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2006 LAWS OF MARYLAND
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Ch. 372
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THIS SECTION SETS FORTH THE EXCLUSIVE PROCEDURE BY WHICH A PARTY IN
A CIVIL CASE MAY CHALLENGE A JURY ON THE GROUND THAT THE JURY WAS NOT
SUMMONED OR OTHERWISE SELECTED IN COMPLIANCE WITH THIS TITLE.
(B) MOTION.
(1) BEFORE EXAMINATION BEGINS IN A CIVIL CASE OR, FOR GOOD
CAUSE SHOWN, AFTER A JURY IS SWORN BUT BEFORE IT RECEIVES EVIDENCE, A
PARTY MAY MOVE TO STAY THE CASE ON THE GROUND OF SUBSTANTIAL FAILURE TO
COMPLY WITH A PROVISION OF THIS TITLE IN SELECTING THE TRIAL JURY.
(2) A MOTION UNDER THIS SECTION SHALL CONTAIN A SWORN
STATEMENT OF FACTS THAT, IF TRUE, WOULD CONSTITUTE A SUBSTANTIAL
FAILURE TO COMPLY WITH THIS TITLE.
(C) ACCESS TO RECORD.
ON A SHOWING THAT A PARTY NEEDS ACCESS TO A RECORD TO PREPARE FOR A
HEARING ON A MOTION PENDING UNDER THIS SECTION, A TRIAL JUDGE MAY ALLOW
THE PARTY TO INSPECT AND COPY THE RECORD AS NEEDED TO PREPARE.
(D) EVIDENCE.
A MOVANT WHO FILES A MOTION IN ACCORDANCE WITH THIS SECTION IS
ENTITLED TO PRESENT RELEVANT EVIDENCE IN SUPPORT OF THE MOTION,
INCLUDING:
(1) THE TESTIMONY OF THE JURY COMMISSIONER; AND
(2) RELEVANT RECORDS, WHETHER OR NOT PUBLIC, THAT THE JURY
COMMISSIONER USED.
(E) DUTY OF TRIAL JUDGE.
(1) IF A TRIAL JUDGE FINDS A SUBSTANTIAL FAILURE TO COMPLY WITH
§ 8-102(B) OF THIS TITLE IN SELECTING A TRIAL JURY, THE TRIAL JUDGE SHALL STAY
THE CASE PENDING SELECTION OF A TRIAL JURY IN COMPLIANCE WITH THIS TITLE.
(2) IF A TRIAL JUDGE FINDS A SUBSTANTIAL FAILURE TO COMPLY WITH
A PROVISION OTHER THAN § 8-102(B) OF THIS TITLE IN SELECTING A TRIAL JURY AND
THE FAILURE IS LIKELY TO BE PREJUDICIAL TO THE MOVANT, THE TRIAL JUDGE
SHALL STAY THE PROCEEDING PENDING SELECTION OF A TRIAL JURY IN
COMPLIANCE WITH THIS TITLE.
COMMITTEE NOTE: This section is new language derived without substantive
change from former CJ §§ 8-212(c)(1) and 8-211(b) through (d)(2) and the
first sentence of (e), as they related to civil cases.
In subsection (a) of this section, reference to noncompliance with
requirements for summoning a jury are added to conform to Md. Rule
2-512(a) but the word "otherwise" is added to modify "selected", to clarify
that summoning is part of the overall selection process.
- 1988 -
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