Md. R. Elec. Prac. in Judi. Proce. 21-202
This Rule applies to civil actions that the county's case management plan provides are eligible for a virtual jury trial. Cross reference: See Rule 16-302(b).
Except to the extent of any inconsistency with this Rule, the other applicable Maryland Rules apply. To the extent there is any inconsistency, this Rule prevails.
In any case where (1) the parties consent to and the county administrative judge approves a virtual jury trial or (2) the court orders a virtual trial due to a state of emergency declared by the Governor and the Chief Justice of the Supreme Court, the trial shall proceed through remote video conferencing.
Committee note: The need for this Rule was a consequence of the COVID-19 pandemic. While not limited to pandemics or other natural disasters, the invocation of this Rule should be considered only in the most dire and emergent circumstances.
If the court anticipates conducting a virtual jury trial in an action, or upon motion of a party, the court shall conduct a scheduling conference pursuant to Rule 2-504.1. At the scheduling conference, any party may note an objection to a virtual jury trial and provide reasons for the objection. The court shall consider the objection prior to determining whether a virtual jury trial will be held.
The court shall conduct a pretrial conference no later than ten days before a virtual jury trial.
To the extent practicable, all proposed exhibits, other than rebuttal and impeachment exhibits, and requested jury selection questions shall be filed with the court and served on the other parties at least ten days before the pretrial conference. To the extent practicable, any objections to the admissibility of an exhibit shall be filed and served within three days after service of the proposed exhibit.
In addition to the matters listed in Rule 2-504.2(b), the court shall consider the following matters in preparation for a virtual jury trial:
Following the pretrial conference, the court shall enter a Pretrial Conference Order reciting the actions taken and stipulations made. The Order shall control the subsequent proceedings and may be modified only to prevent manifest injustice.
A juror qualification form may be used to collect information regarding a juror's ability to participate in a virtual jury trial. The contents of the form shall comply with Rule 16-309(b). Except as provided in Rule 2-512(c), responses to juror qualification forms shall remain confidential.
Jury selection may occur by video conferencing. In advance of the examination, case-specific written questionnaires may be used to elicit appropriate information. The parties shall have access to the jurors' responses to case-specific written questionnaires in advance of the examination to expedite the selection process.
In addition to the alternates ordinarily selected for an in-person jury trial, the court may select up to two additional alternate jurors to serve on the jury panel.
Committee note: The additional alternate jurors permitted by subsection (d)(1)(C) of this Rule account for jurors who experience technical difficulties that could prevent them from continuing with the trial or who develop a health-related issue that requires them to be excused.
Committee note: The court's instructions for contacting designated court staff to convey technical problems or other issues during trial may include instructions for the jurors to contact staff by phone call, text messaging, e-mail, or through video conferencing.
Jurors shall be permitted to take notes but shall be instructed to destroy or delete those notes at the conclusion of the trial. A juror's notes may not be reviewed or relied upon for any purpose by any person other than the author.
Cross reference: See Rule 2-521(a) regarding jurors' notes during an in-person trial.
The court shall arrange for documentary evidence and a verdict sheet to be presented in a digital viewing format that is secure and available for juror access during deliberations.
Jurors shall deliberate using the video conferencing software used to participate during the virtual jury trial. For deliberations, jurors shall be placed in a separate virtual breakout room, and no one other than the jurors shall be allowed access to the virtual deliberation room. The court shall ensure that jury deliberations are not recorded by the court's video conferencing software or recording equipment. Immediately before deliberations begin and at the conclusion of each break in deliberations, the court shall instruct the jurors not to record or permit the recording of any portion of the deliberations. Once a verdict has been reached, the jury foreperson shall notify the designated officer of the court, who then shall notify the judge.
Once a verdict has been reached, the jury shall be moved from the separate virtual breakout room to the virtual courtroom to return the verdict. The jury shall be polled before it is discharged. If the poll discloses that the jury, or stated majority, has not concurred in the verdict, the court may direct the jury to retire for further deliberations or may discharge the jury.
Committee note: Although for in-person jury trials, Rule 2-522(b)(4) requires polling of the jury "on request of a party or on the court's own initiative," subsection (d)(6) of this Rule requires polling of the jury for all virtual jury trials in which a verdict has been reached.
All communications by a juror shall be made to the court employee designated by the judge to receive them. Upon receipt of a communication from the jury or a juror, the designated employee promptly shall notify the judge of the communication. If the judge determines that the communication pertains to the action, the judge promptly, and before responding to the communication, shall direct that the parties be notified of the communication and invite and consider, on the record, the parties' positions on any response.
Cross reference: See Rule 2-521(d) for communications with the jury during an in-person trial.
In accordance with the standards and requirements set forth in Rule 21-104, court personnel, parties to a case, and witnesses may use technological equipment and video conferencing software to facilitate a virtual jury trial. A juror may use an electronic device with audio and video capabilities and video conferencing software to participate in the virtual jury trial. A juror may not use the electronic device for any purpose other than participating in the virtual jury trial while the trial is in session. Except during periods specified by the judge or as otherwise permitted by this Rule, other electronic devices shall be turned off or set on silent mode while the trial is in session.
Committee note: An example of a permitted use of an electronic device that otherwise is required to be turned off or set on silent mode is the use of the juror's cell phone to contact designated court staff regarding a technical problem with the video conferencing software.
A person may not record, download, or transmit an audio, audio-video, video, or still image of proceedings under this Rule except as directed by the court for compliance with Rule 21-104(e) and (f). Source: This Rule is derived from former Rule 2-807(2023).
Md. R. Elec. Prac. in Judi. Proce. 21-202