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MARYLAND RULES OF PROCEDURE<br />

TITLE 4 - CRIMINAL CAUSES<br />

CHAPTER 300 - TRIAL AND SENTENCING<br />

AMEND Rule 4-326 to add certain provisions concerning the<br />

use of juror notes <strong>and</strong> notepads, as follows:<br />

Rule 4-326. JURY - REVIEW OF EVIDENCE - COMMUNICATIONS<br />

(a) Jurors' Notes<br />

The court may, <strong>and</strong> upon request of any party shall,<br />

provide paper notepads for use by jurors during trial <strong>and</strong><br />

deliberations. The court shall maintain control over the<br />

notepads during the trial <strong>and</strong> promptly destroy them after the<br />

trial. A juror's notes may not be reviewed or relied upon for<br />

any purpose by any person other than the juror. If a juror is<br />

unable to use a notepad because of a disability, the court shall<br />

provide a reasonable accommodation.<br />

(a) (b) Items Taken to Jury Room<br />

Jurors may take notes regarding the evidence <strong>and</strong> they may<br />

keep the notes their notepads with them when they retire for<br />

their deliberations. Unless the court for good cause orders<br />

otherwise, the jury may also take the charging document <strong>and</strong><br />

exhibits which have been admitted in evidence, except that a<br />

deposition may not be taken into the jury room without the<br />

agreement of all parties <strong>and</strong> the consent of the court.<br />

Electronically recorded instructions or oral instructions reduced<br />

-104-

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