Rules of
Procedure Update by David Kopstein, Co-Chair MTLA Amicus Committee
David M. Kopstein (Dross, Levenstein, Perilman & Kopstein in Seabrook) received his J.D. From Georgetown University. He is a member of the MTLA President’s Club as a Contributor and serves on MTLA’s Amicus and Technology Committees. Mr. Kopstein is an
active member of ATLA and serves on its Publications Committee. He also practices in the District of Columbia and in Virginia, where he is a member of the Fairfax Bar Association. His practice areas include medical negligence, products liability, insurance coverage and appellate matters.
NEW RULES WILL ADDRESS “SHAM AFFIDAVIT” PROBLEM
The Court of Appeals is in the process of adopting amendments to Rules 2-501 and 2-415 that are intended to address the “sham affidavit” problem that was dis- cussed by the Court in Pittman v. Atlantic Realty Co., 359 Md. 513 (2000). The amendments are expressly intended to encourage trial judges to grant summary
judgment motions more often. Under the amended rules, trial judges who are de- ciding summary judgment motions will be required to strike any affidavit oppos- ing summary judgment that contradicts the affiant’s earlier deposition testimony. There will be a narrow exception for affi- davits which raise new facts that were not
known at the time of the deposition. At the same time, the rules are being changed to allow deponents to make substantive changes to deposition testimony up to 30 days from the date on which the transcript is mailed.
The new rules are expected to go into effect on January 1, 2004.
8
Trial Reporter
Fall 2003
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