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Rule 4-266 – Subpoenas-Generally

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Form. Except as otherwise permitted by the court for good cause, every subpoena shall be on a uniform form approved by the State Court Administrator. The form shall contain:

(1) the caption of the action,
(2) the name and address of the person to whom it is directed,
(3) the name of the person at whose request it is issued,
(4) the date, time, and place where attendance is required,
(5) a description of any documents, recordings, photographs, or other tangible things to be produced,
(6) the date of issuance and an expiration date which shall be 60 days after the date of issuance, and
(7) a statement that the subpoena may be served within 60 days after its issuance and may not be served thereafter.

Committee note: A subpoena may be used to compel attendance at a court proceeding or deposition that will be held more than 60 days after the date of issuance, provided that the subpoena is served within the 60-day period. The failure to serve a subpoena within the 60-day period does not preclude the reissuance of a new subpoena.

(b) Service. A subpoena shall be served by delivering a copy to the person named or to an agent authorized by appointment or by law to receive service for the person named or as permitted by Rule 2-121(a)(3). A subpoena may be served by a sheriff of any county or by a person who is not a party and who is not less than 18 years of age. A subpoena issued by the District Court may be served by first class mail, postage prepaid, if the administrative judge of the district so directs. A person may not serve or attempt to serve a subpoena more than 60 days after its issuance.

Cross reference: See Code, Courts Article, ยง 6-410, concerning service upon certain persons other than the custodian of public records named in the subpoena if the custodian is not known and cannot be ascertained after a reasonable effort.

(c) Protective Order. Upon motion of a party, a person named in the subpoena, or a person named or depicted in an item specified in the subpoena filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance the court, for good cause shown, may enter an order which justice requires to protect the party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one of the following:

(1) That the subpoena be quashed;
(2) That the subpoena be complied with only at some designated time or place other than that stated in the subpoena, or before a judge, or before some other designated officer;
(3) That certain matters not be inquired into or that the scope of examination or inspection be limited to certain matters;
(4) That the examination or inspection be held with no one present except parties to the action and their counsel;
(5) That the transcript of any examination or matters produced or copies, after being sealed, not be opened or the contents be made public only by order of court; or
(6) That a trade secret or other confidential research development or commercial information not be disclosed or be disclosed only in a designated way.
(d) Attachment. A witness personally served with a subpoena under this Rule is liable to a body attachment and fine for failure to obey the subpoena without sufficient excuse. The writ of attachment may be executed by the sheriff or peace officer of any county and shall be returned to the court issuing it. The witness attached shall be taken immediately before the court if then in session. If the court is not in session, the witness shall be taken before a judicial officer of the District Court for a determination of appropriate conditions of release to ensure the witness’ appearance at the next session of the court that issued the attachment.

Md. Crim. Causes. 4-266

This Rule is derived as follows:

Section (a) is derived from former Rule 742 c and M.D.R. 742 b.

Section (b) is derived from former Rule 737 b and M.D.R. 737 b.

Section (c) is derived from former Rule 742 d and M.D.R. 742 c.

Section (d) is derived from former Rule 742 e and M.D.R. 742 d.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 9, 2002, eff. July 1, 2002; Oct. 31, 2002, eff. Jan. 1, 2003; Oct. 4, 2012, eff. Jan. 1, 2013; March 2, 2015, eff. July 1, 2015.

HISTORICAL NOTES

2002 Orders

The April 9, 2002, order added the cross reference following section (d).

The October 31, 2002, order, in section (b), in the first sentence deleted “either” following “delivering a copy” and added “or as permitted by Rule 2-121 (a)(3)”, formed the second and third sentences from the former second sentence by substituting “18 years of age. A subpoena issued by the District Court may be served by first class mail, postage prepaid” for “18 years of age, and in the District Court”, and in the third sentence, deleted “, by mail” from the end.

2012 Orders

The October 4, 2012 order added language to section (c) to expand the categories of persons who may file a motion for a protective order and to make stylistic changes.

2015 Orders

The March 2, 2015, order provided for a uniform subpoena form approved by the State Court Administrator; added a date of issuance and a certain statement to a subpoena form; added a Committee note following section (a); prohibited serving or attempting to serve a subpoena more than 60 days after it was issued; and made stylistic changes.