Nonparty Discovery in Maryland
Sometimes parties to a lawsuit need information that can only be obtained through individuals or entities who are not parties to the lawsuit. When this is the case, nonparty discovery allows attorneys to gather such evidence. In Maryland, there are four key nuances to consider to ensure effective evidence collection while managing potential liability risks:
(1) Subpoena Power: One of the most potent tools available in nonparty discovery is the subpoena. Maryland Rule 2-510(a)(1)(B) states, “[a] subpoena is required to compel a nonparty to attend, give testimony, and produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things at a deposition,” making this rule an invaluable resource for obtaining pertinent information that may not be accessible through traditional party discovery.
(2) Scope of Discovery: In Maryland, requests for nonparty discovery must focus on information that is relevant and directly related to claims or defenses in the lawsuit. Making overly broad requests to nonparties can lead to disputes and exposes the requesting party to liability for harassment or undue burden.
(3) Protective Orders: Nonparties can seek protective orders under Maryland Rule 2-403 if they want to try to limit the scope of discovery or the disclosure of sensitive information. Rule 2-403 allows the court to protect a person from whom discovery is sought from discovery that the court finds to be annoying, embarrassing, oppressing, or unduly burdensome or expensive.
(4) Mitigating Liability Risks: Improperly issued subpoenas or intrusive requests can lead to liability claims against the requesting party, including accusations of defamation, invasion of privacy, or tortious interference with business relations. Requesting parties must consider these risks before proceeding with nonparty discovery.
A recent divorce proceeding forced the Appellate Court of Maryland to dive deep into the topic of nonparty discovery. In Trusted Science and Technology, Inc. v. Nicholas Evancich, et al., the husband, a co-founder and shareholder of an engineering company, initiated a divorce action against his wife. The wife sought production of documents from the engineering company, a nonparty, for valuation purposes. The company objected to the wife’s subpoena on relevance and overbreadth grounds, and the Circuit Court for Montgomery County compelled the company’s production without considering its objection on those grounds. On appeal, the Court found that the company, as a nonparty, had standing to object to the subpoena on grounds of irrelevance and overbreadth, stating, “whether discovery from nonparties is subject to a higher standard than discovery between parties is a question for another day, but it certainly is not subject to a lower one.”
Ultimately, successfully navigating nonparty discovery in Maryland requires a strategic approach to minimize liability and ensure adherence to legal standards. Parties must be diligent in crafting discovery requests that respect the rights of nonparties while being prepared to address any objections that may arise. By following the Maryland Rules and maintaining open lines of communication, parties can effectively utilize nonparty discovery, enhancing their case without incurring unnecessary risks.
Written by attorney Anna V. Cree.
