|
280 LAWS OF MARYLAND [Ch. 2
SEC. 8-302. STRIKING EXCESS JURORS.
(A) COURT TO STRIKE EXCESS NAMES.
IF A PARTY NEGLECTS OR REFUSES TO STRIKE THE
NUMBER OF JURORS ALLOWED BY THE MARYLAND RULES, OR IF
FOR ANY REASON MORE THAN THE REQUIRED NUMBER OF NAMES
REMAIN ON THE LIST AFTER ALL STRIKES HAVE BEEN MADE,
THE COURT SHALL STRIKE THE EXCESS NAMES.
(B) RIGHT TO CHALLENGE ARRAY OR POLLS.
NEITHER THIS SECTION NOR THE MARYLAND RULES
DEPRIVE ANY PERSON OF THE RIGHT TO CHALLENGE FOR CAUSE
THE ENTIRE PANEL OR AN INDIVIDUAL MEMBER OF THE PANEL
OR JURY.
REVISOR'S NOTE: Subsections (a) and (b) presently
appear as Art. 51, §16. Since this section
apparently applies to both civil and criminal
cases, references to Rule 746, which applies
only to criminal cases, are proposed for
deletion.
The British statute of 33 Edward 1 stat. 4
was repealed by Ch. 648, H.B. 1587, Acts of
1973. It required the State to show a reason
for peremptorily challenging jurors, and has
long been superseded by the Code and the
Rules.
The legislature may choose to retain the
terms of art "array" and "polls" or
substitute "modern" language.
The only other changes made are in style.
SEC. 8-303. DISPENSING WITH FULL PANEL.
IF THE PARTIES AGREE, THE DRAWING OF A PANEL OF AT
LEAST 20 JURORS IN ANY CASE MAY BE DISPENSED WITH.
REVISOR'S NOTE: This section presently appears as
Art. 51, §17. The implication that a panel
must consist of 20 jurors has been changed to
allow panels of more than 20. This brings
the section into conformity with modern
practice of using larger panels. The phrase
"parties or their counsel" has been changed
to "parties"; Rule 3 provides that where a
party is to do an act, it may be done by his
|