White noise at the bench in a Maryland jury trial, why is this the case?


If you have ever been in a Maryland courtroom you have probably heard some type of noise blocking out the sound of the judge and the other parties at the bench. The question for many people is why is this case? What is it that is not supposed to be heard?


This Maryland medical malpractice educational article will look at that question. Because I have heard some interesting, to say the least, reasons for this white noise by individuals in the courtroom I thought it would be a great idea to explain why you hear this white noise.




The jury will be the sole decider of the facts in a case. For example, whether the doctor did fall below the standard of care causing the plaintiff’s injury will be decided by the jury. Add to this, if there is a dispute as to whether the doctor really did explain some of the critical issues to the patient before the patient elected to have a procedure done, then the jury will make the final call on how things played out.


This is an exact opposite of what the role of the judge is in a jury trial. Many people are not aware that both the judge and jury have different roles in a Maryland jury trial.




One of the main functions of a judge in a Maryland jury trial is to deal with the issues of law which come up as the trial proceeds. For example, let us say that a person in a car crash soon after the crash tells a witness that the light was red for the other driver. That witness is then called to court to testify as to what color the light was at the time of the crash.


When this witness starts to testify more than likely the defense is going to object to the testimony of the witness on hearsay and other grounds. The other side may counter the objection with a hearsay exception like the Rule on an excited utterance.


With the above said, the judge may want both attorneys to approach the bench and argue this legal point before making a ruling. Because the judge is the decider of all issues of law, the judge may use the white noise to prevent the jury from hearing this back and forth due to the fact it may confuse the jury. Remember, as I said above, the role of the jury is to deal with the facts and not issues of law.




White noise at the bench in a Maryland jury trial should now be clear to you. To sum it up, this noise is here to prevent the jury from hearing possibly confusing and irrelevant information in the fulfillment of their duties.


If you would like to speak with me further regarding your injury, or your child’s birth injury, this is what I invite you to do. Pick up the phone and give me a call. It costs you nothing to just call me.
I can be reached at 301-850-4832.
I answer Maryland birth injury and medical malpractice questions like yours all the time and I would be happy to listen to your story.


Boston Law Group, LLC
2 Wisconsin Circle
Suite 700
Chevy Chase, Maryland 20815



Marcus Boston is a Maryland medical malpractice attorney who helps people navigate the Maryland childbirth injury and medical malpractice process to get money for their injuries caused by the carelessness of doctors and hospitals.