{"data":{"id":"us-md/md.-code-courts-and-judicial-proceedings-8-409","jurisdiction":"us-md","citation":"Md. Code, Courts and Judicial Proceedings § 8–409","heading":"","body":"(a) This section sets forth the exclusive procedure by which a party in a criminal case may challenge a jury on the ground that the jury was not summoned or otherwise selected in compliance with this title.\n(b) (1) Before examination begins in a criminal case or, for good cause shown, after a jury is sworn but before it receives evidence, a party may move to dismiss a charging document or stay the case on the ground of substantial failure to comply with a provision of this title in selecting the grand or trial jury.\n(2) A motion under this section shall contain a sworn statement of facts that, if true, would constitute a substantial failure to comply with this title.\n(c) On a showing that a party needs access to a record to prepare for a hearing on a motion pending under this section, a trial judge may allow the party to inspect and copy a record as needed to prepare.\n(d) A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:\n(1) The testimony of the jury commissioner; and\n(2) Relevant records, whether or not public, that the jury commissioner used.\n(e) (1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a grand jury, the judge shall:\n(i) Stay the case pending selection of a grand jury in compliance with this title; or\n(ii) Dismiss the charging document.\n(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a grand jury and finds the failure likely to be prejudicial to the movant, the judge shall:\n(i) Stay the case pending selection of a grand jury in compliance with this title; or\n(ii) Dismiss the charging document.\n(f) (1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a trial jury, the trial judge shall stay the case pending selection of a trial jury in compliance with this title.\n(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a trial jury and the failure is likely to be prejudicial to the movant, the trial judge shall stay the proceeding pending selection of a trial jury in compliance with this title.","path":["Article - Courts and Judicial Proceedings"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj\u0026section=8-409","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:03Z","sha256":"22ebd7cbc3fc93bcb0e25ffb71f855746c4f4558f9eb7a06a3da85789c935209","source_id":"us-md","stale":false,"prev":"us-md/md.-code-courts-and-judicial-proceedings-8-408","next":"us-md/md.-code-courts-and-judicial-proceedings-8-412"},"notice":"GroundRules: Original legal text. Not legal advice."}