Many cases will require the help of experts. For example, in a slip-and-fall case, a plaintiff may claim that she suffered permanent physical injuries for which she needs future medical care. In such a case, the plaintiff will likely support her case with a physician’s testimony. The defendant may use their own physician expert. This article addresses expert discovery for circuit court civil cases.

Maryland Rule 2-402(g) details the special discovery rules that apply to experts. There are also evidentiary rules that apply to an expert’s qualifications, opinions, and bases. Those will not be discussed in this article, but familiarize yourself with these rules, which can be found in Title 5, Chapter 700 of the Maryland Rules.

There are two types of experts:

1. "Consulting" experts who are not expected to be called at trial; and
2. Experts whom you intend to call as witnesses at trial.

If you hired an expert as a consulting expert and do not intend to ask the expert to testify at trial, it is unlikely that you will have to disclose the consulting expert’s identity and opinions. However, under rare circumstances, you may have to disclose the consulting expert’s identity and opinions in discovery. For example, if the opposing party shows that they have "substantial need" for the information and cannot obtain the substantial equivalent of the materials by other means without undue hardship. This is a high bar to meet.

Read the Rule: Md. Rule 2-402(g)(2); 2-402(d)

The identity and opinions of experts expected to be called at trial is discoverable. In interrogatories, you may ask your opponent to identify their expert witnesses, to state the subject matter on which the expert is expected to testify, to state the expert’s findings, opinions, and the grounds for each opinion, and to produce a written report, if one was authored.

Read the Rule: Md. Rule 2-402(g)(1)(A)

You may also ask in interrogatories that the opposing party summarize the qualifications of the expert witness, produce the list of publications written by the expert, and state the expert’s fee schedule. Learn more about interrogatories.

Read the Rule: Md. Rule 2-402(g)(1)(B)

You may depose the experts. Learn more about depositions.

Read the Rule: Md. Rule 2-402(g)(1)(A)

If you wish to depose an opposing party’s experts, keep in mind that customary practice requires you to pay the expert for the time the expert spends attending the deposition and for travelling to and from the deposition, unless the opposing party agrees or the court orders otherwise.

Read the Rule: Md. Rule 2-402(g)(3)