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Rule 4-631 – Compelling Testimony or Documents on the Condition of Immunity

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Requested by State. In any proceeding under this Title, before a grand jury, or pursuant to Code, Criminal Procedure Article, § 14-110 or § 15-108, if a witness lawfully refuses to answer or to provide other information on the basis of the privilege against self incrimination, the court, when authorized by law, shall compel the witness to answer or otherwise provide information if:

(1) The State’s Attorney requests in writing or on the record that the court order the witness to answer or otherwise provide information, notwithstanding the witness’ claim of privilege; and
(2) The court informs the witness of the scope of the immunity the witness will receive as provided by the appropriate statute.
(b) Order of Court. The court shall enter its order compelling testimony in writing or on the record.

Md. Crim. Causes. 4-631

This Rule is derived from former Rule 785 and M.D.R. 785.

Adopted April 6, 1984, eff. July 1, 1984. Amended Oct. 31, 2002, eff. Jan. 1, 2003; June 16, 2009, eff. June 17, 2009.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order, in the catchline of the Rule, inserted “OR DOCUMENTS”; and amended the cross reference following section (b).

2009 Orders

The June 16, 2009, corrected a statutory reference in section (a).

For examples of statutes that allow the court to issue an order compelling a witness to testify or provide other information on condition of immunity, see Code, Courts Article, § 9-123 and Code, Criminal Law Article, §§ 9-201 and 9-204