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Rule 2-419 – Deposition-Use

May 13, 2021 | Civil Prodcedure, Maryland

(a) When May Be Used.

(1)Contradiction and Impeachment. A party may use a deposition transcript and any correction sheets to contradict or impeach the testimony of the deponent as a witness.
(2)By Adverse Party. The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, managing agent, or a person designated under Rule 2-412(d) to testify on behalf of a public or private corporation, partnership, association, or governmental agency which is a party may be used by an adverse party for any purpose.
(3)Witness Not Available or Exceptional Circumstances. The deposition of a witness, whether or not a party, may be used by any party for any purpose against any other party who was present or represented at the taking of the deposition or who had due notice thereof, if the court finds:

(A) that the witness is dead; or
(B) that the witness is out of the State, unless it appears that the absence of the witness was procured by the party offering the deposition; or
(C) that the witness is unable to attend or testify because of age, mental incapacity, sickness, infirmity, or imprisonment; or
(D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or
(E) upon motion and reasonable notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
(4)Audio-Video Deposition of Expert. An electronic audio-video deposition of a treating or consulting physician or of any expert witness may be used for any purpose even though the witness is available to testify if the notice of that deposition specified that it was to be taken for use at trial.
(b) Use of Part of Deposition. If only part of a deposition is offered in evidence by a party, an adverse party may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered and any party may introduce any other part in accordance with this Rule.
(c) Deposition Taken in Another Action. A deposition lawfully taken in another action may be used like any other deposition if the other action was brought in any court of this State, of any other state, or of the United States, involved the same subject matter, and was brought between the same parties or their representatives or predecessors in interest.
(d) Objection to Admissibility. Subject to Rules 2-412(e), 2-415(g) and (j), 2-416(g), and 2-417(c), an objection may be made at a hearing or trial to receiving in evidence all or part of a deposition for any reason that would require the exclusion of the evidence if the witness were then present and testifying.
(e) Effect of Deposition. A party does not make a person that party’s own witness by taking the person’s deposition. The introduction in evidence of all or part of a deposition for any purpose other than as permitted by subsections (a)(1) and (a)(2) of this Rule makes the deponent the witness of the party introducing the deposition. At a hearing or trial, a party may rebut any relevant evidence contained in a deposition, whether introduced by that party or by any other party.

Md. R. Civ. P. Cir. Ct. 2-419

This Rule is derived from former Rule 413.

Adopted April 6, 1984, eff. July 1, 1984. Amended Dec. 8, 2003, eff. July 1, 2004; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2003 Orders

The December 8, 2003, order rewrote subsec. (a)(1); and, in section (d), changed a reference from Rule 2-415(i) to Rule 2-415(j). Prior to amendment, subsec. (a)(1) read:

“(1) Contradiction and Impeachment. A deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness.

2015 Orders

The December 7, 2015, order, amended the Rule to permit a deposition to be recorded by electronic audio or audio-video means of recording and replaced the present limitation of the means of electronically recording a deposition to videotape or audiotape.