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Rule 2-412 – Deposition-Notice

May 13, 2021 | Civil Prodcedure, Maryland

(a) Generally. A party desiring to take a deposition shall serve a notice of deposition upon oral examination at least ten days before the date of the deposition or a notice of deposition upon written questions in accordance with Rule 2-417. The notice shall state the time and place for taking the deposition and the name and address of the person to be examined or, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena is to be served on the person to be examined, it shall be served at least ten days before the date of the deposition.
(b) Audio and Audio-Video Recording. If the deposition is to be recorded by electronic audio or audio-video means, the notice shall specify the method of recording. If a deposition is to be recorded by electronic audio-video means for use at trial pursuant to Rule 2-419(a)(4), the notice shall so specify.
(c) Documents or Other Tangible Things. The notice to a party deponent may contain or be accompanied by a request for the production of documents or other tangible things at the taking of the deposition, in which case the provisions of Rule 2-422 shall apply to the request. A non-party deponent may be required to produce documents or other tangible things at the taking of the deposition by a subpoena. If a subpoena requiring the production of documents or other tangible things at the taking of the deposition is to be served on a party or nonparty deponent, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice and the subpoena shall be served at least 30 days before the date of the deposition.
(d) Designation of Person to Testify for an Organization. A party may in a notice and subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, managing agents, or other persons who will testify on its behalf regarding the matters described and may set forth the matters on which each person designated will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization.
(e) Objection to Form. Any objection to the form of the notice for taking a deposition is waived unless promptly served in writing.

Md. R. Civ. P. Cir. Ct. 2-412

This Rule is derived as follows:

Section (a) is derived from former Rule 405 a 1 and a 2(a) and the 1980 version of Fed. R. Civ. P. 30(b)(1).

Section (b) is derived from Rule 410 c.

Section (c) is derived from the 1980 version of Fed. R. Civ. P. 30(b)(5).

Section (d) is derived from the 1980 version of Fed. R. Civ. P. 30(b)(6) and former Rule 405 a 2(b).

Section (e) is derived from former Rule 412 a.

Adopted April 6, 1984, eff. July 1, 1984. Amended March 22, 1991, eff. July 1, 1991; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

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 to replace the present limitation of electronically recording a deposition to videotape or audiotape.