ULE 2-422. DISCOVERY OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND PROPERTY

(a) Scope.Any party may serve one or more requests to any other party (1) as to items that are in the possession, custody, or control of the party upon whom the request is served, to produce and permit the party making the request, or someone acting on the party's behalf, to inspect, copy, test, or sample designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form) or to inspect and copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 2-402 (a); or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection, measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on the property, within the scope of Rule 2-402 (a).

(b) Request.A request shall set forth the items to be inspected, either by individual item or by category; describe each item and category with reasonable particularity; and specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form in which electronically stored information is to be produced.

(c) Response.The party to whom a request is directed shall serve a written response within 30 days after service of the request or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later. The response shall state, with respect to each item or category, that (1) inspection and related activities will be permitted as requested, (2) the request is refused, or (3) the request for production in a particular form is refused. The grounds for each refusal shall be fully stated. If the refusal relates to part of an item or category, the part shall be specified. If a refusal relates to the form in which electronically stored information is requested to be produced (or if no form was specified in the request) the responding party shall state the form in which it would produce the information.

Cross reference:See Rule 2-402 (b)(1) for a list of factors used by the court to determine the reasonableness of discovery requests and (b)(2) concerning the assessment of the costs of discovery.

(d) Production.

(1) A party who produces documents or electronically stored information for inspection shall (A) produce the documents or information as they are kept in the usual course of business or organize and label them to correspond with the categories in the request, and (B) produce electronically stored information in the form specified in the request or, if the request does not specify a form, in the form in which it is ordinarily maintained or in a form that is reasonably usable.

(2) A party need not produce the same electronically stored information in more than one form.

Committee note:Onsite inspection of electronically stored information should be the exception, not the rule, because litigation usually relates to the informational content of the data held on a computer system, not to the operation of the system itself.In most cases, there is no justification for direct inspection of an opposing party's computer system.SeeIn re Ford Motor Co., 345 F.3d 1315 (11th Cir. 2003) (vacating order allowing plaintiff direct access to defendant's databases).

To justify onsite inspection of a computer system and the programs used, a party should demonstrate a substantial need to discover the information and the lack of a reasonable alternative. The inspection procedure should be documented by agreement or in a court order and should be narrowly restricted to protect confidential information and system integrity and to avoid giving the discovering party access to data unrelated to the litigation. The data subject to inspection should be dealt with in a way that preserves the producing party's rights, as, for example, through the use of neutral court-appointed consultants.See, generally,The Sedona Conference,The Sedona Principles: Best Practices Recommendations and Principles for Addressing Electronic Document Production(2d ed. 2007), Comment 6. c.

Source:This Rule is derived from former Rule 419 and the 1980 and 2006 versions of Fed. R. Civ. P. 34.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended March 22, 1991, eff. July 1, 1991; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 4, 2007, eff. Jan. 1, 2008.]

