(a) Discovery methods. — Parties may obtain discovery by one or more of the following methods: (1) depositions upon oral examination or written questions, (2) written interrogatories, (3) production or inspection of documents or other tangible things or permission to enter upon land or other property, (4) mental or physical examinations, and (5) requests for admission of facts and genuineness of documents.
Rule 2-401.General provisions governing discovery
Circuit Court · Last amended July 1, 2005 · Last verified July 13, 2026
In one sentenceRule 2-401 lists the five discovery tools available in Maryland circuit court, lets parties use them in any order, and sets the ground rules for filing, supplementing, and modifying discovery by agreement.
Full Text of Rule 2-401
(b) Sequence and timing of discovery. — Unless the court orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery. The court may at any time order that discovery be completed by a specified date or time, which shall be a reasonable time after the action is at issue.
(c) Discovery plan. — The parties are encouraged to reach agreement on a plan for the scheduling and completion of discovery.
(d) Discovery material. —
(1) Defined. — For purposes of this section, the term “discovery material” means a notice of deposition, an objection to the form of a notice of deposition, the questions for a deposition upon written questions, an objection to the form of the questions for a deposition upon written questions, a deposition transcript, interrogatories, a response to interrogatories, a request for discovery of documents and property, a response to a request for discovery of documents and property, a request for admission of facts and genuineness of documents, and a response to a request for admission of facts and genuineness of documents.
(2) Not to be Filed with Court. — Except as otherwise provided in these rules or by order of court, discovery material shall not be filed with the court. Instead, the party generating the discovery material shall serve the discovery material on all other parties and promptly shall file with the court a notice stating (A) the type of discovery material served, (B) the date and manner of service, and (C) the party or person served. The party generating the discovery material shall retain the original and shall make it available for inspection by any other party. This section does not preclude the use of discovery material at trial or as exhibits to support or oppose motions.
(e) 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.
(f) Substitution of a party. — Substitution of a party pursuant to Rule 2-241 does not affect the conduct of discovery previously commenced or the use of the product of discovery previously conducted.
(g) Stipulations regarding discovery procedure. — Unless the court orders otherwise, the parties by written stipulation may (1) 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 (2) 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.
Amendment History
Amended Mar. 22, 1991, effective July 1, 1991; June 7, 1994, effective Oct. 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005.
Committee Note & Source
Cross references. Rule 2-311 (c).
Committee note. Rule 1-321 requires that the notice be served on all parties. Rule 1-323 requires that it contain a certificate of service. Parties exchanging discovery material are encouraged to comply with requests that the material be provided in a word processing file or other electronic format.
Source. This Rule is derived as follows:
Section (a) is derived from the 1980 version of Fed. R. Civ. P. 26 (a).
Section (b) is derived from the 1980 version of Fed. R. Civ. P. 26 (d).
Section (c) is new.
Section (d) is new.
Section (e) is derived from former Rule 417 a 3.
Section (f) is derived from former Rule 413 a 5.
Section (g) is derived in part from the 1993 version of Fed. R. Civ. P. 29 and former Rule 404 and is in part new.
Plain-English Summary
Rule 2-401 works as a discovery user's manual for circuit court cases. It lists five tools parties can use to dig up facts before trial: depositions, written interrogatories, requests to produce or inspect documents and property, mental or physical examinations, and requests to admit facts. Nothing forces the parties to use these methods in a particular order, and one party's discovery efforts don't put anyone else's on hold — unless a judge steps in and sets a schedule.
The rule also solves a paperwork problem: discovery material like interrogatories, deposition transcripts, and document requests stays out of the court file. The side that generates it serves it on the other parties and files a short notice describing what was served, when, how, and to whom. The producing party keeps the original and must make it available for inspection. If material new information turns up after a party has already answered a discovery request, that party must update the answer promptly — with one exception: there's no ongoing duty to supplement deposition testimony. Parties can also agree by written stipulation to bend the discovery rules, taking a deposition anywhere, before anyone, on any notice, as long as the change doesn't delay a scheduled hearing or push back a court-ordered deadline.
Frequently Asked Questions
What are the five discovery methods under Rule 2-401?
Depositions (oral or written questions), written interrogatories, requests to produce or inspect documents or other property, mental or physical examinations, and requests for admission of facts or the genuineness of documents.
Do I have to file my interrogatories or deposition transcripts with the court?
No. Rule 2-401(d) keeps discovery material out of the case file. You serve it on the other parties and file only a short notice stating what you served, how, when, and on whom. You keep the original and produce it later if a party needs it at trial or as a motion exhibit.
If I already answered discovery, do I have to update my answer later?
Yes. If you later learn material information that makes an earlier response incomplete or outdated, you must supplement it promptly. The one exception is deposition testimony — there's no ongoing duty to supplement what a witness said at a deposition.
Can the parties agree to change how discovery works in their case?
Within limits, yes. A written stipulation can let a deposition happen before any person, at any time or place, on any notice, and can adjust the procedures for other discovery methods. What a stipulation cannot do is delay a scheduled court proceeding or push back a deadline a court order has already set.
Does substituting a new party under Rule 2-241 restart or undo discovery already taken?
No. Discovery already underway or completed, and anything produced through it, carries over even after a party is substituted under Rule 2-241.
Is there a deadline for finishing discovery?
Not automatically, but the court can set one. Rule 2-401(b) lets the court order that discovery be completed by a specified date, which has to be a reasonable time after the case is at issue.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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