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ROBERT L. EHRLICH, JR., Governor Ch. 372
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In subsections (a), (b)(2) through (4), and (c)(1) of this section, references to
a "trial" judge and to "striking]" an individual are substituted for the
former reference to the individual being "excused" or "disqualified,
excused, or excluded" by "the court" then defined as a "circuit court" to
distinguish actions of a bench, jury commissioner, or jury judge.
Former CJ § 8-210(d), which limited disqualification, excusal, or
exemption of a "person or class of person" from jury service to the means
set out in former CJ § 8-210, is deleted as surplusage and, in light of the
provisions for peremptory challenges in Md. Rules 2-512 and 4-312, as
inaccurate.
Former CJ § 8-302, which enabled a circuit court to strike names
remaining because a party failed to strike enough of an array and provided
for construction of this power, is deleted as unnecessary.
As to "county", see Art. 1, § 14 of the Code.
8-405. TEMPORARY EXCUSAL OF SWORN JURORS.
A TRIAL JUDGE MAY:
(1) EXCUSE A SWORN JUROR TEMPORARILY; AND
(2) ORDER THE SWORN JUROR TO RETURN:
(I) ON A SPECIFIC DAY; OR
(II) ON A DATE AND AT A TIME THAT THE TRIAL JUDGE OR JURY
COMMISSIONER DIRECTS.
COMMITTEE NOTE: This section is new language substituted for former CJ §
8-107(a) and (b), which provided for a "court" as then defined, a circuit
court to excuse jurors. Together with revised CJ § 8-215, the former
provisions are revised to apply to prospective, qualified, and sworn jurors,
but in the case of sworn jurors, the power is limited to a trial judge.
The substitution also omits the former reference to jury terms, as
inconsistent with continuation of a sworn jury until completion of an
investigation or case.
The substitution also omits the former reference to the form of notice as
unnecessarily restrictive in light of modern communication methods.
8-406. RESERVED.
8-407. RESERVED.
PART II. CHALLENGES.
8-408. IN CIVIL CASE. .
(A) EXCLUSIVE PROCEDURE.
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