MD Rules, Rule 2-422, MD R RCP CIR CT Rule 2-422

Current with amendments received through August 1, 2015

SAMPLE REQUEST FOR PRODUCTION OF DOCUMENTS

  1. Copies of your Federal and State personal income tax returns, including all W-2’s, 1099’s, schedules, and attachments for the years 2012 to the present.
  2. Copies of all forms submitted to any Federal, State, or local taxing authority in connection with the payment of estimated taxes for the preceding calendar year and the current calendar year to the present.
  3. Copies of all W-4 forms filed by you with any employer for the years 2012 to present.
  4. All documents presented to, and all documents you or anyone else used in the preparation of material to present to, your accountant or income tax preparer related to, or for, preparation of your Federal and State income tax returns for each tax year since January 1, 2012.
  5. All documents used, and reviewed, by your accountant or income tax preparer related to, or for, preparation of your Federal and State income tax returns for each tax year since January 1, 2012 through the present.
  6. Copies of financial statements, including loan applications, prepared by you or on your behalf from January 1, 2012 through the present, including personal statements as well as statements for any business in which you have any interest.
  7. Your employment related salary stubs or wage statements for the past eighteen months.
  8. Copies of all documents illustrating income earned by you from real or personal property, in which you have had a direct or indirect interest, from January 1, 2012 through the present.
  9. The monthly statements on all checking accounts, in which you have or have had a direct or indirect interest, from January 1, 2012 through the present.
  10. All original bank books, certificates of deposit, savings and loan account books and bank statements, showing cash in banks and building and loan associations, in which you have or have had a direct interest, from January 1, 2012 through the present.
  11. All original passbooks or other documentary evidence of accounts opened by you for the benefit, of another, from January 1, 2012 through the present, whether said accounts are now open or closed.
  12. Copies of all receipts for credit cards which you have used illustrating each particular charge, monthly statements and year-end summaries related to said cards from January 1, 2012 through the present, including business credit cards which you use and personal credit cards in your name.
  13. Records showing dates and costs of all trips taken by you from January 1, 2012 through the present.
  14. All deeds and deeds of trust, mortgages and settlement sheets in connection with the sale or purchase of real estate in your name, either solely or jointly with others, from January 1, 2012 through the present.
  15. All stocks, bonds, mutual funds or any like asset, in which you have or have had any direct or indirect interest, from January 1, 2012 through the present.
  16. All records or indicia of ownership or interest in any trust, corporation, partnership, joint venture or any other business venture, in which you have or have had a direct or indirect interest, from January 1, 2012 through the present.
  17. Copies of all joint venture agreements or partnership agreements, in which you have had a direct or indirect interest, from January 1, 2012 through the present.
  18. All documentary evidence of profit sharing, pension, or retirement funds, in which you have or have had an interest, since the date of marriage through the date of trial, including the latest benefit statement; a copy of the Plan, all amendments, and the summary plan description; a copy of the latest actuarial report; and a copy of the latest form 5500.
  19. All instruments, documents or records evidencing disposition of any assets over $250.00, in which you have or have had an interest, from January 1, 2012 through the present.
  20. Records showing amounts of money or other valuables held by persons other than you, for your benefit, from January 1, 2012 through the present.
  21. If you contend that any property is non-marital, copies of any documents which would support your contention.
  22. Copies of all records, files, documents, and other written material, including Agreements, tracing documents and records pertaining to any item of property which you claim is non-marital property. This includes, but is not limited to, property existing at the time of the marriage; property and assets directly traceable thereto; property acquired by inheritance; gifts from third persons; and property excluded by valid Agreement.
  23. Copies of all documents which you intend to rely upon or which you intend to use to demonstrate how and when specific marital property was acquired, including the effort expended by each spouse in accumulating the marital property.
  24. Documents or records which itemize in detail (or a list of) any and all property and assets of every nature and description owned by you or in which you have any interest in excess of $500.00, either alone or with others, whether present, future, or contingent, not otherwise specifically provided for above. Include in said itemization the following:

(a) Value of each item and nature and extent of your interest therein;

(b) Where cash or the equivalent is the asset listed, state the amount and location where said asset is kept;

(c) When, for what amount, and from whom each item was purchased or acquired;

(d) The source of any funds used to purchase any asset having a value over $1,000;

(e) If titled, in whose name was the item originally titled; and if changed, in whose name the item is now titled.

