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The 1983 provision was explicitly adopted as part of the scope of discovery defined by Rule 26(b)(1). At trial. details of any fraud allegation D didn t do this ). the opponent is under no obligation to plead to them in response. In this section, “person” has the meaning stated in Rule 1-202 of the Maryland Rules. In order to provide the reasoning for the petition to be filed pursuant to section�428, the party tendering evidence is to comply with the requirements set out in section�424 numbers�1 to�3 and number 5, and moreover is to demonstrate to the satisfaction of the court that the record or document is in fact in the hands of the third party. (1) If the facts or circumstances that the record or document is to prove are significant, and if the petition corresponds to the stipulations of the preceding section, the court is to determine a period within which the record or document is to be produced. (2) The opponent may petition that the proceedings be continued prior to the expiry of the deadline if the action brought against the third party has been dealt with and terminated, or if the party tendering evidence is tardy in filing the corresponding suit, protracts the litigation, or delays compulsory enforcement.

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Publisher: Sweet (1946)


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