The Supreme Court of Maryland adopted an amendment to Maryland Rule 2-433, which governs sanctions in Maryland state courts.  Amended Maryland Rule 2-433(b) abandons the shallow “safe harbor” rule.   

The proposed rule, posted in the 219th Report of the Standing Committee on Rules of Practice and Procedure would have tracked the federal sanctions rule, Fed.R.Civ.P. 37(e).  The Supreme Court did not follow that approach; however, it did adopt “reasonable anticipation” of litigation as the event triggering the common-law duty to preserve.