Discovery is governed by Maryland’s Rules of Civil Procedure, Rule 2-402. MD. CODE ANN., CTS. & JUD. PROC. § 2-401 (West 2017). The rule governs discovery generally and does not specifically set rules for expert witness testimony. Id. However, the rule does allow that two of the reasons a court can limit discovery is if the request for discovery is “unreasonably cumulative or duplicative” or “the burden or cost of the proposed discovery outweighs its likely benefit.” Id. Case law provides that parties may obtain discovery of all information that is “relevant and not privileged.” Porter Hayden Co. v. Bullinger, 713 A.2d 962 (Md.1998). The court has allowed inquiry into the financial information of expert witnesses to be used by the opposing side to show an expert’s bias. Falik v. Hornage, 991 A.2d 1234 (Md. 2010).
Call us today! 508-457-1111
