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Rule 4-265 – Subpoena for Hearing or Trial

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Definitions.

(1)Trial. For purposes of this Rule, “trial includes hearing.
(2)Trial Subpoena. For purposes of this Rule, “trial subpoena includes hearing subpoena.
(b) Issuance. A subpoena shall be issued by the clerk of the court in which an action is pending in the following manner:

(1) On request of a party, the clerk shall prepare and issue a subpoena commanding a witness to appear to testify at trial. The request for subpoena shall state the name, address, and county of the witness to be served, the date and hour when the attendance of the witness is required, and which party has requested the subpoena. If the request is for a subpoena duces tecum, the request also shall designate the relevant documents, recordings, photographs, or other tangible things, not privileged, that are to be produced by the witness.
(2) On request of a party entitled to the issuance of a subpoena, the clerk shall provide a blank form of subpoena which shall be filled in and returned to the clerk to be signed and sealed before service.
(3) On request of a member in good standing of the Maryland Bar entitled to the issuance of a subpoena, the clerk shall issue a subpoena signed and sealed by the clerk, which the attorney shall fill in before service.
(4) An attorney of record in a pending action who is a registered user under Rule 20-101 may obtain from the clerk through MDEC, for use in that action, an electronic version of a blank form of subpoena containing the clerk’s signature and the seal of the court, which the attorney may download, print, and fill in before service.
(5) Except as provided in subsections (b)(3) and (b)(4) of this Rule, a person other than the clerk may not copy and fill in any blank form of subpoena for the purpose of serving the subpoena.
(c) Issuance of Subpoena Duces Tecum. A subpoena duces tecum shall include a designation of the documents, recordings, photographs, or other tangible things, not privileged, that are to be produced by the witness.
(d) Filing and Service. Unless the court waives the time requirements of this section, a request for subpoena shall be filed at least nine days before trial in the circuit court, or seven days before trial in the District Court, not including the date of trial and intervening Saturdays, Sundays, and holidays. At least five days before trial, not including the date of the trial and intervening Saturdays, Sundays, or holidays, the clerk shall deliver the subpoena for service pursuant to Rule 4-266(b). Unless impracticable, there must be a good faith effort to cause a trial subpoena to be served at least five days before the trial.

Md. Crim. Causes. 4-265

This Rule is in part derived from former Rule 742 b and M.D.R. 742 a and in part new.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 7, 1994, eff. Oct. 1, 1994; Dec. 19, 1996, eff. Jan. 1, 1997; Jan. 20, 1999, eff. July 1, 1999; Dec. 4, 2007, eff. Jan. 1, 2008; March 2, 2015, eff. July 1, 2015; April 9, 2018, eff. July 1, 2018.

HISTORICAL NOTES

2007 Orders

The December 4, 2007, order, rewrote this Rule, which previously read:

“(a) Preparation by Clerk. On request of a party, the clerk shall prepare and issue a subpoena commanding a witness to appear to testify at a hearing or trial. Unless the court waives the time requirements of this section, the request shall be filed at least nine days before trial in circuit court, or seven days before trial in the District Court, not including the day of trial and intervening Saturdays, Sundays, and holidays. The request for subpoena shall state the name, address, and county of the witness to be served, the date and hour when the attendance of the witness is required, and the party requesting the subpoena. If the request is for a subpoena duces tecum, the request also shall contain a designation of the documents, recordings, photographs, or other tangible things, not privileged, which constitute or contain evidence relevant to the action, that are to be produced by the witness. At least five days before trial, not including the day of trial and intervening Saturdays, Sundays, or holidays, the clerk shall deliver the subpoena for service pursuant to Rule 4-266(b).

“(b) Preparation by Party. On request of a party entitled to the issuance of a subpoena, the clerk shall provide a blank form of subpoena which shall be filled in and returned to the clerk to be signed and sealed before service. On request of an attorney or other officer of the court entitled to the issuance of a subpoena, the clerk shall issue a subpoena signed and sealed but otherwise in blank, which shall be filled in before service. 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.

“Source: This Rule is derived from former Rule 742 b and M.D.R. 742 a.æTæT

The March 2, 2015, order reorganized the Rule to add certain provisions concerning the use and copying of subpoena forms; permitted electronic issuance of a blank form of subpoena under certain circumstances; and made stylistic changes.

2018 Orders

The April 9, 2018 order, added references to the cross reference at the end of the Rule.

As to additional requirements for certain subpoenas, see Code, Health–General Article, §§ 4-302 and 4-306(b)(6), 45 C.F.R. § 164.512 regarding medical records; Code, Health–General Article, § 4-307 regarding mental health records; and Code, Financial Institutions Article, § 1-304.