Md. Code Regs. 28.02.01.13

Current through Register Vol. 51, No. 24, December 2, 2024

Section 28.02.01.13 - Discovery

A. By written request filed not later than 30 days before the scheduled hearing, a party may require any other party to produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible item, including electronically stored information, that is:

(1) Relevant to the subject matter of the case; and

(2) Not privileged.

B. Unless provided by law or by agreement of the parties, no other discovery procedure may be required.

C. Orders Regarding Discovery.

(1) On motion by the parties or on the ALJ's own initiative, an ALJ may enter an order establishing reasonable limits on the scope of discovery, the method of delivery of discovery, and such other orders regarding discovery as the ALJ determines to be just.

(2) Orders regarding discovery may include, but are not limited to, orders regarding expert testimony pursuant to Regulation .21D of this chapter and orders governing the electronic exchange of exhibits.

D. The parties may enter into binding agreements concerning the inadvertent production and handling of privileged materials.

E. A party that has filed a timely discovery request under this regulation but that has not received a reply may, after providing reasonable notice to the opposing party, file a motion seeking:

(1) An order to compel a response;

(2) An order imposing sanctions; or

(3) Both.

F. Copies.

(1) Copies of requested documents and records shall be made at the expense of the party making the request.

(2) The charge for copies of requested documents or public records may be waived by the custodian of the documents in accordance with General Provisions Article, § 4-206, Annotated Code of Maryland, or other applicable law.

Md. Code Regs. 28.02.01.13

Regulation .13 amended effective March 14, 1994 (21:5 Md. R. 405)
Regulations .13 adopted effective January 8, 2001 (27:26 Md. R. 2360)
Regulations .13 adopted effective March 22, 2010 (37:6 Md. R. 480); amended effective 46:26 Md. R. 1168, eff. 1/10/2020; amended effective 48:3 Md. R. 94, eff. 2/8/2021