Requesting Discovery Form With Court In Montgomery
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FAQ
The 3-year deadline for filing tort claims under Maryland's statute of limitations begins to run from the “date of discovery.” The date of discovery is the date that the plaintiff knew they had a claim or that a reasonable person would have realized that they had a claim.
Under the Maryland Rules, you must provide the opposing party with your discovery answers within either 30 days after service of the request or 15 days after the date on which the party's initial pleading or motion is required, whichever is later.
Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
A motion to compel asks the court to order the opposing party to respond to discovery by a certain date. These motions are typically acts of last resort, which you should save for when your opponent fails to respond to any of your requests.
The Best Evidence Rule, as set forth in Md. Rule 5-1002, states: “To prove the content of a writing, recording, or photograph, the originalwriting, recording, or photograph is required, except as otherwise provided in these rules or by statute.” (Emphasis added).
Getting information from the other side. You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.
