Maryland Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   A subpoena must be obeyed unless it is objected to or quashed or modified as Maryland Rule 2-510 allows. Never simply ignore it. Rule 2-510 governs circuit court civil cases, and Rule 3-510 governs the District Court.

2. 2

   Maryland splits the rule into two tracks. For a trial or hearing subpoena, the motion is to be filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance (Md. Rule 2-510).

3. 3

   For a deposition subpoena duces tecum, a written objection is due within 10 days after service (Md. Rule 2-510(f)). If an objection is filed, the serving party is not entitled to production except under an order of the court from which the subpoena was issued.

4. 4

   A written objection and a motion are different steps. The objection under Rule 2-510(f) applies to a deposition document subpoena, and the requester may move to compel before or within 15 days after the deposition. Protection from a deposition subpoena is sought by a protective order under Rule 2-403 on good cause.

5. 5

   For a trial or hearing subpoena, the court may order what justice requires to protect a person from annoyance, embarrassment, oppression, or undue burden or cost, including that the subpoena be quashed or modified (Md. Rule 2-510(e)). Production can be conditioned on advancement of reasonable costs by the serving party (Rule 2-510(e)(3)). Rule 2-510(e) is separate from the deposition track under Rule 2-403.

6. 6

   Other grounds: a protective order for a deposition under Rule 2-403 on good cause, electronically stored information that is not reasonably accessible (Rule 2-510(g)(2)), and privilege, where the claim must describe each item withheld.

7. 7

   The motion goes to the court from which the subpoena issued. The subpoena must be on the uniform form approved by the State Court Administrator (Rule 2-510(c)), and a good-faith effort should be made to serve a trial subpoena at least 5 days before trial, with no service more than 60 days after issuance (Rule 2-510(d)).

Maryland Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  A subpoena must be obeyed unless it is objected to or quashed or modified as Maryland Rule 2-510 allows.

• Trial Subpoena Timing

  A motion on a trial or hearing subpoena is to be filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance (Md. Rule 2-510).

• 10-Day Written Objection

  A written objection to a deposition subpoena duces tecum is due within 10 days after service, and production then requires a court order (Md. Rule 2-510(f)).

• Objection Is Not a Motion

  The Rule 2-510(f) objection is not a motion. For a deposition, a protective order is sought under Rule 2-403 on good cause, not Rule 2-510(e); the requester may move to compel before or within 15 days after the deposition.

• Grounds Stated in the Alternative

  The motion states its grounds in the alternative: for a trial or hearing subpoena, annoyance, embarrassment, oppression, undue burden or cost; ESI not reasonably accessible; privilege with each item described; Rule 2-403 good cause for a deposition.

• Issuing Court and District Court

  The motion goes to the court from which the subpoena was issued: circuit court under Rule 2-510, or District Court under Rule 3-510.

• Uniform Subpoena Form

  The subpoena must be on the uniform form approved by the State Court Administrator, and only the clerk may copy a blank form (Md. Rule 2-510(b)(4), (c)).

• Service Window and Costs

  A good-faith effort to serve a trial subpoena at least 5 days before trial, and no service more than 60 days after issuance (Md. Rule 2-510(d)); for a trial or hearing subpoena, the court may order production only upon advancement of reasonable costs (Rule 2-510(e)(3)).