The Residual Hearsay Exceptions: Maryland's Lukewarm Welcome

Abstract

On July 1, 1994 Maryland codified its rules of evidence, bringing them into accord with the substance of the Federal Rules of Evidence, In doing so, Maryland followed the trend set by thirty-seven other states. The codified evidence rules, known collectively as Title 5 of the Maryland Rules, were made applicable to "all actions and proceedings in the courts of this State," with some exceptions. Additionally, the newly codified rules give Maryland courts the discretion to avoid strict application of the rules in certain proceedings.

One of the more difficult questions that the Court of Appeals of Maryland considered when it codified the rules of evidence was whether to adopt some form of .the residual hearsay exceptions set forth in the Federal Rules of Evidence.

This Article will explore the historical development of the hearsay rule and will focus on the residual hearsay exceptions. It will discuss the development of the residual exceptions and some of the challenges that the federal courts have encountered when interpreting them. It will also examine Confrontation Clause concerns that have been generated by the use of residual hearsay exceptions in criminal trials. Finally, it will discuss the background and substance of Maryland's recently adopted residual exceptions and how those rules differ from their federal counterparts.

Keywords: Maryland, rules of evidence, Federal Rules of Evidence, Maryland Rules, residual hearsay exceptions, hearsay rule, federal courts, Confrontation Clause, constitutional law, criminal trials, legal history

JEL Classification: K19, K39, K49