Discovery Interrogatories from Plaintiff to Defendant 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.
