Rule 2-422.1.Inspection of property — Of nonparty or by foreign party — Without deposition

Circuit Court · Last amended July 1, 2018 · Last verified July 13, 2026

In one sentenceSets up a subpoena procedure to inspect land or property held by a nonparty, or reached by a foreign subpoena, without a deposition attached.

Full Text of Rule 2-422.1

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Applicability; use of subpoena. — This Rule applies to the issuance of a subpoena to obtain entry upon and inspection of designated land or property owned by or in the possession or control of (1) a nonparty to an action pending in this State or (2) a person to whom a foreign subpoena is directed pursuant to Code, Courts Article, Title 9, Subtitle 4. A subpoena issued under this Rule may be used only for that purpose. This Rule does not apply to the issuance of a subpoena in conjunction with a deposition.

(b) Definitions. —

(1) Statutory Definitions. — The definitions stated in Code, Courts Article, § 9-401 apply in this Rule to the extent relevant.

(2) Additional Definitions. — In this Rule, the following additional definitions apply:

(A) Domestic Subpoena. — “Domestic subpoena” means a subpoena issued by a circuit court of this State in an action pending in this State.

(B) Inspection. — “Inspection” includes inspecting, measuring, surveying, photographing, testing, and sampling within the scope of Rule 2-402 (a).

(C) Nonparty. — “Nonparty” means any person, other than a party, who is in possession or control of land or other property and, if different, the record owner of the land or other property.

(D) Foreign Party. — “Foreign party” means the party on whose behalf a foreign subpoena is issued.

(E) Foreign Attorney. — “Foreign attorney” means an attorney licensed to practice law in a foreign jurisdiction, but not in the State of Maryland.

(1) Domestic Subpoena. — Upon the request of a person entitled to the issuance of a subpoena under this Rule for discovery in an action pending in this State, the clerk shall issue a completed subpoena, or provide a blank form of subpoena which shall be filled in and returned to the clerk to be signed and sealed before service. On the request of an attorney or other officer of the court entitled to the issuance of a subpoena under this Rule, the clerk shall issue a subpoena signed and sealed but otherwise in blank, which shall be filled in before service.

(2) Foreign Subpoena. —

(A) Request for Issuance. — A party to an action pending in a foreign jurisdiction may request issuance of a subpoena by a court of this State based on a foreign subpoena issued in that action by submitting a request to the clerk of the circuit court for the county in which discovery is sought to be conducted. The request shall be accompanied by the foreign subpoena and a written undertaking in a form approved by the State Court Administrator, signed by the foreign party and the party’s foreign attorney, if any, by which the party and the party’s foreign attorney submit to the jurisdiction of the circuit court for the purpose of adjudicating discovery disputes, motions to quash, enforcement of the subpoena, and discovery sanctions. A foreign party and the party’s foreign attorney, if any, who files a request or undertaking pursuant to this section does not, by so doing, submit to the jurisdiction of a court of this State for any other purpose.

(B) Issuance. — The clerk promptly shall issue a subpoena for service upon the person to whom the foreign subpoena is directed. The subpoena shall:

(i) incorporate the terms used in the foreign subpoena;

(ii) comply with the requirements of section (d) of this Rule; and

(iii) contain or be accompanied by the names, addresses, and telephone numbers of all attorneys of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(d) Form. —

(1) Except as otherwise provided by the court for good cause, every subpoena shall be on a uniform form approved by the State Court Administrator and shall:

(A) contain the caption of the action, including the civil action number for the Maryland court issuing the subpoena;

(B) contain the name and address of the person to whom it is directed;

(D) describe with reasonable particularity the land or property to be entered and any actions to be performed;

(E) state the nature of the controversy and the relevancy of the entrance and proposed acts;

(F) specify a reasonable time and manner of entering and performing the proposed acts;

(G) contain or be accompanied by a description of the good faith attempts made by the party to reach agreement and with the person to whom the subpoena is directed concerning the entry and proposed acts;

(H) contain the date of issuance; and

(I) contain a statement that the subpoena may be served within 60 days after its issuance and may not be served thereafter.

(2) A subpoena issued pursuant to this Rule shall be accompanied by the following, in a form approved by the State Court Administrator:

(A) a written undertaking that the requesting party will pay for all damages arising out of the entry and performance of the proposed acts; and

(B) a notice informing the person to whom the subpoena is directed that:

(i) the person has the right to object to the entry and proposed acts by filing an objection with the court and serving a copy of it on the requesting party;

(ii) any objection must be filed and served within 30 days after the person is served with the subpoena; and

(iii) the objection must include or be accompanied by a certificate of service, stating the date on which the person mailed a copy of the objection to the requesting party.

(e) 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). Service of a subpoena upon a party represented by an attorney may be made by service upon the attorney under Rule 1-321 (a). A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. If a subpoena is to permit entry upon leased land or property, the subpoena shall be served on any record owner of the land or property and any occupant or person in possession or control of the land or property. Before the subpoena is served, the party on whose behalf the subpoena is issued shall serve a copy of it on each other party in the manner provided by Rule 1-321 and file with the court a certificate of service attesting to the fact of service on the other parties. A person may not serve or attempt to serve a subpoena more than 60 days after its issuance. A subpoena shall be served at least 45 days before the date of a requested entry.

