RULE 2-419. DEPOSITION--USE
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 2-419
RULE 2-419. DEPOSITION--USE
(2) By Adverse Party. The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, managing agent, or a person designated under Rule 2-412(d) to testify on behalf of a public or private corporation, partnership, association, or governmental agency which is a party may be used by an adverse party for any purpose.
(b) Use of Part of Deposition. If only part of a deposition is offered in evidence by a party, an adverse party may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered and any party may introduce any other part in accordance with this Rule.
(c) Deposition Taken in Another Action. A deposition lawfully taken in another action may be used like any other deposition if the other action was brought in any court of this State, of any other state, or of the United States, involved the same subject matter, and was brought between the same parties or their representatives or predecessors in interest.
(d) Objection to Admissibility. Subject to Rules 2-412(e), 2-415(g) and (j), 2-416(g), and 2-417(c), an objection may be made at a hearing or trial to receiving in evidence all or part of a deposition for any reason that would require the exclusion of the evidence if the witness were then present and testifying.
(e) Effect of Deposition. A party does not make a person that party's own witness by taking the person's deposition. The introduction in evidence of all or part of a deposition for any purpose other than as permitted by subsections (a)(1) and (a)(2) of this Rule makes the deponent the witness of the party introducing the deposition. At a hearing or trial, a party may rebut any relevant evidence contained in a deposition, whether introduced by that party or by any other party.
Source: This Rule is derived from former Rule 413.
[Adopted April 6, 1984, eff. July 1, 1984. Amended Dec. 8, 2003, eff. July 1, 2004; Dec. 7, 2015, eff. Jan. 1, 2016.]
The December 8, 2003, order rewrote subsec. (a)(1); and, in section (d), changed a reference from Rule 2-415(i) to Rule 2-415(j). Prior to amendment, subsec. (a)(1) read:
“(1) Contradiction and Impeachment. A deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness.”
The December 7, 2015, order, amended the Rule to permit a deposition to be recorded by electronic audio or audio-video means of recording and replaced the present limitation of the means of electronically recording a deposition to videotape or audiotape.
MD Rules, Rule 2-419, MD R RCP CIR CT Rule 2-419
Current with amendments received through August 1, 2019.
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