The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Maryland:

The party seeking the subpoena must comply with the following state statutes:

Click here for Maryland Uniform Interstate Depositions and Discovery Act: Section 9-402

Serving the subpoena:

Click here for Maryland Rule 2-510

Maryland Statewide Uniform Subpoena Form:

Click here for Maryland Subpoena Forms

Click here for Maryland Courts Main Forms Website

Required Steps:

To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of the circuit court for the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this subtitle does not constitute an appearance in the courts of this State.

When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

A subpoena under this section shall:

  1. Incorporate the terms used in the foreign subpoena; and
  2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

A subpoena issued by a clerk of court under § 9-402 shall be served in compliance with Maryland Rule 2-510.  

Witness fees:

No witness fees required in Maryland.

Notice time:

As per MD Code section 2-510, “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.”

Notice to adverse parties:

Not required.