If at any stage of an action a question arises that is within the sole province of the court to decide, whether or not the action is triable by a jury, and if it would be convenient to have the question decided before proceeding further, the court, on motion or on its own initiative, may order that the question be presented for decision in the manner the court deems expedient. In resolving the question, the court may accept facts stipulated by the parties, may find facts after receiving evidence, and may draw inferences from these facts. The proceedings and decisions of the court shall be on the record, and the decisions shall be reviewable upon appeal after entry of an appealable order or judgment.
Rule 2-502.Separation of questions for decision by court
Circuit Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 2-502 lets a Maryland court carve out and decide, ahead of the rest of the case, any question that belongs solely to the judge rather than a jury, whenever deciding it early would move the case along, with the ruling made on the record and reviewable once an appealable order or judgment follows.
Full Text of Rule 2-502
Committee Note & Source
Committee note. When a question defined by this Rule involves one of the matters listed in Rule 2-322, the question should be raised and decided under the provisions of that Rule. When a judgment is sought and there is no genuine dispute as to any material fact, the question should be raised and decided under Rule 2-501. When the question is not a question within the sole province of the court to decide but it would nonetheless be convenient or less prejudicial to conduct a separate trial on the issue, it is appropriate to proceed under Rule 2-503 (b).
Source. This Rule is derived from former Rule 502.
Plain-English Summary
Some questions in a lawsuit belong to the judge no matter what, regardless of whether the rest of the case will be tried to a jury. Rule 2-502 gives the court a tool for handling those questions efficiently: at any stage, on its own initiative or on motion, the court can order that a question within its sole province be decided in whatever manner is convenient, ahead of the rest of the case, if doing so would help things move along. In resolving it, the court isn't limited to argument; it can accept facts the parties stipulate to, take evidence and find facts, and draw reasonable inferences from what it hears.
Two features anchor the rule. First, the proceedings and the court's decision have to be on the record, so there's something to review later. Second, that review happens on appeal, but only after an appealable order or judgment is entered, meaning a ruling under this rule generally isn't immediately appealable on its own. The Rules Committee has drawn clear lines around when this rule applies versus its neighbors: preliminary defenses listed in Rule 2-322 go through that rule, a question resolved because there's no genuine factual dispute goes through the summary judgment procedure in Rule 2-501, and if the issue isn't reserved to the judge but splitting it off would still be convenient or less prejudicial, the right tool is a separate trial under Rule 2-503(b).
Frequently Asked Questions
When would a Maryland judge decide an issue under Rule 2-502 instead of leaving it for the jury?
Rule 2-502 applies to questions that are within the sole province of the court to decide, regardless of whether the rest of the case is triable by a jury. The court can order such a question decided separately, on its own initiative or on motion, whenever doing so would be convenient.
Can I immediately appeal a ruling made under Rule 2-502?
Not on its own. Rule 2-502 says the court's decision is reviewable on appeal only after an appealable order or judgment has been entered in the case.
What's the difference between Rule 2-502 and a motion for summary judgment?
Rule 2-502 covers questions that belong to the judge regardless of any factual dispute. If the issue instead turns on whether there's a genuine dispute of material fact, the Committee note to Rule 2-502 directs parties to raise it under Rule 2-501 instead.
What's the difference between Rule 2-502 and ordering separate trials under Rule 2-503?
Rule 2-502 is for questions reserved solely to the court. When an issue isn't one the court alone must decide, but separating it out would still be convenient or reduce prejudice, the Committee note to Rule 2-502 points to Rule 2-503(b), which governs separate trials generally.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: bench decision issue marylandcourt-only question maryland civilseparate trial of legal issuesole province of the court marylandbifurcation maryland civil case