Rule 2-412.Deposition — Notice
Circuit Court · Last amended May 11, 2022 · Last verified July 13, 2026
Full Text of Rule 2-412
Amendment History
Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004; December 7, 2015, effective January 1, 2016; effective May 11, 2022.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former Rule 405 a 1 and a 2 (a) and the 1980 version of Fed. R. Civ. P. 30 (b) (1).
Section (b) is derived from Rule 410 c.
Section (c) is derived from the 1980 version of Fed. R. Civ. P. 30 (b) (5).
Section (d) is derived from the 1980 version of Fed. R. Civ. P. 30 (b) (6) and former Rule 405 a 2 (b).
Section (e) is derived from former Rule 412 a.
Plain-English Summary
Rule 2-412 sets the mechanics for giving notice of a deposition. For an oral deposition, notice has to go out at least ten days before the deposition and has to state the time and place and identify the person to be examined — by name and address if known, or by a description precise enough to identify the person or the group they belong to if not. If the deposition will be recorded by audio or audio-video means rather than, or along with, a court reporter's transcript, the notice has to say so, and it has to flag specifically an audio-video recording meant for use at trial. Objecting to a defective notice has a short fuse: the objection is waived unless served promptly in writing.
Section (d) covers depositions of organizations — corporations, partnerships, associations, or government agencies — which don't show up in person the way an individual does. The noticing party names the organization as the deponent and describes the topics for examination with reasonable particularity; the organization then designates one or more officers, directors, managing agents, or other people to testify on its behalf about those topics, and can assign different designees to different topics. A subpoena to a nonparty organization has to spell out this duty to designate someone. Whoever the organization sends has to testify about what the organization knows or can reasonably find out, not just their own personal knowledge. A notice can also double as, or come with, a document request to a party deponent, and a subpoena can compel a nonparty deponent to bring documents — but a document subpoena needs at least 30 days' notice rather than ten.
Frequently Asked Questions
How much advance notice do I have to give before an oral deposition?
At least ten days before the date of the deposition. If a subpoena is being served on the deponent, it also has to go out at least ten days ahead.
What has to be in a deposition notice?
The time and place for the deposition and the name and address of the person to be examined. If you don't know the person's name, a description precise enough to identify the person or the group they fall into is enough. If the deposition will be recorded by audio or audio-video means, the notice has to specify that.
How do I depose a corporation or government agency instead of a specific individual?
Rule 2-412(d) lets you name the organization itself as the deponent in the notice and subpoena and describe the topics for examination with reasonable particularity. The organization then designates one or more officers, directors, managing agents, or other people to testify on its behalf about those topics — Maryland's version of what federal practitioners call a 30(b)(6) deposition. The designees have to testify about what the organization knows or can reasonably find out, not just their personal knowledge.
Can I make the other side bring documents to their deposition?
Yes. A notice to a party deponent can include or come with a request for documents under Rule 2-422. For a nonparty deponent, you need a subpoena, and the list of documents has to be attached to or included in the notice, with the subpoena served at least 30 days before the deposition instead of the usual ten.
How do I object to a defective deposition notice?
Promptly, and in writing. Rule 2-412(e) waives any objection to the form of the notice unless it's served that way.