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Rule 2-521.Jury — Review of evidence — Communications

Circuit Court · Last amended July 1, 2024 · Last verified July 13, 2026

In one sentenceCovers juror notetaking, what jurors may bring into deliberations, requests to review evidence, and how the court must handle any communication from the jury.

Full Text of Rule 2-521

Text sizeJump to: (a) (b) (c) (d)

(a) Jurors’ notes. — The court may, and on request of any party shall, provide paper notepads for use by sworn jurors, including any alternates, during trial and deliberations. The court shall maintain control over the jurors’ notes during the trial and promptly destroy the notes after the trial. Notes may not be reviewed or relied upon for any purpose by any person other than the author. If a sworn juror is unable to use a notepad because of a disability, the court shall provide a reasonable accommodation.
(b) Items taken to jury room. — Sworn jurors may take their notes with them when they retire for deliberation. Unless the court for good cause orders otherwise, the jury may also take exhibits that have been admitted in evidence, except that a deposition may not be taken into the jury room without the agreement of all parties and consent of the court. Written or electronically recorded instructions may be taken into the jury room only with the permission of the court.
(c) Jury request to review evidence. — The court, after notice to the parties, may make available to the jury testimony or other evidence requested by it. In order that undue prominence not be given to the evidence requested, the court may also make available additional evidence relating to the same factual issue.
(d) Communications with jury. —
(1) Instruction to Use Juror Number. — The judge shall instruct the jury, in any preliminary instructions and in instructions given prior to jury deliberations that, in any written communication from a juror, the juror shall be identified only by juror number.
(2) Notification of Judge; Duty of Judge. —
(A) A court official or employee who receives any written or oral communication from the jury or a juror shall immediately notify the presiding judge of the communication.
(B) The judge shall determine whether the communication pertains to the action. If the judge determines that the communication does not pertain to the action, the judge may respond as the judge deems appropriate.
(C) If the judge determines that the communication pertains to the action, the judge shall promptly, and before responding to the communication, direct that the parties be notified of the communication and invite and consider, on the record, the parties’ position on any response. The judge may respond to the communication in writing, or orally in open court on the record.
(3) Duty of Clerk. —
(A) The clerk shall enter on the docket (i) the date and time that each communication from the jury or a juror was received by or reported to the judge, (ii) whether the communication was written or oral, and, if oral, the nature of the communication, (iii) whether the judge concluded that the communication pertained to the action, and (iv) if so, whether the parties and attorneys were notified and had an opportunity on the record to state their position on any response.
(B) The clerk shall enter in the electronic or paper file each written communication from the jury or a juror and each written response by the judge. Any identification of a juror other than the juror number shall be redacted.
(C) In any entry made by the clerk, a juror shall be identified only by juror number.

Amendment History

Amended Dec. 15, 1993, effective July 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; Dec. 4, 2007, effective Jan. 1, 2008; Oct. 17, 2013, effective Jan. 1, 2014; March 3, 2015, effective July 1, 2015; March 1, 2024, effective July 1, 2024.

Committee Note & Source

Cross references. See Rule 5-802.1 (e).

Committee note. Whether a communication pertains to the action is defined by case law. See, for example, Harris v. State, 428 Md. 700 (2012) and Grade v. State, 431 Md. 85 (2013).

Source. This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former Rules 558 a, b and d and 758 b.

Section (c) is derived from former Rule 758 c.

Section (d) is derived in part from former Rule 758 d and is in part new.

Plain-English Summary

Jurors get paper notepads on request — the court can also provide them on its own — and must accommodate a sworn juror who can't use one because of a disability. The court controls those notes throughout trial and destroys them promptly afterward; no one but the juror who wrote them may read or rely on them. Jurors can carry their notes into deliberations, along with any exhibits already admitted, unless the court orders otherwise for good cause. A deposition can't go into the jury room without every party's agreement and the court's consent, and written or recorded instructions need the court's permission to go back with the jury.

If the jury asks to review testimony or other evidence during deliberations, the court can make it available after notifying the parties, and may also provide related evidence on the same factual issue so the requested material doesn't get outsized weight. Every juror communication gets handled the same careful way: any note or message is signed only with a juror number, never a name. A court employee who receives a jury communication must tell the judge right away. The judge decides whether it relates to the case — if not, the judge can respond directly; if it does relate to the case, the judge must notify the parties first and consider their input on the record before responding, either in writing or orally in open court. The clerk documents every communication on the docket — when it arrived, whether it was written or oral, whether the judge found it case-related, and whether the parties had a chance to weigh in — and keeps a copy of each written communication and response in the file, with any juror name other than the juror number redacted.

Frequently Asked Questions

Can jurors take notes during a Maryland civil trial?

Yes. The court may provide notepads and must do so on request. It controls the notes during trial, destroys them afterward, and only the juror who wrote a note may review or rely on it.

What can jurors bring into the jury room?

Their own notes and any exhibits already admitted into evidence, unless the court orders otherwise for good cause. A deposition needs every party's agreement plus the court's consent, and written or recorded instructions need the court's permission.

What happens if the jury asks to review evidence during deliberations?

The court can make the requested testimony or evidence available after notifying the parties, and may add related evidence on the same issue so the requested material isn't given undue weight.

How does the court handle a note from the jury?

A court employee who receives it must notify the judge immediately. The judge decides whether it pertains to the case; if it does, the judge notifies the parties, considers their input on the record, and then responds in writing or orally in open court.

How is juror identity protected in the case file?

Jurors are identified only by juror number in any communication or docket entry, and any other identifying information in a written communication is redacted before it goes into the file.

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
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