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What is the recourse if the request in a RPD are all but objected to?

Fort Washington, MD |

In a civil case a party was furnished a Request for Production of Documents according to Maryland Rules of Procedure. In the parties response, all but 1 request was objected to claiming the request was either vague and ambiguous or that the request was overly broad and unduly burdensome. Because the Request for Production of Documents was responded to I understand a motion to compel isn't the next step. But the information asked for is essential in the defense of a case. I understand attorneys use this strategy to limit the discovery of evidence to limit the opposing party to provide the information. But what is the progressive next step to possibly get a hearing to have the court decide if the information should be provided?

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Attorney answers 4

Best Answer

Before filing a motion to compel, Rule 2-431 requires that you make a good faith attempt to resolve the discovery dispute with the opposing party. Send a letter indicating that the discovery responses are insufficient. Quote each request and response and indicate what is deficient about each response. If necessary, clarify what you meant or explain why the request is relevant or not over broad. Request that they properly supplement their responses within a week or you will file a motion to compel and seek fees and costs. If they do not respond or do so insufficiently, call and try to work it out on the phone. Document that call with a short letter indicating that since you were unable to resolve the dispute, you will be seeking the court's assistance by filing a motion to compel. Attach all of these documents to a certificate of good faith explaining your efforts to resolve the dispute without burdening the court and file it with your motion to compel which should be very similar to your original letter.


I agree with counsel's fine explanation about the process of obtaining the documents requested. Don't by shy about following what she laid out. This is the process attorneys follow all the time, and it works. However, I would add that you will do this better if you at least consult with an attorney to obtain some guidance and legal advice on the details regarding your particular case.

This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.


If you are proceeding on your own and the other party has counsel, which is how matters appear to read from your note, please reevaluate your circumstances and truly exhaust every avenue to obtain counsel before proceeding on your own.


As stated, a letter indicating that the discovery responses are insufficient should be sent.