Rule 2-510.Subpoenas — Court proceedings and depositions

Circuit Court · Last amended January 1, 2025 · Last verified July 13, 2026

In one sentenceSets out when a subpoena is required or allowed, how the clerk issues one, and how to serve, object to, or enforce it in court proceedings and depositions.

Full Text of Rule 2-510

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a) Required, permissive, and non-permissive use. —

(1) A subpoena is required:

(A) to compel the person to whom it is directed to attend, give testimony, and produce designated documents, electronically stored information, or tangible things at a court proceeding, including proceedings before a magistrate, auditor, or examiner; and

(B) to compel a nonparty to attend, give testimony, and produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things at a deposition.

(2) A subpoena may be used to compel.a party over whom the court has acquired jurisdiction to attend, give testimony, and produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things at a deposition.

(3) Except as otherwise permitted by law, a subpoena may not be used for any other purpose. If the court, on motion of a party or on its own initiative, after affording the alleged violator an opportunity for a hearing, finds that a person has used or attempted to use a subpoena or a copy or reproduction of a subpoena form for a purpose other than one allowed under this Rule, the court may impose an appropriate sanction, including an award of a reasonable attorney’s fee and costs, the exclusion of evidence obtained as a result of the violation, and reimbursement of any person inconvenienced for time and expenses incurred.

(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 the request of any person entitled to the issuance of a subpoena, the clerk shall (A) issue a completed subpoena, or (B) provide to the person a blank form of subpoena, which the person shall fill in and return to the clerk to be signed and sealed by the clerk before service.

(2) On the 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.

(3) An attorney of record in a pending action who is a registered user under Rule 20-101 may obtain from the clerk through MDEC or through the AIS portal, 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.

(4) Except as provided in subsections (b)(2) and (b)(3) 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. A violation of this section shall constitute a violation of subsection (a)(3) of this Rule.

(c) 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, electronically stored information, or tangible things to be produced and if testing or sampling is to occur, a description of the proposed testing or sampling procedure, (6) when required by Rule 2-412 (d), a notice to designate the person to testify, (7) the date of issuance, and (8) a statement that the subpoena may be served within 60 days after its issuance and may not be served thereafter. A subpoena may specify the form in which electronically stored information is to be produced.

(d) 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. 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. A person may not serve or attempt to serve a subpoena more than 60 days after its issuance. A violation of this provision shall constitute a violation of subsection (a)(3) of this Rule.

(e) Objection to subpoena for court proceedings. — On motion of a person served with a subpoena to attend a court proceeding (including a proceeding before a magistrate, auditor, or examiner) 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 may enter an order that justice requires to protect the person from annoyance, embarrassment, oppression, or undue burden or cost, including one or more of the following:

(1) that the subpoena be quashed or modified;

(2) that the subpoena be complied with only at some designated time or place other than that stated in the subpoena;

(3) that documents, electronically stored information, or tangible things designated in the subpoena be produced only upon the advancement by the party serving the subpoena of the reasonable costs of producing them; or

(4) that documents, electronically stored information, or tangible things designated in the subpoena be delivered to the court at or before the proceeding or before the time when they are to be offered in evidence, subject to further order of court to permit inspection of them.

A motion filed under this section based on a claim that information is privileged or subject to protection shall be supported by a description of the nature of each item that is sufficient to enable the demanding party to evaluate the claim.

(f) Objection to subpoena for deposition. — A person served with a subpoena to attend a deposition may seek a protective order pursuant to Rule 2-403. If the subpoena also commands the production of documents, electronically stored information, or tangible things at the deposition, the person served or a person named or depicted in an item specified in the subpoena may seek a protective order pursuant to Rule 2-403 or may file, within ten days after service of the subpoena, an objection to production of any or all of the designated materials. The objection shall be in writing and shall state the reasons for the objection. If an objection is filed, the party serving the subpoena is not entitled to production of the materials except pursuant to an order of the court from which the subpoena was issued. At any time before or within 15 days after completion of the deposition and upon notice to the deponent, the party serving the subpoena may move for an order to compel the production.

