Unless the parties agree or the court orders otherwise, the only persons allowed to attend a deposition are:
Rule 2-413.1.Permitted attendance
Circuit Court · Last amended April 1, 2017 · Last verified July 13, 2026
In one sentenceRule 2-413.1 limits who may attend a deposition to a defined list of participants unless the parties agree otherwise or the court orders otherwise.
Full Text of Rule 2-413.1
(a) the officer, or officer’s designee, before whom the deposition is taken;
(b) an individual acting under the direction and in the presence of the officer;
(c) a party who is an individual;
(d) if the party is not an individual, one representative of that party other than the party’s attorney;
(e) the parties’ attorneys;
(f) a non-attorney member of the attorney’s staff needed to assist in the representation;
(g) the witness;
(h) an attorney for the witness; and
(i) an expert witness expected to testify on the subject matter of the deposition.
Amendment History
Added December 13, 2016, effective April 1, 2017.
Committee Note & Source
Committee note. This Rule is subject to the requirements of any protective order entered in the action, the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq., and other law. The parties are encouraged to permit the attendance of non- testifying party representatives, such as insurance claims adjusters.
Source. This Rule is new. Editor’s note. —The December 13, 2016 order provides that “The rules changes hereby adopted by this Court shall govern the courts of this State, all entities described in Rule 16-801 (a), and all parties and their attorneys in all actions and proceedings, and shall take effect and apply to all actions commenced on or after April 1, 2017 and, insofar as practicable, to all actions then pending.”
Plain-English Summary
Depositions happen outside the courtroom, often in a conference room, so Maryland spells out who belongs in that room. Absent an agreement between the parties or a court order changing the guest list, only these people may attend: the officer taking the deposition (or the officer's designee) and anyone working under the officer's direction; a party who is an individual; one representative for a party that is not an individual (a corporation, for example) other than that party's own attorney; the attorneys for the parties and a non-attorney staff member helping an attorney with the case; the witness; the witness's own attorney; and an expert witness who will testify about the same subject matter covered in the deposition.
The list balances two competing interests: keeping depositions from turning into a public spectacle, and letting the people with a real stake in the testimony be there to hear it firsthand. A corporate party, for instance, gets to send one person to observe (a claims adjuster, a risk manager, whoever makes sense) even though that person isn't a party or a witness. Anyone not on the list needs either the other side's agreement or a judge's permission to sit in.
Frequently Asked Questions
Who is automatically allowed to attend a deposition in Maryland?
The officer administering the deposition and anyone assisting that officer, the parties (or one representative if a party isn't an individual), the parties' attorneys and their non-attorney staff, the witness, the witness's attorney, and an expert witness who will testify on the same subject matter.
Can an insurance adjuster attend a deposition?
Yes, if the adjuster fills the role of the non-attorney representative for a party that is not an individual, or if the parties agree to let the adjuster attend. The Committee note to this rule encourages parties to allow non-testifying representatives such as claims adjusters to be present.
Can the parties agree to let more people attend than the rule allows?
Yes. The default list applies only unless the parties agree or the court orders otherwise, so the parties can expand or narrow attendance by agreement, and either side can ask the court to rule on who may attend if they can't agree.
Does a protective order affect who can attend?
Yes. The Committee note ties this rule to any protective order entered in the case, so a judge who has already limited attendance or imposed confidentiality terms controls over the default list.
Can a support person attend for a witness with a disability?
The Committee note ties this rule to the Americans with Disabilities Act, so an accommodation such as a support person or aide for a witness who needs one is expected to be honored even though that person isn't named on the default list.
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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