Tuesday, October 29, 2019

Limited Discovery in Breach of Lease?

In a District Court breach of lease case, is limited discovery allowed to? In other words can the landlord find out about the tenant's case prior to trial and vice versa?

Hudson v. Housing Authority, 935 A.2d 395, 402 Md. (2007) seems to indicate that limited discovery in certain types of landlord-tenant cases is allowed. In a footnote it cites the following:

1. Maryland Rule 3-711 (2006), entitled "Landlord-Tenant and Grantee Actions," states:


        Landlord-tenant and grantee actions shall be governed by (1) the procedural provisions of all applicable general statutes, public local laws, and municipal and county ordinances, and (2) unless inconsistent with the applicable laws, the rules of this Title, except that no pretrial discovery under Chapter 400 of this Title shall be permitted in a grantee action, or an action for summary ejectment, wrongful detainer, or distress for rent, or an action involving tenants holding over. Hudson v. Housing Authority, 935 A.2d 395, 402 Md. 18 (Md. App., 2007)

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