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

Section (d) (c) is derived from former Rule 740 d.
Section (e) (d) is derived from former Rule 740 e.
Section (f) (e) is derived from former Rule 740 f.
Section (g) (f) is derived from former Rule 740 g.
Section (h) (g) is derived from former Rule 740 h.
Section (i) (h) is derived from former Rule 740 i.
REPORTER’S NOTE
The proposed amendments to Rule 4-261 allow a deposition in
the District Court under the same circumstances under which a
deposition is allowed in a circuit court, i.e., either by
agreement of the parties or by order of court if the court is
satisfied that a witness whose testimony may be material may be
unable to attend a trial or hearing and that the taking of a
deposition is necessary to prevent a failure of justice.
Depositions in circuit court criminal actions are rare, and the
Rules Committee believes that they will occur with even less
frequency in the District Court. However, in circumstances such
as the impending military deployment overseas of a key witness,
the ability to preserve the witness’s testimony for trial should
not depend upon the agreement of the opposing party.
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