evidence is offered or as soon thereafter as the grounds for objection become apparent. Otherwise, the objection is waived. The grounds for the objection need not be stated unless the court, at the request of a party or on its own initiative, so directs. The court shall rule upon the objection promptly. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court may admit the evidence subject to the introduction of additional evidence sufficient to support a finding of the fulfillment of the condition. The objection is waived unless, at some time before final argument in a jury trial or before the entry of judgment in a court trial, the objecting party moves to strike the evidence on the ground that the condition was not fulfilled.

Committee note: With respect to objections to the admissibility of evidence made and denied on pretrial motion, see Jones v. State, 9 Md.App. 455, 265 A.2d 271 (1970).

(b) Continuing Objections to Evidence. At the request of a party or on its own initiative, the court may grant a continuing objection to a line of questions by an opposing party. For purposes of review by the trial court or on appeal, the continuing objection is effective only as to questions clearly within its scope.
(c) Objections to Other Rulings or Orders. For purposes of review by the trial court or on appeal of any other ruling or order, it is sufficient that a party, at the time the ruling or order is made or sought, makes known to the court the action that the party desires the court to take or the objection to the action of the court. The grounds for the objection need not be stated unless these rules expressly provide otherwise or the court so directs. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection at that time does not constitute a waiver of the objection.
(d) Formal Exceptions Unnecessary. A formal exception to a ruling or order of the court is not necessary.

Md. Crim. Causes. 4-323

This Rule replaces former Rule 761 and is derived as follows:

Section (a) is derived from former Rule 522 d.

Section (b) is new.

Section (c) is derived from former Rule 522 b and c.

Section (d) is derived from former Rule 522 a.

Adopted April 6, 1984, eff. July 1, 1984. Former Rule 4-322 renumbered as Rule 4-323 June 3, 1988, eff. July 1, 1988.