ABOUT THIS FORM: Notice to Take Deposition
If you want to take a deposition in a civil case in Maryland Circuit Court, Md. Rule 2-412 requires you to serve a written notice on the witness. This is commonly referred to as a Notice of Deposition. The notice must be served 10 days before the deposition and it must notify the witness of the time, place, date, and location of the deposition. If the witness is a party, they are required to comply and appear for the deposition. For witnesses that are not parties in the case, you will need to serve a subpoena along with the deposition notice in order to make compulsory.
IN THE CIRCUIT COURT OF MARYLAND
FOR HOWARD COUNTY
JANE DOE – Plaintiff,
JOHN TORTFEASOR – Defendant.
NOTICE OF DEPOSITION
Please take notice that Plaintiff, Jane Doe, by counsel, will take the deposition of Defendant, John Tortfeasor, on Thursday, June 3, 2010 at 10:00am at the Glenwood Office Park, 3060 Route 97, Glenwood, MD 21738, 2nd floor conference room. The deposition will be taken under oath before a notary public or other authorized official.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this day of , 2020, a copy of the foregoing was served via electronic mail and first class mail on:
Justice, Brown, & White
100 E. Pratt Street
Baltimore, MD 21202
Dewey, Cheetum & Howe
1010 South Street, Suite 2130
Baltimore, MD 21201
FAQs – Notice of Deposition
Does serving a notice of deposition compel the witness to appear?
If the witness is an actual party in the case, the Notice of Deposition is compulsory because they are already subject to the Court’s authority and can be sanctioned for discovery violations if they don’t appear. However, if the witness is not a party to the case, serving them with a deposition notice does NOT mean that they are compelled or required to appear. If you want to compel the witness to appear for the deposition you will need to serve them with a subpoena in addition to the deposition notice.
Where can a deposition be taken?
A deposition can be taken almost anywhere, as long a a court reporter is able to be there. Depositions are usually conducted at the office of one of the attorneys, but they can be taken at the witnesses’ home, or even in a McDonald’s dining room. The witness can require that the location be within their county of residence.