Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 8-409
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 8-409
- 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.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- including: means includes or including by way of illustration and not by way of limitation. See
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
(b) (1) Before examination begins in a criminal case or, for good cause shown, after a jury is sworn but before it receives evidence, a party may move to dismiss a charging document or stay the case on the ground of substantial failure to comply with a provision of this title in selecting the grand or trial jury.
(2) A motion under this section shall contain a sworn statement of facts that, if true, would constitute a substantial failure to comply with this title.
(c) On a showing that a party needs access to a record to prepare for a hearing on a motion pending under this section, a trial judge may allow the party to inspect and copy a record as needed to prepare.
(d) A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:
(1) The testimony of the jury commissioner; and
(2) Relevant records, whether or not public, that the jury commissioner used.
(e) (1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a grand jury, the judge shall:
(i) Stay the case pending selection of a grand jury in compliance with this title; or
(ii) Dismiss the charging document.
(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a grand jury and finds the failure likely to be prejudicial to the movant, the judge shall:
(i) Stay the case pending selection of a grand jury in compliance with this title; or
(ii) Dismiss the charging document.
(f) (1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a trial jury, the trial judge shall stay the case pending selection of a trial jury in compliance with this title.
(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a trial jury and the failure is likely to be prejudicial to the movant, the trial judge shall stay the proceeding pending selection of a trial jury in compliance with this title.