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Rule 2-402 (f)(3) is proposed to be amended with respect to
the allocation of expert fees and expenses. The fee and expense
provisions set forth in the amendment are applicable "unless the
court orders otherwise on the ground of manifest injustice."
Instead of the vague allowance of a fee for time spent "in
responding to discovery," subsection (f)(3)(A) authorizes a fee
only for time spent in attending the deposition and in traveling
to and from the deposition, plus travel expenses. Subsection
(f)(3)(A) further limits the rate that a party seeking discovery
must pay to an expert for attending a deposition to the rate
charged by the expert for time spent preparing for the
deposition. This is similar to the policy reflected in Local
Rule 104.11.a. of the Rules of the United States District Court
for the District of Maryland.
Additionally, with respect to the rare occurrence of
discovery that is allowed under subsection (f)(2), subsection
(f)(3)(B) requires the party seeking discovery to pay the expert
a reasonable fee for preparing for the deposition.
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