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  • June 19, 2017

A Party Must Produce Documents in His/Her Control Even if Not in His/Her Possession

Under the Maryland Rules of Civil Procedure, is it acceptable for a party to produce only a portion of the documents requested in discovery because those are all of the documents in his/her possession? Current case law in Maryland says no. It is common practice as part of discovery to propound Requests for Production of Documents on an opposing party. It has also become quite common for the responding party to produce only those documents within his/her possession, claiming no further obligation to obtain and produce others. Such is not the case in Maryland. The presiding case on this issue…

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