Rule 3-513.Testimony taken by telephone

District Court · Last amended July 1, 2021 · Last verified July 13, 2026

In one sentenceRule 3-513 sets the standard and procedure for letting a District Court witness testify by telephone instead of appearing in person.

Full Text of Rule 3-513

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) When testimony taken by telephone allowed; applicability. — A court may allow the testimony of a witness to be taken by telephone (1) upon stipulation by the parties or (2) subject to sections (d) and (e) of this Rule, on motion of a party to the action and for good cause shown. This Rule applies only to testimony by telephone and does not preclude testimony by other remote means allowed by law or, with the approval of the court, agreed to by the parties.

(b) Time for filing motion. — Unless for good cause shown the court allows the motion to be filed later, a motion to take the testimony of a witness by telephone shall be filed at least 30 days before the trial or hearing at which the testimony is to be offered.

(1) address and telephone number for the witness;

(2) the subject matter of the witness’s expected testimony;

(3) the reasons why testimony taken by telephone should be allowed, including any circumstances listed in section (d) of this Rule;

(4) the location from which the witness will testify;

(5) whether there will be any other individual present in the room with the witness while the witness is testifying and, if so, the reason for the individual’s presence and the individual’s name, if known.

(d) Good cause. — A court may find that there is good cause to allow the testimony of a witness to be taken by telephone if:

(1) the witness is otherwise unavailable to appear because of age, infirmity, or illness;

(2) personal appearance of the witness cannot be secured by subpoena or other reasonable means;

(3) a personal appearance would be an undue hardship to the witness; or

(4) there are any other circumstances that constitute good cause for allowing the testimony of the witness to be taken by telephone.

(e) When testimony taken by telephone is prohibited. — If a party objects, a court shall not allow the testimony of a witness to be taken by telephone unless the court finds that:

(1) the witness is not a party and will not be testifying as an expert;

(2) the demeanor and credibility of the witness are not likely to be critical to the outcome of the proceeding;

(3) the issue or issues about which the witness is to testify are not likely to be so determinative of the outcome of the proceeding that the opportunity for face-to-face cross-examination is needed;

(4) a deposition taken under these Rules is not a fairer way to present the testimony;

(5) the exhibits or documents about which the witness is to testify are not so voluminous that testimony by telephone is impractical;

(6) adequate facilities for taking the testimony by telephone are available;

(7) failure of the witness to appear in person is not likely to cause substantial prejudice to a party; and

(8) no other circumstance requires the personal appearance of the witness.

(f) Use of deposition. — A deposition of a witness whose testimony is received by telephone may be used by any party for any purpose for which the deposition could have been used had the witness appeared in person.

(g) Costs. — Unless the court orders otherwise for good cause, all costs of testimony taken by telephone shall be paid by the movant and may not be charged to any other party.

End

Amendment History

Added March 9, 2010, effective July 1, 2010; amended effective July 1, 2020; amended effective July 1, 2021.

Committee Note & Source

Cross references. For an example of testimony by other means allowed by law, see Code, Family Law Article, § 9.5-110.

Committee note. This section applies to the witness’s unavailability to appear personally in court, not to the witness’s unavailability to testify.

Source. This Rule is new.

Plain-English Summary

Telephone testimony is the exception, not the rule, and this rule spells out how a party gets there. The parties can agree to it by stipulation. Absent agreement, a party must move for it and show good cause, and that motion is due at least 30 days before the trial or hearing unless the court excuses the delay for good cause.

The motion itself has to do real work: it must name the witness, give contact information and location unless the court excuses that, describe what the witness will testify about, explain the reasons telephone testimony should be allowed, and disclose whether anyone else will be in the room with the witness. Section (d) lists circumstances that can support good cause — age, infirmity, or illness; inability to secure the witness by subpoena; undue hardship; or any other good reason.

Section (e) flips the burden once a party objects. In that situation, the court can't allow telephone testimony unless it affirmatively finds all eight listed conditions — among them that the witness isn't a party or an expert, that demeanor and credibility aren't likely to matter much, that the issues aren't so central that face-to-face cross-examination is needed, and that no other circumstance calls for the witness to appear in person. The rule closes with a costs provision: the party who asked for telephone testimony pays for it, unless the court orders otherwise for good cause.

Frequently Asked Questions

When must I file a motion to take a witness's testimony by telephone?

At least 30 days before the trial or hearing, unless the court allows a later filing for good cause shown.

Can the other side block telephone testimony?

Yes, in effect. If a party objects, the court can't allow telephone testimony unless it finds all eight conditions in section (e) are met, including that the witness's demeanor and credibility aren't likely to be critical to the outcome.

Who pays for telephone testimony?

The party who moved for it, unless the court orders otherwise for good cause.

Does this rule cover testifying by video instead of phone?

No. This rule applies only to testimony by telephone. Other remote means, such as video conferencing, are addressed separately under Rule 3-513.1.

Source & verification. Rule text, Committee Note, Source note, and amendment history are reproduced verbatim from the Maryland Rules, adopted by the Supreme Court of Maryland. Last verified July 13, 2026. · Official source

Also known as: testify by phone Maryland District Courttelephone testimony motion Marylandgood cause for phone testimony Marylandremote witness testimony Maryland District Court rule