A claim that information is privileged or subject to protection shall be supported by a description of each item that is sufficient to enable the demanding party to evaluate the claim.

(g) Duties relating to the production of documents, electronically stored evidence, and other property. —

(1) Generally. — A person responding to a subpoena to produce documents, electronically stored information, or other property at a court proceeding or deposition shall:

(A) produce the documents or information as they are kept in the usual course of business or shall organize and label the documents or information to correspond with the categories in the subpoena; and

(B) produce electronically stored information in the form specified in the subpoena or, if a form is not specified, in the form in which the person ordinarily maintains it or in a form that is reasonably usable.

(2) Electronically Stored Information. — A person responding to a subpoena to produce electronically stored information at a court proceeding or deposition need not produce the same electronically stored information in more than one form and may decline to produce the information on the ground that the sources are not reasonably accessible because of undue burden or cost. A person who declines to produce information on this ground shall identify the sources alleged to be not reasonably accessible and state the reasons why production from each identified source would cause undue burden or cost. The statement of reasons shall provide enough detail to enable the demanding party to evaluate the burdens and costs of complying with the subpoena and the likelihood of finding responsive information in the identified sources. Any motion relating to electronically stored information withheld on the ground that it is not reasonably accessible shall be decided in the manner set forth in Rule 2-402 (b).

(h) Protection of persons subject to subpoenas. — A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or cost on a person subject to the subpoena.

(i) Records produced by custodians. —

(1) Generally. — A custodian of records served with a subpoena to produce records at trial may comply by delivering the records to the clerk of the court that issued the subpoena at or before the time specified for production. The custodian may produce exact copies of the records designated unless the subpoena specifies that the original records be produced. The records shall be delivered in a sealed envelope labeled with the caption of the action, the date specified for production, and the name and address of the person at whose request the subpoena was issued. The records shall be accompanied by a certificate of the custodian that they are the complete records requested for the period designated in the subpoena and that the records are maintained in the regular course of business. The certification shall be prima facie evidence of the authenticity of the records.

(2) During Trial. — Upon commencement of the trial, the clerk shall release the records only to the courtroom clerk assigned to the trial. The courtroom clerk shall return the records to the clerk promptly upon completion of trial or at an earlier time if there is no longer a need for them. Upon final disposition of the action the clerk shall return the original records to the custodian but need not return copies.

(3) Presence of Custodian. — When the actual presence of the custodian of records is required, the subpoena shall state with specificity the reason for the presence of the custodian.

(j) Attachment. — A witness served with a subpoena under this Rule is liable to 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.

(k) Information produced that is subject to a claim of privilege or protection. —

(1) A party who receives a document, electronically stored information, or other property that the party knows or reasonably should know was inadvertently sent shall promptly notify the sender.

(2) Within a reasonable time after information is produced in response to a subpoena that is subject to a claim of privilege or protection, the person who produced the information shall notify each party who received the information of the claim and the basis for it. A party who wishes to determine the validity of a claim of privilege or protection that is not controlled by a court order or a disclosure agreement entered into pursuant to Rule 2-402 (e)(5), shall promptly file a motion under seal requesting that the court determine the validity of the claim. A party in possession of information that is the subject of the motion shall appropriately preserve the information pending a ruling.A receiving party may not use or disclose the information until the claim is resolved and shall take reasonable steps to retrieve any information the receiving party disclosed before being notified.

End

Amendment History

Amended Feb. 10, 1998, effective July 1, 1998; Apr. 9, 2002, effective July 1, 2002; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008; Oct. 4, 2012, effective Jan. 1, 2013; March 3, 2015, effective July 1, 2015; September 17, 2015, effective January 1, 2016; December 13, 2016, effective April 1, 2017; April 9, 2018, effective July 1, 2018; October 15, 2024, effective January 1, 2025.

