With leave of court for good cause shown, a party to a pending action may perpetuate the testimony of any party or person by deposition upon oral examination or written questions. Unless otherwise ordered by the court, the taking and use of the deposition shall be in accordance with Chapter 400 of Title 2.
Rule 3-431.Perpetuation of testimony
District Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 3-431 lets a party in a pending Maryland District Court case ask the court for leave to depose a party or witness specifically to preserve that person's testimony.
Full Text of Rule 3-431
Committee Note & Source
Committee note. A person desiring to perpetuate testimony before an action is instituted may do so in accordance with Rule 2-404.
Source. This Rule is derived from former M.D.R. 402.
Plain-English Summary
Routine discovery depositions in District Court require a written stipulation under Rule 3-401. Rule 3-431 covers a different situation: preserving testimony that might otherwise be lost before trial. A party in a pending action can ask the court for leave, on a showing of good cause, to depose any party or other person by oral examination or written questions for that purpose. Instead of needing the other side's agreement, the party needs the court's permission.
Once the court grants leave, the deposition itself follows the same procedure used in Circuit Court under Chapter 400 of Title 2, unless the District Court orders something different. A committee note attached to the rule flags an important boundary: this rule only works once an action is already pending. Someone who wants to preserve testimony before filing suit has to use Rule 2-404 instead.
Frequently Asked Questions
When would I use this rule instead of the regular deposition process?
Use it when you need to lock in a witness's or party's testimony for a specific reason — failing health, an upcoming move, fading memory — rather than for routine fact-gathering. This route needs the court's permission and a good-cause showing, not just the other side's agreement.
What procedure applies once the court grants leave?
The same deposition procedures used in Circuit Court cases under Chapter 400 of Title 2, unless the District Court orders otherwise.
Can I perpetuate testimony before I've even filed my case?
No. Rule 3-431 only applies to a pending action. To preserve testimony before filing suit, look to Rule 2-404 instead.
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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