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MARYLAND RULES OF PROCEDURE<br />

TITLE 5 - EVIDENCE<br />

CHAPTER 600 - WITNESSES<br />

AMEND Rule 5-606 to prohibit impeachment of a verdict by a<br />

juror's notes, as follows:<br />

Rule 5-606. COMPETENCY OF JUROR AS WITNESS<br />

(a) At the Trial<br />

A member of a jury may not testify as a witness before the<br />

jury in the trial of the case in which the juror is sitting. If<br />

the juror is called to testify, the opposing party shall be<br />

afforded an opportunity to object out of the presence of the<br />

jury.<br />

(b) Inquiry Into Validity of Verdict<br />

(1) In any inquiry into the validity of a verdict, a juror<br />

may not testify as to (A) any matter or statement occurring<br />

during the course of the jury's deliberations, (B) the effect of<br />

anything upon that or any other juror's mind or emotions as<br />

influencing the juror to assent or dissent from the verdict, or<br />

(C) the juror's mental processes in connection with the verdict.<br />

(2) A juror's affidavit or evidence of any statement by the<br />

juror concerning a matter about which the juror would be<br />

precluded from testifying may not be received for these purposes.<br />

(3) A juror's notes made in accordance with Rule 2-521 (a)<br />

or Rule 4-326 (a) may not be used to impeach a verdict.<br />

-106-

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