Request - You may ask the opposing party to produce documents, other tangible things, and electronically stored information (“ESI”). Examples of ESI include writings, drawings, graphs, charts, sound recordings, images, and other data.

You can also ask the other party to permit you to enter land or property of a party. For example, you may ask for permission to enter onto a designated property so that you can photograph something or test something on the property.

Each request should describe the individual item or category. If you would like to inspect a tangible item or examine land or property, you should specify a reasonable time, place, and manner for inspecting.

Read the Rule: Md. Rule 2-422(a)

The Rules do not set a limit on the number of documents you may request. However, you should be reasonable in your requests. The Maryland Rules as well as any court orders lay out what is within the scope of discovery.

Read the Rule: Md. Rule 2-402

Note that if you are seeking to enter the land or property of a nonparty to the action, then there are additional requirements.

Read the Rule: Md. Rule 2-422.1

Response - Once you are served a request for production, you are required to submit a written response within the time limit. The time limit will be the later of:

• 30 days after you were served with the request for production; OR
• 15 days after your initial pleading or motion is required.

You have until the later of these two dates to submit your written response to the request for production. If you have objections to a request, you need to explain the reason for your objection in your written response.

Read the Rule: Md. Rule 2-422(c)

It has become increasingly popular for parties to ask each other for ESI. If your opposing party asks for ESI, you must produce them either “as they are kept in the usual course of business or organize and label them to correspond with the categories in the request.” If your opponent asks you to produce the ESI in a specific form, you should produce it that way. If the request does not specify, then produce the documents how they are normally maintained or in a format that is reasonably usable. You do not need to produce the same piece of ESI in more than one form.

Read the Rule: Md. Rule 2-422(d)

Discovery in the Circuit Court from the Maryland Courts