# Courts and Judicial Proceedings (GCJ)

## Title 8. Juries and Jurors

### Subtitle 4. Juries

#### Section 8-409

(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.

(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.

  (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.

(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.

(d) A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:

  (1) The testimony of the jury commissioner; and

  (2) Relevant records, whether or not public, that the jury commissioner used.

(e)

  (1) If a trial judge finds a substantial failure to comply with Sec. 8-102(b) of this title in selecting a grand jury, the judge shall:

    (i) Stay the case pending selection of a grand jury in compliance with this title; or

    (ii) Dismiss the charging document.

  (2) If a trial judge finds a substantial failure to comply with a provision other than Sec. 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:

    (i) Stay the case pending selection of a grand jury in compliance with this title; or

    (ii) Dismiss the charging document.

(f)

  (1) If a trial judge finds a substantial failure to comply with Sec. 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.

  (2) If a trial judge finds a substantial failure to comply with a provision other than Sec. 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.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)