  1. Copies of all existing life insurance policies and any policies which covered your life from January 1, 2012 through the present.
  2. Copies of all insurance policies insuring personal property and real property owned by you.
  3. Documents evidencing your current debts.
  4. Evidence of any transaction in which you are involved wherein money was loaned by you to an individual or entity, as well as any evidence of any loan made to you (whether business or personal) from January 1, 2012 through the present.
  5. Any and all documents illustrating an appraised fair market value obtained by you or any agent for you with regard to any item of real or personal property in which you claim any interest, said appraisal having been accomplished from date of marriage through the date of trial.
  6. All documents supporting your claim that certain assets are not marital property.
  7. Any document referenced in your Answers to Interrogatories in this matter.
  8. Copies of any and all written communications between you and the Plaintiff during the last twelve (12) months.
  9. Copies of any and all written communications between you and any third party from January 1, 2012 through the present, which mentions the Plaintiff and/or the minor child.
  10. Copies of any and all written communications between you and any third party during from January 1, 2012 through the present, which discussed your marriage to the Plaintiff.
  11. Copies of any and all written communications, from January 1, 2012 through the date of trial, between any e-mail address you have used and .
  12. Copies of all documents which you intend to rely upon in connection with your contentions regarding any of the following matters: (a) that you should be awarded primary physical custody; (b) that your child’s physical custody should be shared or split; (c) that Plaintiff is not a fit and proper person to have custody, legal or physical and (d) that Plaintiff should not have sole legal and physical custody.
  13. If you contend that the Plaintiff should not have primary custody of the minor child, please produce all documents, including correspondence and notes, upon which you intend to base in whole or in part, or which otherwise relate to, said contention.
  14. Copies of any and all memoranda, letters, reports, interim reports, and other memorandum from any daycare provider/nanny or pediatrician pertaining to the minor child, from February 5, 2014 to the present.
  15. Any and all bills and invoices received from any attorney or law firm in connection with services performed or costs incurred pertaining to any issue involved in this litigation, including a detailed itemized statement of services performed by your attorney, information sufficient to show the date upon which each service was performed, the rate at which each service was billed, the amount of time expended in connection with each service performed, including incremental portions of hours, a detailed description of each service performed, the total amount requested for each service, and a copy of any agreement or retainer letter signed by you, authorizing the performance of services of the expenditure in connection with which the claim is made, and copies of any and all checks written, or other documents evidencing payment, from whatever source, for legal services provided or costs incurred.
  16. Evidence of all payments made by you, or anyone on your behalf, to any attorney with whom you have worked from January 1, 2012 through the date of trial, as well as evidence of any payments made for court costs, suit money or investigator's fees.
  17. All documents relating or referring to any expert or consultant hired by you or any agent for you in connection with this case, including but not limited to any written reports and/or treatises relied upon and/or publications, written by any expert or consultant whom you intend to call as a witness.
  18. The most recent Curriculum Vitae and all written opinions, announcements or reports prepared by any of the experts whom you intend to call as a witness in the trial, or any other evidentiary hearing of this matter.
  19. Copies of all invoices or bills received from any expert you have consulted, regardless of whether you intend to call that expert as a witness, and all documents pertaining to any payment made or any bill or invoice received.
  20. Any written report made by any expert hired by you or any agent for you, whom you propose to call as a witness.
  21. All documents provided to any expert hired by you or any agent for you, whom you propose to call as a witness.
  22. Any documents which relate or refer to the purchase or sale of real or personal property in which you, individually or jointly with another/others, or your corporation(s) have or have had a direct or indirect interest from January 1, 2012 through the date of trial.
  23. Documents which support or negate the figures set forth in any financial statement you have filed in the above-captioned action.
  24. All records and documents pertaining to amounts paid by you to the Plaintiff as child support, payments made directly for the benefit of the minor child, from January 1, 2013 through the present.
  25. Any and all documentary evidence which you or anyone on your behalf, intend to introduce at the hearing on this matter.
  26. All tapes, videotapes or other recordings of any conversation to which you or the Plaintiff were a party since January 1, 2012, and all transcripts of such conversations.
  27. All photographs and physical evidence which reflect or relate in any way to the issues in this action.
  28. Any documents or correspondence upon which you intend to base in whole or part any defense to any part of the allegations set forth in the Plaintiff’s Complaint.
  29. All appointment books, calendars, diaries and any similar compilations maintained by you or for you, whether for business or personal reasons, from January 1, 2013 through the date of trial.
  30. Copies of any and all medical reports, dental reports, hospital records, and bills received by you pertaining to your personal condition, from January 1, 2013 to the present.