Md. R. Civ. P. Cir. Ct. 2-522

As amended through April 5, 2024

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.

(b) Verdict.

(1)Unanimity. Unless the parties stipulate at any time that a verdict or finding of a stated majority shall be taken as the verdict or finding of the jury, the verdict of a jury shall be unanimous.

(2)Verdict Containing Written Findings.

(A) Court May Require. The court may require a jury to return a verdict in the form of written findings upon specific issues. For that purpose, the court may use any method of submitting the issues and requiring written findings as it deems appropriate, including the submission of written questions susceptible of brief answers or of written forms of the several special findings that might properly be made under the pleadings and evidence. The court shall instruct the jury as may be necessary to enable it to make its findings upon each issue.

(B) Omission of Issue. If the court fails to submit any issue raised by the pleadings or by the evidence, all parties waive their right to a trial by jury of the issues omitted unless before the jury retires a party demands its submission to the jury. As to an issue omitted without such demand, the court may make a finding or, if it fails to do so, the finding shall be deemed to have been made in accordance with the judgment entered.

(3)Return in Open Court. A verdict shall be returned in open court. If the verdict is in the form of written findings pursuant to subsection (b)(2) of this Rule, the verdict sheet shall be handed to and examined by the judge prior to the announcement of the verdict or any harkening or polling. If there is any material inconsistency between the verdict as announced and the written findings, the court shall inform the jury and the parties of the inconsistency and invite and consider, on the record, the parties' position on any response.

(4)Polling. On request of a party or on the court's own initiative, the jury shall be polled before it is discharged. If the poll discloses that the jury, or stated majority, has not concurred in the verdict, the court may direct the jury to retire for further deliberations or may discharge the jury.

(5)Objections; Waiver. No party may assign as error the submission of issues to the jury, the instructions of the court, or the refusal of the court to submit a requested issue unless the party objects on the record before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the objection. Upon request of any party, the court shall receive objections out of the hearing of the jury.

Md. R. Civ. P. Cir. Ct. 2-522

This Rule is derived as follows:

Section (a) replaces former Rule 18 b from which it is in part derived.

Section (b) is in part new and in part derived from former Rules 560 and 759 a and e; from the 1937 version of Fed. R. Civ. P. 48 and from 1963 version of Fed. R. Civ. P. 49(a).

Adopted April 6, 1984, eff. 7/1/1984. Amended Nov. 1, 2001, eff. 1/1/2002; 11/12/2003, eff. 1/1/2004; 12/4/2007, eff. 1/1/2008; 11/21/2013, eff. 1/1/2014.

HISTORICAL NOTES

2001 Orders

The November 1, 2001, order, in section (a), substituted "prepare and file or dictate into the record for "dictate into the record or prepare and file in the action; in the catchline of section (c), substituted "Verdict Containing Written Findings for "Special Verdict, and in the first sentence of section (c), deleted "special preceding "verdict.

2003 Orders

The November 12, 2003, order amended the source note.

2007 Orders

The December 4, 2007, order, in section (b), substituted "jury, or stated majority, has for "required number of jurors have; and made stylistic changes.

2013 Orders

The November 21, 2013, order, added a procedure to address any material inconsistency between a jury's announced verdict and its written findings and made stylistic changes.