C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...

actions conform the terminology of the sections to recent
Constitutional and statutory changes. An additional amendment to
Rule 3-326, together with an amendment to Rule 2-326, implement
the provisions of Chapter 275, Acts of 2003, concerning the
transfer of an action for damages exceeding $25,000 for a
dishonored check from the District Court to an appropriate
circuit court.
Category Two comprises a proposed amendment to Rule 2-231
and proposed new Rule 2-232. The amendment to Rule 2-231 allows
a party to appeal an order of a circuit court granting or denying
class action certification, and new Rule 2-232 adds a procedure
for derivative actions by stockholders. Both are based on
comparable federal rules, Fed. R. Civ. P. 23 (f) and 23.1,
respectively.
Category Three contains proposed rules changes relating to
discovery, summary judgment, and other pretrial procedure.
Amendments to Rule 2-501 are proposed to encourage disposition of
actions by summary judgment in appropriate cases and, together
with amendments to Rule 2-415, discourage the use of “sham
affidavits” to defeat motions for summary judgment. Amendments
to section (b) of Rule 2-501 require greater specificity and
documentation in a response to a motion for summary judgment and
allow the court, on motion, to strike all or part of an affidavit
or other statement under oath that contradicts a prior sworn
statement of the affiant. Amendments to Rule 2-415 allow for
changes to the form and substance of deposition testimony within
thirty days after submission of the transcript to the deponent
and provide for further deposition on the subject matter of any
substantive changes.
An amendment limiting the length of depositions is proposed
to be added to Rule 2-411, and a new section (b) allowing the
court in a particular case to set limits on discovery that is
otherwise permitted is proposed to be added to Rule 2-402. Also
added to Rule 2-402 and to Rule 2-412, and described in detail in
the Reporter’s notes to those Rules, are new provisions
concerning discovery from an expert witness and the fees and
expenses of the expert. A proposed amendment to Rule 2-401
encourages parties to supply discovery materials in a word
processing file or other electronic format, upon request.
Amendments to section (a) of Rules 2-501, 2-421, 2-422, and 2-424
delete the phrase “at any time” to make clear that a motion for
summary judgment or a discovery request may not be made at any
time if the timing is not in accordance with a scheduling order
entered under Rule 2-504. An amendment to Rule 2-504.2 adds to
the list of matters that may be considered at a pretrial
conference two categories consistent with those of Fed. R. Civ.
-4