Maryland Rules - Evidence

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Rule 5-101. Scope

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The Rules in Title 5 apply to all actions and proceedings in in the courts of Maryland, except: grand jury proceedings, extradition or rendition proceedings, direct contempt actions, small claims actions under Rule 3-701 and appeals under Rule 7-112 (d)(2), issuances of summons or warrant under Rule 4-212, preliminary hearings, post sentence procedures, sentencing in non capital cases, issuances of search warrant, detention and shelter car hearings and any other proceedings in which the court was traditionally not bound by the common law. The court in the interest of justice may decline to require strict application of the rules in Title 5, other than those relating to the competency of witnesses in these proceedings: determining preliminary questions of facts , proceedings of revocation of probation, hearings on petitions for postconviction relief, waiver hearings, hearings on coram nobis, &c.

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Rule 5-102. Purpose and Construction

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Title 5 rules shall be construed to secure fairness in administration, eliminate unjustifiable expense, and delay and promote the growth and development of the law of evidence so that truth can be determined and proceedings justly determined.

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5-103. Rulings on evidence
(a) effect of erroneous ruling

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There is no error on a ruling that admits or excludes evidence unless the party is prejudiced and (admitting evidence) a timely objection or motion to strike appears on the record, stating the specific ground of objection, if the specific ground was requested by the court or required by the rule; or
(excluding evidence) the substance of the evidence was made known to the court by offer on the record or was apparent by the context within which the evidence was offered. The court may direct the making of an offer in q & a form.

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Rule 5-103. Rulings on evidence
(b) Explanation of Ruling

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The court may add to the ruling any statement that shows the character of the evidence, the form in which it is offered and the objection made.

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Rule 5-103 (c). Rulings on evidence. Hearing of jury

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Proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to a jury by any means, such as making statements or offers of proof or asking a question with the hearing of the jury.

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Rule 5-104(a).Preliminary Questions. General Admissibility.

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Preliminary questions of admissibility about the qualifications of a person to be a witness, existence of a privilege, or admissibility of evidence shall be determined by the court, subject to the provisions of Rule 5-104(b). The court may decline to require strict application of the rules of evidence, except those relating to privilege and competency of witnesses.

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Rule 5.104 (b) Relevance conditioned of fact.

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When the relevance of evidence depends upon the fulfillment of a condition of fact, the court shall admit it, upon or subject to, the introduction of evidence to support a finding by the trier of fact that the condition has been fulfilled.

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Rule 5-104(d). Rulings on evidence.Testimony by accused and (e). Weight and credibility.

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The accused does not by testifying upon a preliminary question of admissibility become subject to cross examination about other issues in the case.
Rule 5-104 does not limit the right of a party to introduce before the trier of fact evidence relevant to weight or credibility.

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Rule 5-105. Limited admissibility

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When evidence is admitted that is admissible as to one party or for one purpose but not admissible as to another party or for another purpose, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury.

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Rule 5-106. Doctrine of completeness

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When part or all of a writing or recorded statement is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement that ought in fairness to be considered contemporaneously with it.

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Rule 504. Character evidence not admissible to prove conduct, exceptions and other crimes.
(a) - character evidence generally

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Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion.

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Rule 504. Character evidence not admissible to prove conduct, exceptions and other crimes.
(a) - character evidence generally (A) Character for accused.

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Evidence of a pertinent trait of character of an accused offered by the accused, or by the prosecution to rebut the same.

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Rule 504. Character evidence not admissible to prove conduct, exceptions and other crimes.
(a) - character evidence generally (B)Character of victim

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Evidence of a pertinent trait of character of the victim of the crime offered by an accused or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut the evidence that the victim was the first aggressor.

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Rule 504. Character evidence not admissible to prove conduct, exceptions and other crimes.
(a) - character evidence generally (C) Character of witness.

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Evidence of the character of a witness with regard to credibility, as provided in Rules 5-607, 5-608 and 5-609.

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Rule 504. Character evidence not admissible to prove conduct, exceptions and other crimes (b) other crimes, wrongs, or acts.

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Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, absence of mistake or accident.

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Rule 5-608. Evidence of character of witness for truthfulness or untruthfuless (a)impeachment and rehabilitation by character witnesses. (1) Impeachment by character witness.

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In order to attack the credibility of a witness, a character witness may testify that the witness has reputation or untruthfulness or that in the character witness's opinion, the witness is an untruthful person.

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Rule 5-608. Evidence of character of witness for truthfulness or untruthfuless (a) Impeachment and rehabilitation by character witnesses. 2) Rehabilitation by a character witness

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After the character for truthfulness of a witness has been attacked, a character witness may testify that the witness has a good reputation for truthfulness or that in the character witness's opinion, the witness is a truthful person.

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Rule 5-608. Evidence of character of witness for truthfulness or untruthfulness (a) Impeachment and rehabilitation by character witnesses 3). Limitations on character witness's testimony

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A character witness may not testify to an opinion as to whether a witness testified truthfully in the action. On direct examination, a character witness may give a reasonable basis for testimony as to reputation or an opinion as the the character of the witness for truthfulness or untruthfulness by the witness.

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Rule 5-608. Evidence of character of witness for truthfulness or untruthfulness (a) Impeachment and rehabilitation by character witnesses 4)Impeachment of a character witness.

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The court may permit a character witness to be cross-examined about specific instances in which a witness has been truthful or untruthful or about prior convictions of witness as permitted by Rule 5-609. Upon objection, however, the court may permit the inquiry only if the questioner, outside the hearing of the jury, establishes a reasonable basis for asserting that the prior instances occurred or that the convictions exist, and the prior instances of convictions are relevant to the witness's reputation or to the character witness's opinion as appropriate.

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Rule 5-608. Evidence of character of witness for truthfulness or untruthfulness b) impeachment by examination regarding witness's own prior conduct not resulting in convictions

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The court may permit any witness to be examined regarding the witness's own prior conduct that did not result in a conviction bu that the court finds probative of a character trait of untruthfulness. Upon objection, however, the court may permit the inquiry only if the questioner, outside the hearing of the jury, establishes a reasonable factual basis for asserting that he conduct of the witness occurred. The conduct may not be proved by extrinsic evidence.

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Rule 6-609 Impeachment by evidence of conviction of crime.

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For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness, but only if the crime was an infamous crime or other crime relevant to the witness's credibility and the court determines that the probative value of admitting this evidence outweighs the danger of unfair prejudice to the witness or objecting party.

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Rule 5-609. Impeachment by evidence of conviction of crime. Exceptions.

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Crimes ,older than 15 years, where the conviction has been reversed, vacated, subject to pardon, an appeal or application to appeal is pending or time for noting an appeal or filing an application for leave to appeal has not expired.