Rule 2-521.Jury — Review of evidence — Communications
Circuit Court · Last amended July 1, 2024 · Last verified July 13, 2026
Full Text of Rule 2-521
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.