r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

MARYLAND RULES OF PROCEDURE
TITLE 4 - CRIMINAL CAUSES
CHAPTER 200 - PRETRIAL PROCEDURES
AMEND Rule 4-261 to allow a deposition in an action in the
District Court under the same circumstances under which a
deposition in a circuit court may be taken, as follows:
Rule 4-261. DEPOSITIONS
(a) Availability in District Court
In District Court a deposition may be taken only with the
consent of the State and the defendant and upon order of court.
(b) Availability in Circuit Court
In a circuit court the The parties may agree, without an
order of court, to take a deposition of a witness, subject to the
right of the witness to move for a protective order under section
(g) (f) of this Rule. Without agreement, the court, on motion of
a party, may order that the testimony of a witness be taken by
deposition if the court is satisfied that the witness may be
unable to attend a trial or hearing, that the testimony may be
material, and that the taking of the deposition is necessary to
prevent a failure of justice.
(c) (b) Contents of Order for Deposition
An order for a deposition shall state the name and address
of each witness to be examined and the time, date, and place of
examination. It shall also designate any documents, recordings,
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