Rule 2-404.Perpetuation of evidence

Most discovery rules assume a lawsuit is already pending, but Rule 2-404 covers the situation where one hasn't been filed yet and evidence might not survive the wait. Anyone who expects to be involved in a future action can petition to preserve testimony or other evidence relevant to a claim or defense that action might raise. The petitioner uses the same tools as in a pending case — a deposition notice, a document request, or a motion for a physical or mental examination — but adds a description of the expected case, the petitioner's interest in it, the facts to be established, the reasons for acting now, and, for a deposition, what the testimony is expected to cover and a statement that anyone served has the right to attend.

The petition is filed in the circuit court for the county where an expected resident adverse party lives, or, if that party isn't a Maryland resident, in a county where venue would be proper once the case is filed. It's served like a summons on everyone the evidence might later be used against and any other interested person, and no sanctions apply against someone asked for evidence this way unless a subpoena or court order backs up the request. Evidence perpetuated this way can be used later in any court handling the same subject matter against anyone who was served. The rule also covers the flip side: after a judgment or appealable order, the same court can allow evidence to be perpetuated for further proceedings if that's needed to avoid a failure or delay of justice, with protective conditions available along the same lines as Rule 2-403.