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Rule 2-432 – Motions upon Failure to Provide Discovery

May 13, 2021 | Civil Prodcedure, Maryland

(a) Immediate Sanctions for Certain Failures of Discovery. A discovering party may move for sanctions under Rule 2-433(a), without first obtaining an order compelling discovery under section (b) of this Rule, if a party or any officer, director, or managing agent of a party or a person designated under Rule 2-412(d) to testify on behalf of a party, fails to appear before the officer who is to take that person’s deposition, after proper notice, or if a party fails to serve a response to interrogatories under Rule 2-421 or to a request for production or inspection under Rule 2-422, after proper service. Any such failure may not be excused on the ground that the discovery sought is objectionable unless a protective order has been obtained under Rule 2-403.
(b) For Order Compelling Discovery.

(1)When Available. A discovering party, upon reasonable notice to other parties and all persons affected, may move for an order compelling discovery if

(A) there is a failure of discovery as described in section (a) of this Rule,
(B) a deponent fails to answer a question asked in an oral or written deposition,
(C) a corporation or other entity fails to make a designation under Rule 2-412(d),
(D) a party fails to answer an interrogatory submitted under Rule 2-421,
(E) a party fails to comply with a request for production or inspection under Rule 2-422,
(F) a party fails to supplement a response under Rule 2-401(d), or
(G) a nonparty deponent fails to produce tangible evidence without having filed written objection under Rule 2-510(f).
(2)Contents of Motion. A motion for an order compelling discovery shall set forth: the question, interrogatory, or request; and the answer or objection; and the reasons why discovery should be compelled. Instead of setting forth the questions and the answers or objections from a deposition, the relevant part of the transcript may be attached to the motion. The motion need not set forth the set of interrogatories or requests when no response has been served. If the court denies the motion in whole or in part, it may enter any protective order it could have entered on a motion pursuant to Rule 2-403. For purposes of this section, an evasive or incomplete answer is to be treated as a failure to answer.
(c) By Nonparty to Compel Production of Statement. If a party fails to comply with a request of a nonparty made pursuant to Rule 2-402(f) for production of a statement, the nonparty may move for an order compelling its production.
(d) Time for Filing. A motion for an order compelling discovery or for sanctions shall be filed with reasonable promptness.
(e) Appropriate Court. A motion for an order compelling discovery or for sanctions shall be filed with the court in which the action is pending, except that on matters relating to a deposition, the motion may be filed either with the court in which the action is pending or with the court in the county in which the deposition is being taken.

Md. R. Civ. P. Cir. Ct. 2-432

This Rule is derived as follows:

Section (a) is derived from former Rule 422 c 1 and 3.

Section (b) is derived from former Rule 422 a 2, 3 and 4.

Section (c) is derived from former Rule 400 e.

Section (d) is derived from former Rule 417 c 1.

Section (e) is derived from former Rule 422 a 1.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; March 22, 1991, eff. July 1, 1991; June 10, 1997, eff. July 1, 1997; Jan. 20, 1999, eff. July 1, 1999; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 4, 2007, eff. Jan. 1, 2008.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order, in section (c), substituted “Rule 2-402(e) for “Rule 2-402(d).

2007 Orders

The December 4, 2007, order, in section (c), substituted “Rule 2-402(f) for “Rule 2-402(e).