Maryland Circuit Court Discovery - 4. Other Methods

Mental or Physical Examinations of Persons – Maryland Rule 2-423

This device is not used as commonly as others, so you should review Maryland Rule 2-423 before you make such a request. When a party’s mental or physical condition is in controversy in a lawsuit, the Court may order the party to undergo a mental or physical examination by a professional. If you want your opponent to undergo a mental or physical examination, you must make a motion to the Court and demonstrate good cause. If the Court agrees that an examination is appropriate, it will enter an order permitting the examination. This device is only used when a party’s mental or physical condition is at issue and must not be used to harass or embarrass the opposing party. For example, if a plaintiff claims to have suffered permanent physical injuries following a motor vehicle accident, the defendant may seek to have an independent physician to conduct a physical examination of the plaintiff.

The parties will agree to a suitable time and place for conducting the examination. They will also reach agreements about the scope of the examinations and the person who will conduct the examination. Of course, the person conducting the examination will have to be paid, and the parties will have to reach an agreement about payment of the fees.

Requests for Admission of Facts and Genuineness of Documents – Maryland Rule 2-424

There are two types of request for admissions. The first type asks the opposing party to admit or deny the truth of facts. The second asks the opposing party to admit or deny the genuineness of documents or ESI.  See Maryland Rule 2-424(a). Each separate fact or document should be a separate request.

Just like answers to interrogatories and responses to request for production of documents, responses to request for admissions must be served within the later of thirty days after service of the request or within fifteen days after the date on which the party’s initial pleading or motion is required. It is very important that you do not ignore requests for admissions. If you fail to respond to a request for admission, the admission will be deemed admitted.  See Maryland Rule 2-424(b). The response must be signed by the party or the party’s attorney.

If you are answering requests for admissions, you may object. You will need to respond by admitting, denying, or stating the reason for which you cannot truthfully admit or deny the admission. You may admit part of a request and deny the remainder. If you do not know the answer to a request, you must make a “reasonable inquiry” to answer the request. If after making such an inquiry, you still cannot admit or deny the request, then you may state that.

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