Md. R. Elec. Prac. in Judi. Proce. 21-105

As amended through October 15, 2024
Rule 21-105 - SUBPOENAS
(a) Generally

In addition to complying with the content requirements of Rule 2-510, a subpoena issued to require the presence of an individual at a proceeding to be conducted by remote electronic participation shall describe the method by which that presence will be implemented and state that details will be supplied by a court official prior to the court proceeding. The party requesting the subpoena shall provide to the court official in writing an e-mail address for the individual subject to the subpoena if the individual subject to the subpoena is to appear by remote electronic participation. Unless impracticable, the court official shall send log-in information to individuals appearing by remote electronic participation at least five days before the date of the proceeding. The subpoena shall direct the individual subject to the subpoena to contact the party who requested the subpoena within three days after service if the individual is unable to effect the individual's presence by the manner stated in the subpoena.

(b) If Remote Electronic Participation by Witness is Impracticable

If remote electronic participation is impracticable for a witness, the subpoena may direct the witness to appear at the courthouse to participate with appropriate assistance from court personnel. The party requesting the subpoena shall (1) file a return of service and (2) notify the clerk in writing at least three days before the proceeding if a witness was served with a subpoena pursuant to section (b) of this Rule.

Md. R. Elec. Prac. in Judi. Proce. 21-105

This Rule is derived from former Rule 2-807(d) (2023).

Adopted April 21, 2023, eff. 7/1/2023; amended March 1, 2024, eff. 7/1/2024.

Committee note: The party requesting the subpoena should make reasonable efforts to secure an e-mail address for the witness to comply with section (a) of this Rule. However, in the instance where remote electronic participation cannot be secured, section (b) requires the witness to physically appear at the courthouse for assistance in complying with the subpoena.