From The Listserv (Continued from page 22)
tion of documents) shall serve a notice of the deposition. Rule 2-412(c) requires that the notice be served at least 30 days before the deposition. Rule 2-401(d)(1) includes notices of deposition in the defi- nition of discovery material, and 2-401(d)(2) requires that all discovery material be served on all other parties.
From: “Mike” <
Mike@JacobsBarney.com>
Andy: Referring to Rule 3-401(a), 3-421 & 3-431, is it your view that absent court order or stipulation by the parties, that Rule 3-510 refers to subpoenas to testify at trial? That is our interpretation. If you have a way around that, I & others, Iexpect, would welcome any suggestions.
From: Andrew Freeman <
adf@browngold.com>
Mike:␣ I agree with your interpretation of Rule
3-510.␣ Opportunities for depositions in District Court are extremely limited.␣ Rule 3-401(a) permits depositions only upon written stipulation.␣ Rule 3-431 permits de benne esse depositions with leave of court.␣ Otherwise, subpoenas under Rule 3-510(including document subpoenas to third parties) are to testify at trial.␣
From: “Troy Powers” <
tpowers@abs.net>
As a matter of fact, there are several house counsel attorneys who practice this way. The last time it occurred to me, I was in A.A. County and the defense attorney subpoenaed volumes of records to trial and attempted to introduce them into evidence.
I objected based on surprise, not being no- tified of the intent to introduce, and not having had the opportunity to review the records. The judge sustained the objection and kept them ALL out. I think it would be proper to either use a 10-104 notice, or a Rule 5-902(a)(11) certification. Since I argued the attorney did not do either, the objection was sustained. The hospital records are subject to Rule 3-510(h).
SUBJECT: AMENDED PLEADING AFTER WAIVER OF HCA CLAIM TO CIRCUIT COURT
Phillips OShaughnessy” <
phil.osh@worldnet.att.net>
I have a pending case brought on in- formed consent, only. Recent evidence gives the basis for a negligence claim. In-
(Continued on page 26)
24
Trial Reporter
Summer 2001
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56