Circuit Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 2-413 fixes where a deposition may be held, based on whether the deponent is a party, a Maryland resident, or an out-of-state witness.
(1)In this State. — A resident of this State who is not a party may be required to attend a deposition in this State only in the county in which the person resides or is employed or engaged in business, or at any other convenient place fixed by order of court. A nonresident who is not a party may be required to attend a deposition in this State only in the county in which the nonresident is served with a subpoena or within 40 miles from the place of service, or at any other convenient place fixed by order of court.
(2)Out of State. — A person who is not a party may be required to attend a deposition outside of this State in accordance with the law of the place where the deposition is held.
(b)Party. — A party may be required to attend a deposition wherever a nonparty could be required to attend or in the county in which the action is pending.
Committee Note & Source
Source. This Rule is derived from former Rule 408.
Plain-English Summary
Rule 2-413 answers a practical question: where can someone be made to show up for a deposition? A Maryland resident who isn't a party can be required to sit for a deposition only in the county where the person lives, works, or does business, or wherever else the court fixes as convenient. A nonresident who isn't a party can be required to appear only in the county where they were served with the subpoena, within 40 miles of where they were served, or again wherever the court sets. Deposing a nonparty outside Maryland follows the deposition rules of wherever the deposition takes place.
Parties get less protection than nonparties. A party can be required to attend a deposition anywhere a nonparty could be required to attend, or in the county where the case is pending, whichever the noticing party chooses.
Frequently Asked Questions
Where can a Maryland resident who isn't a party be required to attend a deposition?
Only in the county where the person resides, is employed, or does business, or at another place the court sets as convenient.
Where can an out-of-state, nonparty witness be required to sit for a deposition held in Maryland?
Only in the county where they were served with the subpoena, within 40 miles of where they were served, or at another convenient place the court orders.
What if I need to depose a nonparty who lives out of state and the deposition will happen there?
Rule 2-413(a)(2) defers to the law of the place where the deposition is held.
Where can I require a party to the case to attend their deposition?
Anywhere a nonparty could be required to attend under Rule 2-413(a), or in the county where the action is pending, whichever the noticing party prefers.
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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