Production of Documents

• Jurisdiction: Maryland

VII. PRODUCTION OF DOCUMENTS

Maryland Rule 2-422 entitled "Discovery of Documents, Electronically Stored Information and Property" provides that a party at any time may serve one or more requests on any other party for items in the possession, custody, or control of the other party. The respondent must produce documents or electronically stored information for inspection and copying, produce any other tangible things or permit entry upon designated land or other property, as requested.¹⁹⁰ The document request shall set forth the items to be inspected by individual item or by category, shall describe each item in a category with reasonable particularity and shall specify a reasonable time, place and manner of making the inspection and performing the related acts.¹⁹¹ The request may specify the form in which electronically stored information is to be produced. A written response shall be made by the party to whom the request is directed 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 requested whether the request for inspection will be permitted and, if not, the reasons for said refusal.¹⁹² Documents produced for inspection shall be produced as they are kept in the normal course of business or organized and labeled to correspond with the categories in the request; electronically stored information, unless specified in the request, shall be produced in the form in which it is ordinarily maintained or in that form which is reasonably usable.¹⁹³

There are three principal functions to be served with respect to pre-trial discovery of documents: to acquire accurate and useful information with respect to testimony which is likely to be presented by an opponent, to obtain information or other information which appears reasonably calculated to lead to the discovery of admissible evidence, and to use as an aid in cross-examining the opponent's witnesses.¹⁹⁴

A. How to Produce Documents

Production of documents may be done by informal exchange or by a formal request. Documents that are privileged, constitute work product or are made in anticipation of litigation need not be produced. Where appropriate, a protective order may be sought if a request is objectionable. Upon demand of the opposing party, however, the documents for which privilege or other reason for nonproduction is asserted should be listed in a reasonably identifiable manner so that the opponent, if he wishes to compel production, can describe the documents to the court. In such situations, the court may then require the documents to be produced to the court for an in camera inspection. Generally speaking, document production will be done prior to the taking of a deposition.

The first step in any document production is a thorough review of the requested documents. This is particularly important in situations where there are a large number of documents to be produced. Privileged documents should be segregated carefully from their original files and labeled...