Legal Question in Civil Litigation in Maryland
pre litigation discovery
Is there a way to obtain discovery (subpoena a person for deposition; obtain records from a company) prior to filing a lawsuit for the sole purpose of determining whether there is some cause of action?
Asked on 2/04/08, 6:34 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: pre litigation discovery
MD court rules do allow a person who is considering bringing a lawsuit to subpoena a witness for a deposition to perpetuate that witness' testimony. You must first file a notice of the deposition in the circuit court of the county in which the expected defendant resides or is located, or in the county where you expect to bring the suit if the potential defendant is not a MD resident.
Answered on 2/05/08, 9:44 am