Maryland Subpoena

Introduction

Key Things to Know

1. 1

   A Maryland subpoena is a court process issued in a pending action, bearing the court's seal and the clerk's signature, commanding a person to attend and give testimony or to produce designated documents, electronically stored information or tangible things.

2. 2

   A Maryland subpoena may be served only within 60 days after it is issued. A person may not serve or attempt to serve one after that, and a violation is itself a Rule violation, so an unserved subpoena has to be reissued (Rule 2-510(d)).

3. 3

   The Judiciary implemented a uniform, statewide subpoena form effective July 1, 2015 under Rules 2-510, 3-510, 4-265 and 4-266, with separate versions for the District Court and each Circuit Court to carry the required seal and the appropriate clerk's signature. The content of every version is the same.

4. 4

   Maryland attorneys access pre-signed uniform subpoenas through the Attorney Information System. Out-of-state attorneys file the Request for Issuance of Subpoena Based Upon Foreign Subpoena Authorization form, and self-represented litigants must obtain the paper form from the appropriate court.

5. 5

   Unless impracticable, a party shall make a good faith effort to cause a trial or hearing subpoena to be served at least five days before the trial or hearing (Rule 2-510(d)). That is a good-faith standard rather than a hard cutoff.

6. 6

   No witness fee per day and no witness mileage rate appears in the current official text of the Courts and Judicial Proceedings Article. Section 9-203(h) still refers to witness fees payable under a Section 9-202 that the Article no longer prints, so confirm the amount owed with the clerk of the court where the case is filed.

7. 7

   A witness summoned to attend who without sufficient excuse neglects to appear may be attached and fined an amount not exceeding $300, and is liable to answer the summoning party in an action upon the case for the damage sustained (Cts. and Jud. Proc. Section 9-201(b)).

Maryland Requirements for Subpoena

• Serve Within 60 Days or Reissue

  A person may not serve or attempt to serve a Maryland subpoena more than 60 days after its issuance, and a violation of that limit is itself a Rule violation (Rule 2-510(d)). The Judiciary form page adds that an unserved subpoena must be reissued for service.

• One Uniform Statewide Form, Per-Court Versions

  Under Rules 2-510, 3-510, 4-265 and 4-266 the Judiciary implemented a uniform, statewide subpoena form effective July 1, 2015. Separate versions exist for the District Court and each Circuit Court so the required seal and the appropriate clerk signature appear on each subpoena, and the content of all versions is the same.

• Where to Get the Form Depends on Who You Are

  Maryland attorneys access pre-signed uniform subpoenas through the Attorney Information System. Out-of-state attorneys file the Request for Issuance of Subpoena Based Upon Foreign Subpoena Authorization form. Self-represented litigants must obtain the paper form from the appropriate court.

• Five-Day Good Faith Effort for a Trial Subpoena

  Unless impracticable, a party shall make a good faith effort to cause a trial or hearing subpoena to be served at least five days before the trial or hearing (Rule 2-510(d)). This is a good faith standard with an impracticability escape, not an absolute cutoff.

• Confirm the Witness Fee With the Clerk

  No witness fee per day and no witness mileage rate appears in the current official text of the Courts and Judicial Proceedings Article, even though Section 9-203(h) still refers to witness fees payable under a Section 9-202 the Article no longer prints. Confirm what must accompany the subpoena with the clerk of the court where the case is filed rather than relying on a figure from a commercial site.

• A Sheriff of Any County, or a Nonparty Over 18

  A Maryland subpoena may be served by a sheriff of any county or by any person who is not a party and is not less than 18 years of age, by delivering a copy to the person named or to an authorized agent, or as permitted by Rule 2-121(a)(3). Service on a represented party may be made on the attorney under Rule 1-321(a) (Rule 2-510(d)).

• Record-Specific Statutes Add Requirements

  The cross reference to Rule 2-510(d) flags additional requirements for particular records: Courts Article Section 6-410 for public records custodians, Health General Article Sections 4-302 and 4-306(b)(6) with 45 C.F.R. 164.512 for medical records, Health General Article Section 4-307 for mental health records, and Financial Institutions Article Section 1-304.

• Attachment, a $300 Fine, and Misuse Sanctions

  A witness summoned who without sufficient excuse neglects to appear may be attached and fined an amount not exceeding $300, and is liable to the summoning party in an action upon the case for the damage sustained (Cts. and Jud. Proc. Section 9-201(b)). Misuse of a subpoena may draw a reasonable attorney fee and costs, exclusion of evidence obtained through the misuse, and reimbursement of any person inconvenienced.