What are the three forms of discovery?

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.

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Maryland Discovery Interrogatories from Defendant to Plaintiff with...

Maryland Discovery Interrogatories from Defendant to Plaintiff with Production Requests

Category:

Family Law - Divorce - Discovery - Interrogatories

State:

Maryland

Control #:

MD-021A-D

Format:

Instant download

Description

This Discovery Interrogatories from Defendant to Plaintiff with Production Requests is a sample of interrogatories for the Defendant in a Divorce action to ask the Plaintiff. It also includes request for production of documents. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client wants to ask the Plaintiff based upon the facts of your case. It also includes the separate Notice of Filing of Discovery to be filed with the Court Clerk.

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FAQ

Yes, a request for production is considered a type of written discovery. It involves asking an opposing party to provide specific documents or items pertinent to the case. Effective use of written discovery, including Maryland Discovery Interrogatories from Defendant to Plaintiff with Production Requests, can enhance your understanding of the issues at hand.

Rule 2-433 in Maryland addresses the production of documents and other tangible items during litigation. This rule allows parties to request specific materials that may be relevant to the case. When dealing with Maryland Discovery Interrogatories from Defendant to Plaintiff with Production Requests, understanding Rule 2-433 will ensure you gather necessary evidence effectively.

So, can you refuse to answer interrogatories? The answer is, no, you may not. You must answer a Rule 33 interrogatory within 30 days of being served with it. That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.

The purpose of interrogatories is to learn a great deal of general information about a party in a lawsuit. For example, the defendant in a personal injury lawsuit about a car accident might send you interrogatories asking you to disclose things like: Where you live. Where you work.

Interrogatories, which are written questions about things that are relevant or important to the case. (NRCP 33; JCRCP 33) Requests for production of documents or things, which are written requests that demand the other side provide particular documents or items.

You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections.

Interrogatories Interrogatories are written questions that are sent by one party to another.Requests for production are the means by which you can ask the other party to make copies of documents, photographs, records, etc. and to request the inspection of property.

Interrogatories Md. The Maryland Rules of Civil Procedure allow you to serve thirty interrogatories against each party. If you have two opponents, you may serve thirty interrogatories to one opponent and another thirty to the other opponent.

Interrogatories ask questions; the responding party provides written answers. A request for production of documents requests the production of documents (or other tangible things); the responding party provides documents.

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.

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Discovery Interrogatories from Defendant to Plaintiff with Production Requests

Note: This summary is not intended to be an all-inclusive summary of discovery law in Maryland, but does include basic and other information.

Definitions

Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.

Interrogatories: Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.

Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.

Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

Maryland Rules of Civil Procedure

Maryland has adopted the Maryland Rules of Civil Procedure for Circuit Courts. The rules of discovery are contained in the Maryland Rules of Civil Procedure for Civil Courts. The discovery rules also apply in divorce actions.

Discovery Methods: Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions, written interrogatories, production or inspection of documents or other tangible things or permission to enter upon land or other property, mental or physical examinations, and requests for admission of facts and genuineness of documents. Rule 2-401(a)

Sequence and Timing of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 2-401(b)

Discovery Plan: The parties are encouraged to reach agreement on a plan for the scheduling and completion of discovery. Rule 2-401(c)

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. Rule 2-401(e)

Stipulations Regarding Discovery: Unless the court orders otherwise, the parties by written stipulation may 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 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. Rule 2-401(g)

Scope of Discovery: A party may obtain discovery regarding any matter, not privileged, including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter, if the matter sought is relevant to the subject matter involved in the action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party. Rule 2-402(a)

Depositions:

Before Whom Depositions May Be Taken: In this state, a deposition shall be taken before any person authorized to administer an oath. Rule 2-414(a)

In any other state of the United States or in a territory, district, or possession of the United States, a deposition shall be taken before any person authorized to administer an oath by the laws of the United States or by the laws of the place where the deposition is taken or before any person appointed by the court in which the action is pending. The person appointed has the power to administer an oath and take testimony. Rule 2-414(b)

In a foreign country, a deposition may be taken on notice before any person authorized to administer an oath in the place in which the deposition is taken, either by the laws of that place or by the laws of the United States, or before any person commissioned by the court, which person has the power by virtue of the commission to administer an oath and take testimony, or pursuant to a letter rogatory. Rule 2-414(c)

Interrogatories

Any party may serve at any time written interrogatories directed to any other party. Unless the court orders otherwise, a party may serve one or more sets having a cumulative total of not more than 30 interrogatories to be answered by the same party. Interrogatories, however grouped, combined, or arranged and even though subsidiary or incidental to or dependent upon other interrogatories, shall be counted separately. Each form interrogatory contained in the Appendix to these Rules shall count as a single interrogatory. Rule 2-421(a)

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 2-422(a)

Physical and Mental Examination of Persons

When the mental or physical condition or characteristic of a party or of a person in the custody or under the legal control of a party is in controversy, the court may order the party to submit to a mental or physical examination by a suitably licensed or certified examiner or to produce for examination the person in the custody or under the legal control of the party. Rule 2-423

Requests for Admissions

A party may serve at any time one or more written requests to any other party for the admission of the genuineness of any relevant documents described in or exhibited with the request, or the truth of any relevant matters of fact set forth in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Each matter of which an admission is requested shall be separately set forth. Rule 2-424(a)

Compel 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. Rule 2-432(a)

A discovering party, upon reasonable notice to other parties and all persons affected, may move for an order compelling discovery. Rule 2-432(b)

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Discovery Interrogatories from Defendant to Plaintiff with Production Requests

Note: This summary is not intended to be an all-inclusive summary of discovery law in Maryland, but does include basic and other information.

Definitions

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.

Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

Maryland Rules of Civil Procedure

Sequence and Timing of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 2-401(b)

Discovery Plan: The parties are encouraged to reach agreement on a plan for the scheduling and completion of discovery. Rule 2-401(c)

Depositions:

Before Whom Depositions May Be Taken: In this state, a deposition shall be taken before any person authorized to administer an oath. Rule 2-414(a)

Interrogatories

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 2-422(a)

Physical and Mental Examination of Persons

Requests for Admissions

Compel Discovery

A discovering party, upon reasonable notice to other parties and all persons affected, may move for an order compelling discovery. Rule 2-432(b)

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Maryland Discovery Interrogatories from Defendant to Plaintiff with Production Requests

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