11. Fees and Costs
U.S. District Court of Maryland Local Rules (December 1, 2025)
9. [Reserved for Future Use]
10. Actions and Witnesses Exempted from Provisions of Fed. R. Civ. P.
26(a)(2)(B)
Unless otherwise ordered by the Court, a party must provide the disclosures required by
Fed. R. Civ. P. 26(a)(2)(B) only as to experts retained or specially employed by a party to
provide expert testimony. The disclosures need not be provided as to hybrid fact/expert
witnesses such as treating physicians. The party must disclose the existence of any hybrid
fact/expert witness pursuant to Fed. R. Civ. P. 26(a)(2)(A), and disclose the subject matter on
which the witness is expected to present evidence under Fed. R. Evid. 702, 703, or 705, as
well as a summary of the facts and opinions to which the hybrid fact/expert witness is
expected to testify, pursuant to Fed. R. Civ. P. 26(a)(2)(C). In addition, an adverse party may
obtain the opinions of such witnesses (to the extent appropriate) through interrogatories,
document production requests, and depositions.
11. Fees and Costs
a) Interpretation of Fed. R. Civ. P. 26(b)(4)(E)
Unless otherwise ordered by the Court, any reasonable fee charged by an expert for the
time spent in a discovery deposition and in traveling to and from the deposition shall be paid
by the party taking the deposition. The fee charged by the expert for time spent preparing
for the deposition shall be paid by the party designating the expert. The expert may not
charge an opposing party for a discovery deposition a fee at any hourly rate higher than the
rate that he or she charges for the preparation of his or her report.
b) Limitation on the Amount of Fees of Treating Physician
Unless otherwise ordered by the Court, a treating physician shall not charge a fee higher
than the hourly fee that he or she customarily charges for in-office patient consultation or
$325 per hour, whichever is lower, for any work that he or she performs in connection with
any discovery matter or for the taking of a de bene esse deposition. Any party noticing a
deposition of a treating physician shall (after conferring with opposing counsel) advise the
physician of the number of hours that will be required for the deposition (both on direct
and cross examination). The treating physician may not charge for any hours exceeding this
estimate, provided that the deposition is completed within the estimate, and may terminate
the deposition when the estimated time has elapsed.
c) Limitation on Cost of Photocopying
Unless otherwise ordered by the Court, the amount that a party or third-party witness
may charge as a photocopying expense when producing documents in response to a
