Maryland Rules of Evidence


Rules of Evidence are a set of evidence rules that authorize how to collect, present and apply evidence for each case.  Rules of Evidence of Maryland govern proceedings in the courts of Maryland.  This Rule is derived without substantive change from Federal Rules of evidence.

These rules apply to all actions and proceedings in the courts of this state.  However, the rules do not apply to the following proceedings other than those relating to the competency of witnesses:

(1) Proceedings before grand juries.
(2) Proceedings for extradition or rendition.
(3) Direct contempt proceedings in which the court may act summarily.
(4) Small claim actions under Rule 3-701 and appeals under Rule 7-112 (d)(2).
(5) Issuance of a summons or warrant under Rule 4-212.
(6) Pretrial release under Rule 4-216 or release after conviction under Rule 4-349.
(7) Preliminary hearings under Rule 4-221.
(8) Post-sentencing procedures under Rule 4-340.
(9) Sentencing in non-capital cases under Rule 4-342.
(10) Issuance of a search warrant under Rule 4-601.
(11) Detention and shelter care hearings under Rule 11-112; and.
(12) Any other proceeding in which, prior to the adoption of the rules , the court was traditionally not bound by the common-law rules of evidence.

The rules are construed to secure fairness in administration, eliminate unjustifiable expense and delay, and promote the growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

Table of contents of Maryland Rules of Evidence

CHAPTER 100. GENERAL PROVISIONS 6

Rule 5-101. Scope.

Rule 5-102. Purpose and construction.

Rule 5-103. Rulings on evidence.

Rule 5-104. Preliminary questions.

Rule 5-105. Limited admissibility.

Rule 5-106. Remainder of or related writings or recorded statements.

CHAPTER 200. JUDICIAL NOTICE 1

Rule 5-201. Judicial notice of adjudicative facts.

CHAPTER 300. PRESUMPTIONS IN CIVIL ACTIONS 2

Rule 5-301. Presumptions in civil actions.

Rule 5-302. Applicability of presumption of another jurisdiction in civil actions.

CHAPTER 400. RELEVANCY AND ITS LIMITS 12

Rule 5-401. Definition of “relevant evidence”.

Rule 5-402. Relevant evidence generally admissible; irrelevant evidence inadmissible.

Rule 5-403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.

Rule 5-404. Character evidence not admissible to prove conduct; exceptions; other crimes.

Rule 5-405. Methods of proving character.

Rule 5-406. Habit; routine practice.

Rule 5-407. Subsequent remedial measures.

Rule 5-408. Compromise and offers to compromise.

Rule 5-409. Payment of medical and similar expenses.

Rule 5-410. Inadmissibility of pleas, plea discussions, and related statements.

Rule 5-411. Liability insurance.

Rule 5-412. Sex offense cases; relevance of victim’s past behavior.

CHAPTER 600. WITNESSES 15

Rule 5-601. General rule of competency.

Rule 5-602. Lack of personal knowledge.

Rule 5-603. Oath or affirmation.

Rule 5-605. Competency of judge as witness.

Rule 5-606. Competency of juror as witness.

Rule 5-607. Who may impeach.

Rule 5-608. Evidence of character of witness for truthfulness or untruthfulness.

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

Rule 5-610. Religious beliefs or opinions.

Rule 5-611. Mode and order of interrogation and presentation: control by court; scope of cross-examination; leading …

Rule 5-612. Writing or other item used to refresh memory.

Rule 5-613. Prior statements of witnesses.

Rule 5-614. Calling and interrogation of witness by court.

Rule 5-615. Exclusion of witnesses.

Rule 5-616. Impeachment and rehabilitation — Generally.

CHAPTER 700. OPINIONS AND EXPERT TESTIMONY 6

Rule 5-701. Opinion testimony by lay witnesses.

Rule 5-702. Testimony by experts.

Rule 5-703. Bases of opinion testimony by experts.

Rule 5-704. Opinion on ultimate issue.

Rule 5-705. Disclosure of facts or data underlying expert opinion.

Rule 5-706. Court appointed experts.

CHAPTER 800. HEARSAY 7

Rule 5-801. Definitions.

Rule 5-802. Hearsay rule.

Rule 5-802.1. Hearsay exceptions — Prior statements by witnesses.

Rule 5-803. Hearsay exceptions: Unavailability of declarant not required.

Rule 5-804. Hearsay exceptions; declarant unavailable.

Rule 5-805. Hearsay within hearsay.

Rule 5-806. Attacking and supporting credibility of declarant.

CHAPTER 900. AUTHENTICATION AND IDENTIFICATION 3

Rule 5-901. Requirement of authentication or identification.

Rule 5-902. Self-authentication.

Rule 5-903. Subscribing witness testimony unnecessary.

CHAPTER 1000. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 8

Rule 5-1001. Definitions.

Rule 5-1002. Requirement of original.

Rule 5-1003. Admissibility of duplicates.

Rule 5-1004. Admissibility of other evidence of contents.

Rule 5-1005. Public records.

Rule 5-1006. Summaries.

Rule 5-1007. Testimony or written admission of party.

Rule 5-1008. Functions of court and jury.