Sample Plaintiff’s Deposition Notice and Documents Request

Below is a sample deposition notice of the plaintiff.  The items listed below are the type of things you can expect a defense lawyer to ask you to bring with you to your deposition.

JOHN Q. SMITH
Plaintiff,

v.

ANY HOSPITAL USA
Defendant.

************

IN THE CIRCUIT COURT FOR BALTIMORE CITY
CASE NO. 00-C-00-000000 MM

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NOTICE TO TAKE DEPOSITION

Defendants, Any Hospital USA, by its attorneys, Sam Doe, pursuant to the Maryland Rules of Civil Procedure, will take the deposition upon oral examination of the below-named person on the date and time and at the location indicated below before a person duly authorized to administer an oath under Maryland law.

The deposition will be recorded via stenographic, audio, and/or videotaped means for the purpose of discovery and/or used as evidence and/or any other purposes permitted by the Maryland Rules of Civil Procedure, including use at trial, and will continue day to day until completed. The Deponent shall bring to the deposition the documents/things listed on “Schedule A” attached hereto.

Name: John Smith
Date: November 1, 2023
Place: Miller & Zois, LLC
1 South Street, Suite 2450
Baltimore, Maryland 21202

SCHEDULE “A”

1. Any and all medical records, evaluations, reports, statements, or other documents showing treatment or other medical care rendered to Plaintiff as a result of the alleged occurrence.
2. Any and all diagrams, videotapes or audiotapes, x-rays, surveys, pictures or other documents concerning the event in any way.
3. Any and all documents identified in your answers to this party’s interrogatories.
4. Any and all documents concerning any release, settlement, or compromise given to, or received by, you for any injury or damage arising out of the occurrence in any manner.
5. All documents that support the special damages (medical expenses, property damage, lost earnings, etc.) that you claim in this action.
6. All documents that identify each person or entity who has paid Medicare, Medicaid, or any other federally funded benefits to anyone with respect to the injuries or occurrence complained of in this action, and for each such entity or person, attach all documents that list the type and amount of benefits paid, the claim/case number, policy number, contact person or and any other information regarding any benefits paid or payable by Medicare, Medicaid, or any other federally funded benefits program.
7. A copy of the front and back of your health insurance card, proof of insurance or any other document describing health benefits available to you.
8. Any and all applications submitted for Social Security Disability, or any other disability benefit available to Plaintiff, at any time.
9. Any and all documentation submitted in support of a Social Security application, or any other disability benefit available to Plaintiff, for benefits at any time.
10. Any and all documentation received by you which is related to any Social Security application, or any other disability benefit available to Plaintiff, for benefits at any time.
11. Copies of federal and state tax returns for the five years prior to the event which is the subject complained of in this action.

Thoughts for Plaintiffs’ Lawyers

Most lawyers look at the date on a deposition notice, put it on the calendar, and that is that.  Then a big fight breaks deposition over the failure to produce the relevant documents.

What you should really do is immediately analyze the notice and figure out whether there are defects that you need to deal with before the deposition.

If the notice is defective or if the conditions for the deposition are not acceptable (defense lawyers, please do not note my client’s deposition for anywhere but my office), make a good faith effort with defense counsel to clear up the problem.

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