Any party to an action may cause the testimony of a person, whether or not a party, to be taken by deposition for the purpose of discovery or for use as evidence in the action or for both purposes. Leave of court must be obtained to take a deposition (a) before the earliest day on which any defendant’s initial pleading or motion is required; (b) that is longer than one seven-hour day; (c) of an individual confined in prison; or (d) of an individual who has previously been deposed in the same action unless further deposition is permitted under Rule 2-415 (i) because substantive changes have been made to the deposition transcript. Leave of court may be granted on such terms as the court prescribes.
Rule 2-411.Deposition — Right to take
Circuit Court · Last amended July 1, 2004 · Last verified July 13, 2026
In one sentenceRule 2-411 lets any party depose any person connected to the case, but requires court permission first for early, extra-long, repeat, or prisoner depositions.
Full Text of Rule 2-411
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004; Dec. 8, 2003, effective July 1, 2004.
Committee Note & Source
Source. This Rule is derived from former Rule 401 and the 2000 version of Fed. R. Civ. P. 30 (d) (2).
Plain-English Summary
Rule 2-411 gives every party broad authority to depose anyone connected to the case, party or not, either to gather facts or to lock in testimony for use at trial. That authority isn't unlimited. Four situations require the court's permission first: taking a deposition before the deadline for the earliest defendant's initial response has arrived, running a deposition longer than one seven-hour day, deposing someone who is incarcerated, and deposing a witness who has already sat for a deposition in the same case — unless a further deposition is allowed under Rule 2-415 because the transcript was substantively changed through errata.
When a party does need permission, the court can grant it on whatever terms fit the situation: a shorter time limit, added conditions, or specific scheduling. The point of these checkpoints is timing and proportion. An early deposition shouldn't outrun the pleadings, a single deposition shouldn't consume days without justification, and a witness shouldn't be pulled back for a second round absent a real reason.
Frequently Asked Questions
Can I depose someone who isn't a party to my lawsuit?
Yes. Rule 2-411 lets any party depose any person, whether or not that person is a party, for discovery, for use as evidence, or both.
Do I need court permission before taking a deposition?
Only in specific situations: before the deadline for the earliest defendant's initial pleading or motion, for a deposition longer than one seven-hour day, to depose someone who is imprisoned, or to redepose a witness already deposed in the case. Otherwise, no court order is required.
How long can a deposition run without asking the court for more time?
One seven-hour day. Going beyond that requires leave of court.
Can I depose the same witness a second time?
Only with leave of court, unless the second deposition is allowed under Rule 2-415(i) because substantive changes were made to the witness's deposition transcript.
Can I depose someone who's currently in prison?
Yes, but you need leave of court first.
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
Also known as: right to take a deposition marylandseven hour deposition limit marylandredeposing a witness marylandleave of court to take deposition marylanddepose an incarcerated witness maryland