Maryland Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness
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FAQ
You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.
You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.
In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.
A credible witness is a witness who comes across as competent and worthy of belief. Their testimony is assumed to be more than likely true due to their experience, knowledge, training, and sense of honesty. The judge and jurors will use these factors to determine whether they believe the witness is credible.
Rule 2-520 - Instructions to the Jury (a) When Given. The court shall give instructions to the jury at the conclusion of all the evidence and before closing arguments and may supplement them at a later time when appropriate. In its discretion, the court may also give opening and interim instructions.
The court may, and on request of any party shall, provide paper notepads for use by sworn jurors, including any alternates, during trial and deliberations. The court shall maintain control over the jurors' notes during the trial and promptly destroy the notes after the trial.
Clearly, the substance of the testimony, the amount of detail and the accuracy of recall of past events affect the credibility determination. Whether the witness contradicts him or herself or is contradicted by the testimony of other witnesses can play a part in the credibility determination.
Rule 2-522 - Court Decision-Jury Verdict (a) Court Decision. In a contested court trial, the judge, before or at the time judgment is entered, shall prepare and file or dictate into the record a brief statement of the reasons for the decision and the basis of determining any damages.
A. Rule 2-512 Explicitly Authorizes Attorney Conducted Voir Dire. Md. Rule 2-512(d)(1) states that ?[t]he trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties.? Id.
Maryland Rule 4-325(c) states as follows: The court may, and at the request of any party shall, instruct the jury as to the applicable law and the extent to which the instructions are binding[.] The court need not grant a requested instruction if the matter is fairly covered by instructions actually given.