Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 10-901
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 10-901
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Oath: A promise to tell the truth.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Subject to subsection (c) of this section, before admitting a statement under this section, the court shall hold a hearing outside the presence of the jury at which:
(1) The Maryland Rules of Evidence are strictly applied; and
(2) The court finds by a preponderance of the evidence that the party against whom the statement is offered engaged in, directed, or conspired to commit the wrongdoing that procured the unavailability of the declarant.
(c) A statement may not be admitted under this section unless:
(1) The statement was:
(i) Given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
(ii) Reduced to writing and signed by the declarant; or
(iii) Recorded in substantially verbatim fashion by stenographic or electronic means contemporaneously with the making of the statement; and
(2) As soon as is practicable after the proponent of the statement learns that the declarant will be unavailable, the proponent notifies the adverse party of:
(i) The intention to offer the statement;
(ii) The particulars of the statement; and
(iii) The identity of the witness through whom the statement will be offered.