(f) Objection to subpoena to permit entry upon designated land or property; procedure to compel entry. —

(1) Objection. — A person served with a subpoena to permit entry upon designated land or property, or any other person who claims an interest in the land or property, may object to the entry by filing an objection within 30 days after service of the subpoena and serving the objection on the requesting party. After an objection is filed, entry upon the designated land or property is not permitted unless the court grants a motion to compel entry filed in accordance with subsection (f)(2) of this Rule.

(2) Procedure to Compel Entry. —

(A) Motion to Compel. — If the requested discovery is refused or within 15 days after an objection is served, the requesting party may file a motion to compel entry. The requesting party shall (i) attach to the motion a copy of the subpoena and any objection, (ii) serve a copy of the motion in the manner provided by Rule 1-321 on all other parties and the person who filed the objection, and (iii) if the requesting party is seeking entry upon leased land or property, serve a copy of the motion on any record owner of the land or property and any occupant or person in possession or control of the land or property. A hearing may be requested by including the heading “Request for Hearing” in the motion.

(B) Response. — A response may be filed within 15 days after service. A hearing may be requested by including the heading “Request for Hearing” in the response.

(C) Hearing. — If a hearing is not timely requested, the court may rule on the motion without a hearing. If a nonparty requests a hearing, the court shall hold a hearing. If a party requests a hearing, the court may determine whether a hearing will be held.

(D) Order. — An order granting the motion shall specify the time, place, and manner of entry upon the land or property and the acts that may be performed. The order also may include any other provision that the court deems appropriate, including provisions relating to the privacy of the person who filed the objection, protection of the interests of the parties and any nonparty, and the filing of a bond to secure the obligation of the moving party to pay for damages arising out of the entry and acts performed.

End

Amendment History

Added December 13, 2016, effective April 1, 2017; amended April 9, 2018, effective July 1, 2018.

Committee Note & Source

Committee note. Under subsection (a)(2), a person to whom a foreign subpoena is directed could be a party or a nonparty to the foreign action. A party to an action pending in this State who seeks entry upon land of another party must proceed in accordance with Rule 2-422.

Cross references. For a subpoena issued in conjunction with a deposition, see Rules 2-510 and 2-510.1.

Committee note. This section does not affect the jurisdiction of a court over a party or attorney who is otherwise subject to the court’s jurisdiction.

Cross references. See Rules 1-321 and 1-323.

Cross references. See Code, Courts Article, § 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. As to additional requirements for certain subpoenas, see Code, Health - General Article, § 4-306 (b)(6) and Code, Financial Institutions Article, § 1-304.

Source. This Rule is new.

Plain-English Summary

Rule 2-422 handles document and property requests between parties, but it has no reach over a nonparty's land. Rule 2-422.1 fills that gap with a subpoena procedure, and it also handles the Maryland end of out-of-state discovery under the interstate depositions and discovery statute when no deposition is involved. The subpoena can go to a nonparty who controls property in a Maryland action, or to a person named in a foreign subpoena issued in a case pending in another jurisdiction. A clerk issues a domestic subpoena on request, or issues one based on a foreign subpoena once the requesting party files the foreign subpoena along with a signed undertaking submitting to the Maryland court's jurisdiction over discovery disputes tied to that subpoena.

Every subpoena has to follow a uniform statewide form: it identifies the case, the person served, the party requesting it, describes the property and the proposed acts with reasonable particularity, explains the relevance, proposes a reasonable time and manner of entry, and describes the good-faith efforts already made to work out the details. It must come with a written undertaking to pay for any damage the entry causes and a notice explaining the recipient's right to object. A subpoena has to be served within 60 days of issuance and at least 45 days before the requested entry date. The person served, or anyone else claiming an interest in the property, can object within 30 days of service; once an objection is filed, entry is off the table unless the requesting party moves to compel and the court grants it. That motion has to attach the subpoena and any objection and go out to every party and to the objector; a response is due within 15 days; either side can ask for a hearing, though the court must hold one if a nonparty requests it. A court order granting entry spells out the time, place, manner, and permitted acts, and it can add conditions protecting privacy or requiring a bond.

Frequently Asked Questions

When do I use Rule 2-422.1 instead of Rule 2-422?

Rule 2-422 only reaches parties to the Maryland action. Use Rule 2-422.1's subpoena procedure when the land or property belongs to a nonparty, or when you're pursuing Maryland-based discovery under the interstate depositions and discovery statute and no deposition is attached to the request.

How much notice does a property owner get before an inspection?

The subpoena must be served at least 45 days before the requested entry date, and it can't be served more than 60 days after the clerk issues it. The recipient then has 30 days after service to file an objection.

What happens if the person served objects to the entry?

Entry onto the property is not permitted once an objection is filed. The requesting party has to file a motion to compel entry, serve it on all parties and the objector (and, for leased property, on the record owner and any occupant), and get a court order before entry can proceed.

Does the requesting party have to pay for any damage caused by the inspection?

Yes. Every subpoena under this rule must be accompanied by a written undertaking committing the requesting party to pay for damages arising out of the entry and the acts performed, in a form the State Court Administrator approves.

Can this rule be used to serve a deposition subpoena?

No. Rule 2-422.1 expressly does not apply to a subpoena issued in conjunction with a deposition; that situation is governed by Rules 2-510 and 2-510.1 instead.

Source & verification. Rule text, Committee Note, Source note, and amendment history are reproduced verbatim from the Maryland Rules, adopted by the Supreme Court of Maryland. Last verified July 13, 2026. · Official source

Also known as: nonparty property inspection marylandforeign subpoena marylandinterstate discovery subpoenasubpoena to inspect landentry upon land nonparty