(a) Immediate sanctions for certain failures of discovery. — A discovering party may move for sanctions under Rule 2-433 (a), without first obtaining an order compelling discovery under section (b) of this Rule, if a party or any officer, director, or managing agent of a party or a person designated under Rule 2-412 (d) to testify on behalf of a party, fails to appear before the officer who is to take that person’s deposition, after proper notice, or if a party fails to serve a response to interrogatories under Rule 2-421 or to a request for production or inspection under Rule 2-422, after proper service. Any such failure may not be excused on the ground that the discovery sought is objectionable unless a protective order has been obtained under Rule 2-403.
Rule 2-432.Motions upon failure to provide discovery
Circuit Court · Last amended January 1, 2008 · Last verified July 13, 2026
In one sentenceSets out when a party can move to compel discovery, and when it can go straight to sanctions, after another party or witness fails to cooperate.
Full Text of Rule 2-432
(b) For order compelling discovery. —
(1) When Available. — A discovering party, upon reasonable notice to other parties and all persons affected, may move for an order compelling discovery if
(A) there is a failure of discovery as described in section (a) of this Rule,
(B) a deponent fails to answer a question asked in an oral or written deposition,
(C) a corporation or other entity fails to make a designation under Rule 2-412 (d),
(D) a party fails to answer an interrogatory submitted under Rule 2-421,
(E) a party fails to comply with a request for production or inspection under Rule 2-422,
(F) a party fails to supplement a response under Rule 2-401 (e), or
(G) a nonparty deponent fails to produce tangible evidence without having filed written objection under Rule 2-510 (f).
(2) Contents of Motion. — A motion for an order compelling discovery shall set forth: the question, interrogatory, or request; and the answer or objection; and the reasons why discovery should be compelled. Instead of setting forth the questions and the answers or objections from a deposition, the relevant part of the transcript may be attached to the motion. The motion need not set forth the set of interrogatories or requests when no response has been served. If the court denies the motion in whole or in part, it may enter any protective order it could have entered on a motion pursuant to Rule 2-403. For purposes of this section, an evasive or incomplete answer is to be treated as a failure to answer.
(c) By nonparty to compel production of statement. — If a party fails to comply with a request of a nonparty made pursuant to Rule 2-402 (f) for production of a statement, the nonparty may move for an order compelling its production.
(d) Time for filing. — A motion for an order compelling discovery or for sanctions shall be filed with reasonable promptness.
(e) Appropriate court. — A motion for an order compelling discovery or for sanctions shall be filed with the court in which the action is pending, except that on matters relating to a deposition, the motion may be filed either with the court in which the action is pending or with the court in the county in which the deposition is being taken.
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; June 10, 1997, effective July 1, 1997; Jan. 20, 1999, effective July 1, 1999; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former Rule 422 c 1 and 3.
Section (b) is derived from former Rule 422 a 2, 3 and 4.
Section (c) is derived from former Rule 400 e.
Section (d) is derived from former Rule 417 c 1.
Section (e) is derived from former Rule 422 a 1.
Plain-English Summary
Rule 2-432 gives discovery its teeth. In the most serious situations, a discovering party can skip straight to a motion for sanctions under Rule 2-433 (a) without first getting an order compelling discovery: when a party, or a corporate officer, director, managing agent, or designated deposition witness, fails to show up for a properly noticed deposition, or when a party fails altogether to respond to interrogatories under Rule 2-421 or to a document request under Rule 2-422. Skipping straight to sanctions isn't available just because the discovery sought was objectionable; a party has to get a protective order under Rule 2-403 to excuse noncompliance on that basis.
For everything short of that, section (b) lays out the standard motion-to-compel path, available when a deponent won't answer a question, an entity won't designate a witness under Rule 2-412 (d), a party won't answer an interrogatory or comply with a document request, a party won't supplement a response as Rule 2-401 (e) requires, or a nonparty deponent withholds tangible evidence without filing a written objection under Rule 2-510 (f). The motion has to lay out the question, interrogatory, or request, along with the answer or objection given and the reasons discovery should be compelled; a deposition transcript excerpt can substitute for retyping questions and answers, and if no response was served at all, the motion doesn't need to restate the entire set of interrogatories or requests. An evasive or incomplete answer counts as no answer at all. If the court denies the motion, it can enter any protective order it could have entered under Rule 2-403. A nonparty can also move to compel production of a witness statement it requested under Rule 2-402 (f) if a party won't turn it over. Every motion under this rule has to be filed with reasonable promptness, and it goes to the court where the action is pending, except that deposition-related disputes can also be filed in the county where the deposition is happening.
Frequently Asked Questions
When can a party move straight for sanctions without first asking the court to compel discovery?
When a party, corporate representative, or designated deposition witness fails to appear for a properly noticed deposition, or when a party fails entirely to serve a response to interrogatories or a document request. In those situations, Rule 2-432 (a) lets the discovering party seek sanctions under Rule 2-433 (a) directly.
What has to be in a motion to compel discovery?
The question, interrogatory, or request at issue, the answer or objection that was given, and the reasons discovery should be compelled. A deposition transcript excerpt can stand in for restating questions and answers, and if the other side never responded at all, the motion doesn't have to reproduce the entire set of interrogatories or requests.
Does an evasive answer count as a real response?
No. Section (b)(2) treats an evasive or incomplete answer as a failure to answer, which means it can support a motion to compel just as a flat refusal would.
Where does a motion to compel discovery get filed?
Generally in the court where the action is pending. For disputes tied to a deposition, the motion can instead be filed in the court of the county where the deposition is being taken.
Is there a deadline for filing a motion to compel?
The rule requires the motion be filed with reasonable promptness rather than setting a fixed number of days, so waiting too long after the discovery failure can itself undercut the motion.
Can a nonparty use this rule?
Yes, in one specific situation: if a party won't produce a statement a nonparty requested under Rule 2-402 (f), the nonparty can move under section (c) to compel its production.
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: motion to compel discovery marylandmotion for sanctions discovery marylanddiscovery sanctions marylandfailure to answer interrogatoriesfailure to appear for deposition maryland