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De bene esse deposition3/11/2023 ![]() 117 (1961), the Court of Appeals allowed plaintiffs in a medical malpractice suit to question the defendant doctor in his capacity as a medical expert and regarding his specific role in the case.Īnother useful source of guidance for depositions is The Discovery Guidelines of the Maryland State Bar Association. When asking about opinions or contentions, note: “An interrogatory or deposition question otherwise proper is not objectionable merely because the response involves an opinion or contention that relates to fact or the application of law to fact.” Maryland Rule 2-402(a).Īuthority exists in Maryland for the proposition that you can ask a malpractice Defendant standard of care questions. Under Maryland Rule 2-415 (h), “hen a deponent refuses to answer a question, the proponent of the question shall complete the examination to the extent practicable before filing a motion for an order compelling discovery.” So… complete the deposition! Examples include "objection, leading " "objection, asked and answered " and "objection, compound question." Objections should be stated as simply, concisely, and non-argumentatively as possible to avoid coaching or making suggestions to the deponent and to minimize interruptions in the questioning of the deponent. Regarding this rule, the Committee noted:ĭuring the taking of a deposition, it is presumptively improper for an attorney to make objections that are not consistent with Rule 2-415 (g). If a party desires to make an objection for the record during the taking of a deposition that reasonably could have the effect of coaching or suggesting to the deponent how to answer, then the deponent, at the request of any party, shall be excused from the deposition during the making of the objection. If the ground of an objection is stated, it shall be stated specifically, concisely, and in a non-argumentative and non-suggestive manner. The grounds of an objection need not be stated unless requested by a party. G) Objections.An objection to the competency of a witness or to the competency, relevancy, or materiality of testimony is not waived by failure to make it before or during a deposition unless the ground of the objection is one that might have been obviated or removed if presented at that time 2. It is not ground for objection that the information sought is already known to or otherwise obtainable by the party seeking discovery or that the information will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.Īn interrogatory or deposition question otherwise proper is not objectionable merely because the response involves an opinion or contention that relates to fact or the application of law to fact. ![]() Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:Ī party may obtain discovery regarding any matter that is not privileged, including the existence, description, nature, custody, condition, and location of any documents, electronically stored information, and tangible things and the identity and location of persons having knowledge of any discoverable matter, if the matter sought is relevant 1 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. ![]()
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