Maryland Civil Discovery Rules and Procedures

Maryland's civil discovery system is governed by the Maryland Rules of Procedure, primarily Md. Rule 2-401 through 2-443. These rules establish comprehensive discovery mechanisms available to parties in civil litigation. Understanding Maryland's specific requirements—including its unique numerical limits, timing rules, and procedural safeguards—is essential for effective case management.

Mandatory Initial Disclosures

Unlike the federal rules, Maryland does NOT require mandatory initial disclosures. There is no requirement analogous to Federal Rule 26(a)(1) that obligates parties to automatically disclose witnesses, documents, or damage calculations before being asked.

However, Maryland does require parties to disclose certain information under specific circumstances:

Expert witnesses: Expert designations must be made in compliance with Md. Rule 2-402, discussed below

Court orders: The trial judge may enter a scheduling order requiring initial disclosures under Md. Rule 2-401(g)

Settlement conferences: Parties may be required to exchange position papers or settlement statements before alternative dispute resolution

The absence of mandatory disclosure means that the burden falls on the requesting party to identify and request information through formal discovery. This places a premium on early investigation and strategic planning.

Interrogatories

Md. Rule 2-421 governs interrogatories in Maryland civil litigation.

Numerical Limits

A party may serve no more than 30 interrogatories on any single party without court approval. This limit includes all discrete subparts. The rule specifically states that compound, conjunctive, or disjunctive interrogatories count as multiple interrogatories if they include multiple requests for information.

Critical Point: Courts strictly enforce this 30-interrogatory limit. An interrogatory with three separate subparts (a, b, c) counts as three interrogatories. Attempting to circumvent the limit by combining questions is grounds for a motion to strike or motion to compel.

Format Requirements

Each interrogatory must be numbered sequentially

Interrogatories must be in writing

They must relate to matters within the scope of discovery under Md. Rule 2-401(a)

Definitions and instructions may be included, but they do not count toward the 30-interrogatory limit

Time to Respond

The responding party has 30 days to respond, unless the court orders a different time period or the parties agree otherwise under Md. Rule 2-421(d). This 30-day clock begins when the interrogatories are served. Extensions are not automatic; the responding party must obtain agreement from the opposing party or seek a court order.

Objections

A responding party may object to an interrogatory on several grounds:

The interrogatory is not within the scope of permissible discovery

It seeks privileged information

It is unduly burdensome or seeks information not reasonably available

It is vague, ambiguous, or assumes facts not in evidence

It violates the 30-interrogatory limit

Objections must be stated with specificity. A blanket objection that an interrogatory is "overly broad" or "unduly burdensome" is insufficient without explanation. Under Md. Rule 2-421(c), if an interrogatory is objectionable only in part, the responding party must answer the remainder of the interrogatory.

Common Pitfall: Failing to serve objections along with answers. In Maryland, objections and answers are served together. If a party fails to object timely, the objection may be waived.

Requests for Production of Documents

Md. Rule 2-422 establishes the procedure for document requests.

Scope

Requests may seek:

Documents and tangible things in the possession, custody, or control of the responding party

Information accessible through normal retrieval methods

Documents prepared or obtained by the responding party, even if currently held by others

Electronically stored information (ESI) meeting the criteria in Md. Rule 2-422(g)

The requesting party does not need to prove ownership or possession—only that the documents are within the responding party's "possession, custody, or control."

Format Requirements

Requests must be in writing and numbered sequentially

They should describe the items with reasonable particularity

Document requests may be unlimited in number (unlike interrogatories), but they remain subject to the proportionality requirement in Md. Rule 2-401(b)

Requests may specify format, location, and organization of production

Time to Respond

The responding party has 30 days to respond and produce documents under Md. Rule 2-422(d), unless the parties agree otherwise or the court orders a different period. This differs from federal practice, which also allows 30 days but with explicit agreement to extend.

Electronically Stored Information (ESI)

Maryland addressed ESI discovery comprehensively:

Format: Absent agreement or court order, ESI must be produced in the format in which it is ordinarily maintained or a format that is reasonably usable (Md. Rule 2-422(g)(1))

Metadata: The responding party is generally not required to produce metadata unless specifically requested and shown to be relevant

Inaccessible data: A party need not produce ESI from sources identified as not reasonably accessible without demonstrating undue burden under Md. Rule 2-422(g)(2)

Agreements encouraged: The rules encourage parties to agree on ESI protocols early, including whether search terms will be used, whether privilege logs will be necessary, and how production will be managed

Practical Consideration: Early discussion of ESI expectations prevents disputes during production. A pre-discovery conference to discuss data sources, custodians, and document retention policies is a best practice.

