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Rule 2-401 – General Provisions Governing Discovery

May 13, 2021 | Civil Prodcedure, Maryland

(a) Discovery Methods. Parties may obtain discovery by one or more of the following methods:

(1) depositions upon oral examination or written questions,
(2) written interrogatories,
(3) production or inspection of documents or other tangible things or permission to enter upon land or other property,
(4) mental or physical examinations, and
(5) requests for admission of facts and genuineness of documents.
(b) Sequence and Timing of Discovery. Unless the court orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery. The court may at any time order that discovery be completed by a specified date or time, which shall be a reasonable time after the action is at issue.
(c) Discovery Plan. The parties are encouraged to reach agreement on a plan for the scheduling and completion of discovery.
(d) Discovery Material.

(1)Defined. For purposes of this section, the term “discovery material means a notice of deposition, an objection to the form of a notice of deposition, the questions for a deposition upon written questions, an objection to the form of the questions for a deposition upon written questions, a deposition transcript, interrogatories, a response to interrogatories, a request for discovery of documents and property, a response to a request for discovery of documents and property, a request for admission of facts and genuineness of documents, and a response to a request for admission of facts and genuineness of documents.
(2)Not to Be Filed With Court. Except as otherwise provided in these rules or by order of court, discovery material shall not be filed with the court. Instead, the party generating the discovery material shall serve the discovery material on all other parties and promptly shall file with the court a notice stating (A) the type of discovery material served, (B) the date and manner of service, and (C) the party or person served. The party generating the discovery material shall retain the original and shall make it available for inspection by any other party. This section does not preclude the use of discovery material at trial or as exhibits to support or oppose motions.

Cross reference: Rule 2-311(c).

Committee note: Rule 1-321 requires that the notice be served on all parties. Rule 1-323 requires that it contain a certificate of service. Parties exchanging discovery material are encouraged to comply with requests that the material be provided in a word processing file or other electronic format.

(e) Supplementation of Responses. Except in the case of a deposition, a party who has responded to a request or order for discovery and who obtains further material information before trial shall supplement the response promptly.
(f) Substitution of a Party. Substitution of a party pursuant to Rule 2-241 does not affect the conduct of discovery previously commenced or the use of the product of discovery previously conducted.
(g) Stipulations Regarding Discovery Procedure. Unless the court orders otherwise, the parties by written stipulation may (1) provide that a deposition may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions and (2) modify the procedures provided by these rules for other methods of discovery, except that the parties may not modify any discovery procedure if the effect of the modification would be to impair or delay a scheduled court proceeding or conference or delay the time specified in a court order for filing a motion or other paper.

Md. R. Civ. P. Cir. Ct. 2-401

This Rule is derived as follows:

Section (a) is derived from the 1980 version of Fed. R. Civ. P. 26(a).

Section (b) is derived from the 1980 version of Fed. R. Civ. P. 26(d).

Section (c) is new.

Section (d) is new.

Section (e) is derived from former Rule 417 a 3.

Section (f) is derived from former Rule 413 a 5.

Section (g) is derived in part from the 1993 version of Fed. R. Civ. P. 29 and former Rule 404 and is in part new.

Adopted April 6, 1984, eff. July 1, 1984. Amended March 22, 1991, eff. July 1, 1991; June 7, 1994, eff. Oct. 1, 1994; Nov. 12, 2003, eff. Jan. 1, 2004; April 5, 2005, eff. July 1, 2005.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the committee note following section (d); and amended the source note.

2005 Orders

The April 5, 2005, order, in subsec. (d)(2), in the second sentence, substituted “promptly shall file for “shall file.