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Source: This Rule is derived as follows:
Section (a) is derived from former Rule 405 a 1 and a 2 (a) and
FRCP 30 (b)(1) the 1980 version of Fed. R. Civ. P. 30 (b)(1).
Section (b) is derived from Rule 410 c.
Section (c) is derived from FRCP 30 (b)(5) the 1980 version of
Fed. R. Civ. P. 30 (b)(5).
Section (d) is derived from FRCP 30 (b)(6) the 1980 version of
Fed. R. Civ. P. 30 (b)(6) and former Rule 405 a 2 (b).
Section (e) is new.
Section (e) (f) is derived from former Rule 412 a.
REPORTER'S NOTE
A treating physician may be considered both a fact witness
and an expert whose loss of time in deposition is recognized as
deserving of compensation.
New section (e) is derived in part from Local Rule 104.11.b.
of the Rules of the United States District Court for the District
of Maryland. It is intended to require a discovering party (1)
to reimburse the physician for time spent attending a deposition
and traveling to and from the deposition and (2) to estimate the
total number of hours that will be required. The section also
provides that the physician may not charge a fee higher than the
hourly fee customarily charged for in-office patient
consultation, and it allows the physician to terminate the
deposition when the estimated time has elapsed.
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