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Home/State Laws/Maryland

Maryland Mock Trial Rules

South

MD · Capital: Annapolis

Evidence Rules

Maryland Rules of Evidence

Citation: Md. Rules Title 5

Key Differences from Federal Rules of Evidence

  • Maryland codifies evidence rules as part of the Maryland Rules (Title 5) rather than a separate evidence code or statute
  • Maryland Rule 5-403 applies the same balancing test as FRE 403 but Maryland courts tend to give broader discretion to trial judges on exclusion
  • Maryland retains common-law privileges not codified in the rules, providing broader privilege protections than the FRE

Notable Rules

RuleDescription
Md. Rule 5-802.1Prior inconsistent statements made under oath are admissible as substantive evidence, broader than FRE 801(d)(1)(A)
Md. Rule 5-702Expert testimony admissibility uses the Frye-Reed general acceptance standard rather than Daubert for scientific evidence

Trial Procedure

Civil Procedure

Maryland Rules of Civil Procedure (Md. Rules Title 2)

Criminal Procedure

Maryland Rules of Criminal Procedure (Md. Rules Title 4)

Key Features

  • Maryland Circuit Courts are the trial courts of general jurisdiction; District Courts handle smaller civil claims and misdemeanors without juries
  • Maryland uses a Discovery Court for resolving discovery disputes efficiently in complex cases
  • Maryland permits business and technology cases to be assigned to specialized judges in Circuit Court

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

Yes

Unanimity Required

  • Civil juries consist of 6 jurors in Circuit Court
  • Criminal felony juries require 12 unanimous jurors
  • District Court cases are bench trials only (no jury right in District Court)

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Other South States

AL — AlabamaAR — ArkansasDE — DelawareFL — FloridaGA — GeorgiaKY — KentuckyLA — LouisianaMS — MississippiNC — North CarolinaOK — OklahomaSC — South CarolinaTN — TennesseeTX — TexasVA — VirginiaWV — West Virginia
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