Requests for Admission

Md. Rule 2-423 governs requests for admission.

Numerical Limits

Unlike interrogatories, Maryland does not impose a numerical limit on requests for admission. However, requests remain subject to the proportionality requirement, and a party cannot use admission requests as a disguised interrogatory to extract narrative responses.

Format and Scope

Requests for admission may seek admission of:

The truth of facts

The authenticity of documents

The application of law to facts

Legal conclusions (though courts disfavor these)

Time to Respond

A party has 30 days to respond under Md. Rule 2-423(b), unless extended by agreement or court order.

Deemed Admissions

This is a critical—and often overlooked—aspect of Maryland discovery. If a party fails to respond to a request for admission within 30 days, the matters are automatically admitted. There is no additional step required; the failure itself constitutes an admission.

Key Exception: A party can avoid the deemed admission by:

Filing a motion to withdraw or amend the admission under Md. Rule 2-423(c) within a reasonable time, demonstrating good cause

Showing that the failure was inadvertent or excusable neglect

Establishing that the opposing party would not be prejudiced by allowing withdrawal

Courts are generally more lenient with withdrawing admissions than with other discovery violations, but the burden is on the moving party to demonstrate that the failure was not willful.

Practical Pitfall: Many practitioners underestimate the consequences of a defaulted response. A single failure to respond can admit 25 or 30 facts in a single request, potentially destroying an otherwise defensible position. Calendar deadlines for admission responses with the same care as trial deadlines.

Depositions

Md. Rule 2-411 and 2-412 establish deposition procedures.

Number of Depositions

Maryland allows depositions of any party or non-party witness, but the rules limit the number per side:

Without court order: A party may notice depositions of any reasonable number of witnesses, but the implicit limit is that the number must be reasonable given the complexity of the case

Specific cap for parties: Each side may depose the opposing party (or parties in a multi-party case) without leave of court

Multiple depositions of same person: The same witness may generally only be deposed once, absent court order or agreement

Duration Limits

Deposition time limit: 7 hours per deposition under Md. Rule 2-412(b), unless extended by court order or stipulation

Daily limits: Depositions must be concluded within one day unless parties agree otherwise

Extensions: Additional time may be sought for good cause

Notice Requirements

Written notice: At least 14 days' notice is required under Md. Rule 2-411(a), unless the court orders otherwise or the parties agree to shorter notice

Non-party depositions: Notice to the non-party witness (via subpoena) and all parties is required

Content of notice: The notice must identify the witness and specify the time and place of deposition

Failure to receive notice: A deposition may be postponed or cancelled if a party demonstrates lack of notice

Who Can Be Deposed

Any party to the litigation

Any non-party with knowledge of relevant facts

Officers, agents, or employees of organizational parties

Expert witnesses (subject to timing requirements discussed below)

Use at Trial

Deposition testimony of parties: May be used to impeach a party's trial testimony or as an admission

Deposition testimony of non-parties: May be used if the witness is unavailable (death, illness, out-of-state residence, or other cause)

Deposition as substitute testimony: With court approval, a deposition may be read into the record at trial in place of live testimony if the witness is unavailable

Impeachment: Any deposition may be used to impeach witness credibility

Recording and Certification

Depositions must be recorded by a court reporter or other recording method

The officer administering the oath must certify the deposition under Md. Rule 2-412(f)

Copies must be provided to all parties and the witness upon request

Physical and Mental Examinations

Md. Rule 2-424 governs court-ordered medical and mental examinations.

When Permitted

A mental or physical examination may be ordered only when:

The mental or physical condition of a party is "in controversy"

Good cause is shown for the examination

The examining physician is named and identified

The examination is relevant to a claim or defense in the case

Showing Required

The moving party must file a motion that includes:

The specific condition to be examined

The reasons why examination is necessary

The name and qualifications of the proposed examiner

The time and place of the examination

Procedure

The court may order the examination upon a finding of good cause

The examining party must provide reasonable advance notice to the examinee and their counsel

The examinee may have a representative present (though Maryland law on this point has evolved; counsel should consult local practices)

The examiner must provide a detailed written report

Limitations

Examination is limited to the condition actually at issue in the case (e.g., if mental anguish is not claimed, a psychiatric exam may not be appropriate)

The scope cannot expand beyond what is reasonably necessary to evaluate the claim or defense

Private conversations between the examiner and examinee are prohibited; counsel for the examinee should be present

Subpoenas for Non-Parties

Md. Rule 2-435 governs subpoenas duces tecum and ad testificandum for non-parties.