Committee Note & Source

Committee note. This Rule does not apply to subpoenas issued under Code, Courts Article, Title 9, Subtitle 4 (Maryland Uniform Interstate Depositions and Discovery Act) requiring attendance at a deposition in this State. For subpoenas issued under that Act in conjunction with a deposition, see Rule 2-510.1. For discovery of documents, electronically stored information, and property from a party to an action pending in this State, other than in conjunction with a deposition, see Rule 2-422. For inspection of property of a nonparty in an action pending in this State and for discovery under the Maryland Uniform Interstate Depositions and Discovery Act that is not in conjunction with a deposition, see Rule 2-422.1.

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.

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, §§ 4-302 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.

Cross references. For the availability of sanctions for violations of this section, see Rules 1-201 (a) and 1-341.

Cross references. Code, Health - General Article, § 4-306 (b)(6); Code, Financial Institutions Article, § 1-304.

Cross references. Code, Courts Article, § 10-104 includes an alternative method of authenticating medical records in certain cases transferred from the District Court upon a demand for a jury trial.

Source. This Rule is derived as follows:

Section (a) is new but the first and second sentences are derived in part from the 2006 version of Fed. R. Civ. P. 45

Plain-English Summary

Rule 2-510 governs the workhorse tool for pulling in witnesses, documents, and electronically stored information: the subpoena. A subpoena is required to make a nonparty show up and testify, or hand over records, at a court proceeding or a deposition. It is only permissive, not required, when a party wants to compel a fellow party (over whom the court already has jurisdiction) to appear at a deposition. Using a subpoena for anything else invites sanctions, including attorney's fees, exclusion of evidence, and reimbursement for anyone inconvenienced by the misuse. The clerk issues subpoenas on a uniform, state-approved form, either filling it in on request or handing over a signed, sealed blank form for an attorney to complete. A subpoena has a shelf life: it must be served within 60 days of issuance, and whenever practical, at least five days before the trial or hearing it commands attendance at.

The rule also builds in ways to push back. Someone served with a trial or hearing subpoena can move to quash or modify it, shift the timing or location of compliance, or require the requesting party to front the cost of producing records. Someone served with a deposition subpoena that demands documents can seek a protective order or file a written objection within ten days, which halts production until a judge orders otherwise. Separate provisions cover how document custodians can comply by mailing sealed records to the clerk instead of appearing in person, what happens to a witness who ignores a subpoena outright (body attachment), and how a party must handle privileged material it receives by mistake — notify the sender, stop using it, and let the court sort out the claim.

Frequently Asked Questions

Who can get a subpoena issued in a Maryland circuit court case?

Any person entitled to one under the rule can ask the clerk to issue it, and a member of the Maryland Bar handling the case can request a signed, sealed blank form to fill in directly. Only the clerk, or an attorney using a form the clerk issued, may complete a subpoena for service — anyone else who copies and fills in a blank form violates the rule.

How long does a subpoena stay valid once it's issued?

It must be served within 60 days of the date the clerk issues it. Serving it, or attempting to serve it, after that window closes violates the rule, though the proceeding the subpoena calls for can still take place more than 60 days out — the deadline runs on service, not on the date of the hearing or deposition.

What can I do if I don't want to comply with a subpoena?

It depends on what the subpoena demands. For a court proceeding, file a motion asking the court to quash or modify it, or to change when, where, or on what terms compliance happens. For a deposition subpoena that also demands documents, either seek a protective order or file a written objection within ten days of service — once you object, the requesting party needs a court order to get the material.

Does a records custodian have to show up in person to comply with a trial subpoena?

No. A custodian can deliver the records to the clerk in a sealed, labeled envelope along with a certification that they are complete and kept in the regular course of business, and that certification serves as prima facie proof the records are authentic. The custodian only needs to appear in person if the subpoena specifically states why their presence is required.

What if I'm handed privileged documents by mistake in response to a subpoena?

Notify the sender promptly once you know or should know the material was sent inadvertently, and stop using or disclosing it until any dispute over the privilege claim is resolved. If you already shared the material with someone else, you have to take reasonable steps to get it back. Either side can ask the court, by a motion filed under seal, to rule on whether the privilege claim holds up.

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

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