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Rule 2-504 – Scheduling Order

May 13, 2021 | Civil Prodcedure, Maryland

(a) Order Required.

(1) Unless otherwise ordered by the County Administrative Judge for one or more specified categories of actions, the court shall enter a scheduling order in every civil action, whether or not the court orders a scheduling conference pursuant to Rule 2-504.1.
(2) The County Administrative Judge shall prescribe the general format of scheduling orders to be entered pursuant to this Rule. A copy of the prescribed format shall be furnished to the Chief Judge of the Court of Appeals.
(3) Unless the court orders a scheduling conference pursuant to Rule 2-504.1, the scheduling order shall be entered as soon as practicable, but no later than 30 days after an answer is filed by any defendant. If the court orders a scheduling conference, the scheduling order shall be entered promptly after conclusion of the conference.
(b) Contents of Scheduling Order.

(1)Required. A scheduling order shall contain:

(A) an assignment of the action to an appropriate scheduling category of a differentiated case management system established pursuant to Rule 16-302;
(B) one or more dates by which each party shall identify each person whom the party expects to call as an expert witness at trial, including all information specified in Rule 2-402(g)(1);
(C) one or more dates by which each party shall file the notice required by Rule 2-504.3(b) concerning computer-generated evidence;
(D) a date by which all discovery must be completed;
(E) a date by which all dispositive motions must be filed, which shall be no earlier than 15 days after the date by which all discovery must be completed;

Cross reference: See Rule 2-501(a), which provides that after the date by which all dispositive motions are to be filed, a motion for summary judgment may be filed only with the permission of the court.

(F) a date by which any additional parties must be joined;
(G) a date by which amendments to the pleadings are allowed as of right; and
(H) any other matter resolved at a scheduling conference held pursuant to Rule 2-504.1.
(2)Permitted. A scheduling order may also contain:

(A) any limitations on discovery otherwise permitted under these rules, including reasonable limitations on the number of interrogatories, depositions, and other forms of discovery;
(B) the resolution of any disputes existing between the parties relating to discovery;
(C) a specific referral to or direction to pursue an available and appropriate form of alternative dispute resolution, including a requirement that individuals with authority to settle be present or readily available for consultation during the alternative dispute resolution proceeding, provided that the referral or direction conforms to the limitations of Rule 2-504.1(e);
(D) an order designating or providing for the designation of a neutral expert to be called as the court’s witness;
(E) in an action involving child custody or child access, an order appointing child’s counsel in accordance with Rule 9-205.1;
(F) a further scheduling conference or pretrial conference date;
(G) provisions for discovery of electronically stored information;
(H) a process by which the parties may assert claims of privilege or of protection after production; and
(I) any other matter pertinent to the management of the action.
(c) Modification of Order. The scheduling order controls the subsequent course of the action but shall be modified by the court to prevent injustice.

Md. R. Civ. P. Cir. Ct. 2-504

This Rule is in part new and in part derived as follows:

Subsection (b)(2)(G) is new and is derived from the 2006 version of Fed. R. Civ. P. 16(b)(5).

Subsection (b)(2)(H) is new and is derived from the 2006 version of Fed. R. Civ. P. 16(b)(6).

Adopted June, 7, 1994, eff. Oct. 1, 1994. Amended June 10, 1997, eff. July 1, 1997; Feb. 10, 1998, eff. July 1, 1998; Oct. 5, 1998, eff. Jan. 1, 1999; Nov. 12, 2003, eff. Jan. 1, 2004; May 8, 2007, eff. July 1, 2007; Dec. 4, 2007, eff. Jan. 1, 2008; March 2, 2015, eff. July 1, 2015; June 6, 2016, eff. July 1, 2016.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order, in subsec. (b)(1)(b), substituted “Rule 2-402(f)(1) for “Rule 2-402(e)(1)(A).

2007 Orders

The May 8, 2007, order amended section (b) by added time restrictions for scheduling orders; and added section (c).

The December 4, 2007, order redesignated section (b)(2)(G) as (b)(2)(I); added section (b)(2)(G) pertaining to discovery of electronically stored information; and added section (b)(2)(H) pertaining to claims of privilege or of protection after production.

2015 Orders

The March 2, 2015, order added a cross reference to Rule 2-501(a) after subsection (b)(1)(E).

2016 Orders

The June 6, 2016, order revised an internal reference in the Rule.

Prior Rules:

Rule 2-504, adopted April 6, 1984, eff. July 1, 1984, related to pretrial conferences, rescinded June 7, 1994, eff. Oct. 1, 1994. See Md. Rule 2-504.2.

See Rule 5-706 for authority of the court to appoint expert witnesses.