Issuance

A subpoena is issued by the court clerk under seal

It may be issued in blank by any attorney of record (no court approval required)

The attorney then serves the subpoena on the non-party

Geographic Limits

A non-party may be compelled to appear for deposition within 40 miles of their residence or place of business, unless they agree or the court orders otherwise under Md. Rule 2-435(d)

For document production, the non-party may be required to produce documents without appearing in person

Compliance Requirements

The non-party must be served with the subpoena at least 10 days before the deposition (or hearing), unless shorter notice is agreed

The non-party may object to the subpoena on grounds of undue burden, privilege, or irrelevance

The non-party may move to quash the subpoena under Md. Rule 2-435(f)

A witness fee and mileage fee must be tendered with the subpoena under Md. Rule 2-435(c)

Failure to Comply

A non-party who fails to comply with a subpoena may be held in contempt of court and sanctioned under Md. Rule 2-435(h).

Expert Discovery

Md. Rule 2-402 requires expert witness disclosure.

Disclosure Timing and Requirements

Designation deadline: Expert witnesses must be designated at least 90 days before trial, absent a different scheduling order from the court

Content: The designation must include:

- The expert's name, address, and qualifications
- The subject matter on which the expert will testify
- A summary of the expert's opinions and the grounds for those opinions
- The expert's curriculum vitae
- A detailed statement of the expert's compensation

Failure to Designate

Failure to timely designate an expert may result in:

Exclusion of the expert's testimony

Preclusion of the expert report

Striking of the expert's opinions

Discovery sanctions

Courts have discretion to impose lesser sanctions if the failure is excusable or the opposing party is not prejudiced, but the default remedy is exclusion.

Deposing Experts

Expert depositions are allowed under Md. Rule 2-411 and may occur after designation

The expert is entitled to reasonable notice (typically 14 days)

An expert report must be provided before or contemporaneous with the expert's deposition

Rebuttal experts and experts designated solely for rebuttal may be designated later, subject to court approval

Scope of Discovery

Md. Rule 2-401(a) defines the scope of permissible discovery.

What Is Discoverable

Discovery extends to any matter relevant to the claim or defense of a party, including:

Facts and the existence of documents

Witnesses and their knowledge

Computations of damages

Insurance policies and coverage limits (with limitations for other insurance)

Communications between parties and witnesses

Expert opinions and the basis for those opinions

Business records and email communications

Relevance Standard

The Maryland standard is broad: information need not be directly admissible if it is reasonably calculated to lead to the discovery of admissible evidence. This is more expansive than the trial standard for relevance, allowing parties to discover peripheral information and background materials.

Proportionality Requirement

Under Md. Rule 2-401(b), the court may limit discovery if it determines that:

The burden or expense of producing the requested information outweighs its likely benefit

The requesting party has adequate opportunity to obtain the information through other means

The proportionality factors established by the court favor limitation

Factors for proportionality analysis include:

The importance of the issues at stake

The amount in controversy

The parties' relative access to information

The parties' resources and ability to bear costs

Whether the discovery is duplicative

Privileges and Work Product

Md. Rule 2-401(c) and 2-401(e) address privileged information and work product.

Attorney-Client Privilege

Communications between a client and an attorney made for the purpose of obtaining legal advice are privileged and not discoverable. The privilege extends to:

Written and oral communications

Documents prepared by counsel for the client

Factual information communicated to counsel by the client

Attorney mental impressions and opinions (subject to work product doctrine)

Work Product Doctrine

Under Md. Rule 2-401(e), materials prepared in anticipation of litigation by a party or its attorney are generally protected from discovery. This includes:

Attorney notes and memoranda

Attorney legal opinions and mental impressions

Documents compiled in preparation for trial

Materials assembled in anticipation of a claim or lawsuit

However, work product protection may be overcome if the requesting party demonstrates:

A substantial need for the materials

Inability to obtain the equivalent information through other means

Privilege Log Requirement

A party claiming privilege must produce a privilege log under Md. Rule 2-401(d) that includes:

The nature of the document (letter, email, memo, etc.)

The date

The sender and recipient(s)

A general description of the contents without revealing privileged information

The basis for the privilege claim

Failure to timely produce a privilege log may result in waiver of the privilege.

Meet and Confer Requirements

Md. Rule 2-401(f) requires a "meet and confer" process before filing motions to compel or objections.

Mandatory Process

Before filing a motion to compel discovery, the moving party must:

Make a good faith effort to obtain the discovery without court intervention

Contact the opposing party to explain the request and seek voluntary compliance

Document the effort in writing or by email

Attempt to resolve the dispute

Standards

The meet and confer requirement is mandatory, not optional. Courts may:

Deny a motion to compel if the moving party failed to meet