(a) Right preserved. — The right of trial by jury as guaranteed by the Maryland Constitution and the Maryland Declaration of Rights or as provided by law shall be preserved to the parties inviolate.
Rule 2-511.Trial by jury
Circuit Court · Last amended January 1, 2008 · Last verified July 13, 2026
In one sentenceProtects the right to a civil jury trial in Maryland circuit court, sets the jury at six members, and bars advisory verdicts on issues a jury has no right to decide.
Full Text of Rule 2-511
(b) Number of jurors. — The jury shall consist of six persons. With the approval of the court, the parties may agree to accept a verdict from fewer than six jurors if during the trial one or more of the six jurors becomes or is found to be unable or disqualified to perform a juror’s duty.
(c) Separation of jury. — The court, either before or after submission of the case to the jury, may permit the jurors to separate or require that they be sequestered.
(d) Advisory verdicts disallowed. — Issues of fact not triable of right by a jury shall be decided by the court and may not be submitted to a jury for an advisory verdict.
Amendment History
Amended Feb. 8, 1993; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.
Committee Note & Source
Source. This Rule is derived as follows: Section (a) is new and is derived in part from the 1966 version of Fed. R. Civ. P. 38 (a). Section (b) is derived from former Rule 544 and the 1991 version of Fed. R. Civ. P. 48. Section (c) is derived from former Rule 543 a 8. Section (d) is derived from former Rule 517.
Plain-English Summary
Rule 2-511 anchors the jury trial right guaranteed by the Maryland Constitution and Declaration of Rights, or by statute, and keeps it "inviolate" — meaning the procedures elsewhere in the rules can shape how a jury trial runs, but can't erode the underlying right. In practice, a Maryland civil jury has six members. If a juror becomes unable to serve or gets disqualified partway through trial, the parties can agree, with the court's approval, to finish with fewer than six rather than starting over.
The rule gives the trial judge discretion over whether jurors separate during breaks or get sequestered, before or after the case goes to the jury. And it draws a firm line around what juries decide: any fact question that isn't triable by right to a jury belongs to the court, and the court can't dress up its own decision as a jury's advisory verdict. That keeps the jury's role limited to the issues the Constitution or a statute gives it.
Frequently Asked Questions
How many jurors sit on a Maryland civil jury?
Six. That number can drop during trial only if a juror becomes unable or disqualified to continue, and even then only if the parties agree and the court approves proceeding with fewer.
Can the judge ask the jury to weigh in on an issue it has no right to decide?
No. Rule 2-511 disallows advisory verdicts — if an issue of fact isn't one a jury is entitled to decide, the court decides it and can't submit it to the jury anyway.
Is the jury automatically sequestered during trial?
No. The trial court decides whether jurors may separate during breaks or must be sequestered, and it can make that call either before or after the case is submitted to the jury.
Where does the right to a civil jury trial in Maryland come from?
Rule 2-511 doesn't create the right — it preserves whatever right already exists under the Maryland Constitution, the Maryland Declaration of Rights, or another law, and directs that the right be honored without dilution.
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: Maryland civil jury trial righthow many jurors in Maryland civil casesequestered jury Marylandadvisory jury verdict Marylandsix person jury Maryland circuit court