Md. Rule 5-617 (2026)

(a) Applicability. This Rule applies to evidence of an eyewitness identification obtained pretrial with the participation by personnel from a law enforcement agency that is offered over objection in a criminal case. Upon request of a party, this Rule may be applied in a civil case if relevant and appropriate to do so.

(b) Code Requirements. In determining whether eyewitness identification evidence is admissible, the court shall consider whether there was compliance with the requirements of Code, Public Safety Article, §§ 3-506 and 3-506.1.

Cross reference: See Small v. State, 464 Md. 68 (2019).

Source: This Rule is new.

Credits

[Adopted March 30, 2021, eff. July 1, 2021.]