Rule 19-104 - Subpoena Power(a) Subpoena.(1)Issuance. In any proceeding before the Board or a Character Committee pursuant to Rule 19-204 or Rule 19-216, the Board or Committee, on its own initiative or the motion of an applicant, may cause a subpoena to be issued by a clerk pursuant to Rule 2-510. The subpoena shall issue from the Circuit Court for Anne Arundel County if incident to Board proceedings or from the circuit court in the county in which the Character Committee proceeding is pending. The proceedings shall be docketed in the issuing court and shall be sealed and shielded from public inspection.(2)Name of Applicant. The subpoena shall not divulge the name of the applicant, except to the extent this requirement is impracticable.(3)Return. The sheriff's return shall be made as directed in the subpoena.(4)Dockets and Files. The Character Committee or the Board, as applicable, shall maintain dockets and files of all papers filed in the proceedings.(5)Action to Quash or Enforce. Any action to quash or enforce a subpoena shall be filed under seal and docketed as a miscellaneous action in the court that issued the subpoena. Cross reference: See Rule 16-911(a) (5).
(b) Sanctions. If a person subpoenaed to appear and give testimony or to produce books, documents, or other tangible things fails to do so, the party who requested the subpoena, by motion that does not divulge the name of the applicant, except to the extent that this requirement is impracticable, may request the court to issue an attachment pursuant to Rule 2-510(j), or to cite the person for contempt pursuant to Title 15, Chapter 200 of the Maryland Rules, or both. Any such motion shall be filed under seal.(c) Court Costs. All court costs in proceedings under this Rule shall be assessable to and paid by the State. This Rule is derived from former Rule 22 of the Rules Governing Admission to the Bar of Maryland (2016).
Adopted June 6, 2016, eff. 7/1/2016. Amended June 20, 2017, eff. 8/1/2017; 12/4/2018, eff. 3/1/2019; amended June 29, 2020, eff. 8/1/2020.HISTORICAL NOTES
2017 Orders
The June 20, 2017 order, deleted a cross reference.
2018 Orders
The December 4, 2018 order conformed references to the implementation of the Uniform Bar Examination and added a cross reference following section (a).