Md. Code Regs. 26.20.35.06

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.35.06 - Motion to Compel Discovery

A. If a deponent fails to answer a question propounded, or a party upon whom a request is made pursuant to Regulation .11 of this chapter, or a party upon whom answers to interrogatories are served fails to adequately respond or objects to the request, or any part of it, or fails to permit inspection as requested, the discovering party may move the hearing officer for an order compelling a response or inspection in accordance with the request.

B. The motion shall set forth the following:

(1) The nature of the questions or request;

(2) The response or objection of the party upon whom the request was served; and

(3) Arguments in support of the motion.

C. For purposes of this regulation, an evasive answer or incomplete answer or response shall be treated as a failure to answer or respond.

D. In ruling on a motion made pursuant to this regulation, the hearing officer may make such protective order as he is authorized to make on a motion made pursuant to Regulation .03D of this chapter.

Md. Code Regs. 26.20.35.06

Regulations .06 were previously codified as COMAR 08.13.09.44 a A_L, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.