Commentary: Judge On the Jury: Handling Communications From the Jury

Summary

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During a trial, a juror or the jury as a whole will send notes to the judge that can range from trivial requests ("Can the air conditioning be turned down?") to questions that go to the heart of the case ("What does the term "proximate cause" mean?") Whatever the question, the judge, court personnel and attorneys need to take care that such notes are handled consistent with the Maryland Rules. Failure to do so, at least in the criminal arena, can negate a lengthy trial and require a retrial.

The Maryland Rules on communications from the jury for civil and criminal trials are virtually identical. For civil trials, Rule 2- 521(d) provides:

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Extract

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Commentary: Judge On the Jury: Handling Communications From the Jury

The court shall notify the parties of the receipt of any communication from the jury pertaining to the action as promptly as practicable and in any event before responding to the communication. All such communications between the court and the jury shall be on the record in open court or shall be in writing and filed in the acti...

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