Maryland Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Maryland?

In Maryland, expert discovery is governed by Md. Rule 2-402(g)), which outlines the permissible scope of expert information discovery. Maryland's framework aligns with federal principles but incorporates specific distinctions. Under Md. Rule 2-402(g)(1), parties must disclose the substance of the facts and opinions that an expert witness is expected to testify, along with a summary of the grounds for each opinion. This rule mandates the production of any expert witness report prepared by the expert as part of discovery.

Maryland has adopted protections for draft reports and attorney-expert communications, which mirrors the federal approach. However, the discovery of consulting expert materials is not typically permitted unless exceptional circumstances exist. The state's approach ensures a balance between thorough expert discovery and the protection of privileged communications.

Timing and Procedure for Expert Discovery in Maryland

Expert discovery in Maryland is strategically timed within the litigation process. It is typically conducted after initial disclosures and in accordance with the court's scheduling order. The court mandates deadlines for expert designations, often requiring the plaintiff's expert information to be disclosed at least 90 days before trial, with the defendant's disclosure following shortly thereafter.

Procedurally, parties must respond to interrogatories requesting expert information and produce reports or summaries accordingly. Expert depositions are allowed, with the party seeking to depose an opponent's expert responsible for paying the expert's reasonable fee (Md. Rule 2-402(g)(3)). Parties are also obligated to supplement their expert discovery responses promptly if there are changes in the information provided (Md. Rule 2-401(e)).

What Methods of Expert Discovery Are Permitted in Maryland?

Maryland permits several methods of expert discovery, including:

• Depositions: Experts can be deposed, and the party requesting the deposition must cover the expert's reasonable fees.
• Written Interrogatories: Parties may use interrogatories to obtain expert information, requiring the disclosure of facts, opinions, and supporting grounds.
• Document Requests: Parties can request the production of expert reports or summaries.

Discovery in Maryland is generally confined to testifying experts. Consulting expert materials are protected unless exceptional circumstances justify their discovery. This approach is consistent with the principles of privilege and work-product protection, ensuring that sensitive attorney-expert communications remain confidential.

Limits on Discovery of Expert Materials and Communications

Maryland's rules impose specific limits on the discovery of expert materials and communications. Draft expert reports and most attorney-expert communications are protected under the amended rules, aligning Maryland with federal standards. Exceptions exist for discovering materials related to bias, reliance materials, or facts and data considered by the expert.

Significant case law or deviations from federal standards are minimal, as Maryland has harmonized its practices with federal work-product protections. This ensures a consistent approach to handling expert materials and communications, prioritizing confidentiality and strategic litigation considerations.

Consequences for Noncompliance or Discovery Violations

Failure to comply with Maryland's expert discovery rules can result in significant consequences. Under Md. Rule 2-433), the court may impose sanctions such as excluding the expert from testifying, granting continuances, or ordering monetary sanctions. The duty to supplement expert discovery responses is emphasized under Md. Rule 2-401(e), and noncompliance can result in adverse rulings.

Maryland courts enforce these rules strictly to maintain the integrity of the discovery process and ensure fairness in litigation. Compliance with procedural requirements is essential to avoid detrimental outcomes and preserve the admissibility of expert testimony.

Relevant Rules and Legal Authority in Maryland

The primary legal authority governing expert discovery in Maryland is Md. Rule 2-402). This rule, along with Md. Rule 2-401(e) (duty to supplement) and Md. Rule 2-433 (sanctions), forms the foundation of the state's expert discovery framework. Maryland's approach incorporates federal principles while maintaining unique state-specific distinctions.

Key appellate and supreme court cases provide further interpretation of these rules, although Maryland's alignment with federal standards minimizes significant deviations. Practitioners must navigate these rules carefully, understanding both the explicit requirements and the implications of noncompliance within the state's legal landscape.