More Protection for Attorney-Expert Communications

In 2023, the Maryland Rule regarding expert witness disclosures, Maryland Rule 2-402, was amended to include protections for draft reports or disclosures, as well as certain attorney-expert communications. The communications that are still discoverable include: (i) communications that relate to compensation for an expert’s study or testimony; (ii) communications that identify facts or data that the attorney provided and the expert considered; and (iii) communications that identify assumptions that the party’s attorney provided and the expert relied on in forming the opinions to be expressed.

Which Courts are they Talking About?

Effective January 2023, Maryland’s appellate courts were renamed. The Courts in Maryland are as follows:

  • District Courts – These courts housed in each county hear cases with amounts in controversy less than$30,000.
  • Circuit Courts – These are Maryland’s trial courts of general jurisdiction located in all 23 counties.
  • The Appellate Court of Maryland – Formerly known as the Court of Special Appeals, this is the intermediate appellate court.
  • The Supreme Court of Maryland – Formerly known as the Maryland Court of Appeals, this is Maryland’s highest appellate court.
  • The U.S. District Court for the District of Maryland – this is the name of the federal court, which has locations in Baltimore and Greenbelt.

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