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Cross reference: See Rule 5-802.1 (e).<br />

(b) (c) Jury Request to Review Evidence<br />

The court, after notice to the parties, may make available<br />

to the jury testimony or other evidence requested by it. In<br />

order that undue prominence not be given to the evidence<br />

requested, the court may also make available additional evidence<br />

relating to the same factual issue.<br />

(c) (d) Communications With Jury<br />

The court shall notify the parties of the receipt of any<br />

communication from the jury pertaining to the action before<br />

responding to the communication. All such communications between<br />

the court <strong>and</strong> the jury shall be on the record in open court or<br />

shall be in writing <strong>and</strong> filed in the action.<br />

Source: This Rule is derived as follows:<br />

Section (a) is new.<br />

Section (a) (b) is derived from former Rules 558 a, b <strong>and</strong> d <strong>and</strong><br />

758 b.<br />

Section (b) (c) is derived from former Rule 758 c.<br />

Section (c) (d) is derived from former Rule 758 d.<br />

REPORTER'S NOTE<br />

At the request of Chief Judge Bell, the Rules Committee<br />

considered the matter of control of jurors' notes, in light of<br />

Aron v. Brock, 118 Md. App. 475 (1997), cert. denied, 346 Md. 629<br />

(1997).<br />

Proposed amendments to Rules 2-521, 4-326, <strong>and</strong> 5-606<br />

pertaining to jurors’ notes that were included in the One Hundred<br />

Forty-First Report of the Rules Committee were rem<strong>and</strong>ed to the<br />

Committee, pending completion of the Report of the Council on<br />

Jury Use <strong>and</strong> Management. The Committee has considered the<br />

Council’s Report <strong>and</strong> has incorporated into the Rules the<br />

Council’s additional suggestions as to jurors’ notes.<br />

-102-

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