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(2) Capital Cases
In cases in which the death penalty may be imposed, the
court shall appoint and retain alternate jurors as required by
Code, Criminal Law Article, §2-303 (d).
(3) Non-Capital Cases
(A) Applicability
Subsection (b)(3) of this Rule applies in cases other
than cases in which the death penalty may be imposed.
(B) Generally
In all other cases, the The court may direct that one
or more jurors be called and impanelled to sit as alternate
jurors. Any juror who, before the time the jury retires to
consider its verdict juror’s service is completed, becomes or is
found to be unable or disqualified to perform a juror's duty,
shall be replaced by an alternate juror in the order of
selection. An alternate juror who does not replace a juror shall
be discharged when the jury retires to consider its verdict at
such time as the court concludes that the juror’s service is
completed.
(C) Retaining Alternate Jurors
The court may retain alternate jurors after the jury
retires to deliberate. The court shall ensure that a retained
alternate does not discuss the case with anyone until that
alternate replaces a juror or is discharged. If an alternate
replaces a juror after deliberations have begun, the court shall
instruct the jury to begin its deliberations anew.
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