Md. Code Regs. 10.27.02.01-3

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.27.02.01-3 - Discovery

A. Discovery on Request. By written request served on other parties and filed with this Board, a party may require another party to produce, within 15 calendar days:

(1) A list of witnesses to be called; and

(2) Copies of documents intended to be produced at the hearing.

B. Mandatory Discovery.

(1) Each party shall provide to the other party the name and curriculum vitae of any expert witness who will testify at the hearing not later than 15 days before the scheduled hearing date.

(2) The designation of an expert witness shall be accompanied by a detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion.

(3) If the Board finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of this section, the Board shall exclude from the hearing the testimony and any report of the expert.

(4) At the hearing, the Board shall consider arguments regarding the sufficiency of the report.

(5) If an expert adopts a sufficiently specific charging document as the expert's report, the report satisfies the requirements set forth in this regulation.

C. Parties are not entitled to discovery of items other than as listed in §§A and B of this regulation.

D. Ongoing Duty of Disclosure.

(1) All parties have a continuing duty to supplement their disclosures of witnesses and documents.

(2) If witnesses or documents are later added to the list provided under §A of this regulation, each party shall provide notice of these witnesses or documents to the opposing party during business hours at least 1 day before the hearing.

(3) The notice requirement referred to in §D(2) of this regulation applies only to witnesses or documents to be used in the party's case-in-chief and not to witnesses or documents to be used for impeachment or rebuttal purposes.

Md. Code Regs. 10.27.02.01-3

Regulation .01-3 adopted effective April 30, 2001 (28:8 Md. R. 760)