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The MD Subpoena form serves as a crucial document in legal proceedings within Maryland's District Courts. It compels individuals to attend court hearings or depositions, ensuring that necessary testimonies or documents are made available for a case. The form outlines essential details, including the date of issue, the deadline for service, and important instructions for both the recipient and the requesting party. Recipients must be aware that the service deadline is strictly set at 60 days from the issuance date, highlighting the urgency of compliance. The subpoena specifies whether the individual is called to testify, provide documents, or both. It also contains a certification that ensures compliance with laws regarding the production of financial or medical records, protecting sensitive information. Notably, failure to comply can lead to serious consequences, including fines or body attachment. The form is designed to be straightforward, providing clarity on what is required and the repercussions of non-compliance, emphasizing the importance of following the outlined procedures diligently.

Md Subpoena Example

DISTRICT COURT OF MARYLAND FOR

City/County

Located at

Case No.

STATE OF MARYLAND or

Plaintiff

TO:

Name

Address

City, County, State, Zip

Court Address

vs.

Defendant

SUBPOENA

Issue Date:

Service Deadline: 60 days after the Issue Date.

You are hereby compelled to appear at a

at

DateTime

court proceeding a.m. p.m.:

deposition at the following location on

Address of court or other location

To testify in the above case, and/or

To produce the following documents, items, and information, not privileged:

To produce, permit inspection and copying of the following documents or other tangible items:

requested issuance of this subpoena. Questions should be referred to:

 

Name

Name

Address

Phone

City, State, Zip

Special Message:

Special Message:

Special Message:

Special Message:

Special Message:

If this subpoena compels the production of financial information, or information derived from financial records, the requestor of this subpoena hereby certifies having taken all necessary steps to comply with the requirements of Md. Code Ann., Fin. Inst. §1-304 and any other applicable law.

If this subpoena compels the production of medical records, the requestor of this subpoena hereby certifies having taken all necessary steps to comply with the requirements of Md. Code Ann., Health-Gen. §4-306 and any other applicable law.

Clerk

NOTICE:

1.YOU ARE LIABLE TO BODY ATTACHMENT AND/OR FINE FOR FAILURE TO OBEY THIS SUBPOENA.

2.This subpoena is effective for the date and time stated and any subsequent dates as directed by the Court.

3.Serving or attempting to serve a subpoena more than 60 days after the date of issuance is prohibited.

RETURN OF SERVICE

 

I certify that I delivered the original of this Subpoena to the following person(s):

 

on the following date:

by the following method (specified

as required by Rule 3-126):

.

 

Signature

 

Printed Name

DC-004 (Rev. 07/01/2015)

 

Form Characteristics

Fact Name Description
Governing Authority The Md Subpoena form is governed by the Maryland Rules of Civil Procedure.
Form Purpose This form compels a person to appear in court or produce documents relevant to a case.
Issuance Date The form includes a specific "Issue Date" to indicate when the subpoena is created.
Service Deadline The subpoena must be served within 60 days from the "Issue Date".
Compliance Notices It contains critical warnings about liability for failing to obey the subpoena.
Document Production The subpoena can request the production of documents, items, and information that are not privileged.
Financial Records It includes certifications for compliance with Md. Code Ann., Fin. Inst. §1-304 regarding financial records.
Medical Records Certifications are also required for compliance with Md. Code Ann., Health-Gen. §4-306 for medical records.
Return of Service A section is dedicated to documenting the delivery of the subpoena, including date and method.
Effective Duration The subpoena remains effective for the stated date and time as well as for any subsequent dates ordered by the Court.

Guidelines on Utilizing Md Subpoena

Once you have completed the Md Subpoena form, you will need to ensure you have the correct information to submit it for service. Following the steps below will help you accurately fill out the form, ensuring all necessary details are included.

  1. Begin with the "DISTRICT COURT OF MARYLAND" section. Fill in the specific City or County where your case is located.
  2. Enter the Case Number in the designated field.
  3. In the "Plaintiff" section, write the name of the person or entity filing the case.
  4. Next, address the recipient of the subpoena by writing their Name and Address, including City, County, State, and Zip Code.
  5. In the “vs.” section, add the Defendant's name.
  6. Fill in the Issue Date of the subpoena.
  7. Set the Service Deadline, which is 60 days after the Issue Date.
  8. Indicate the details of the court proceeding: specify a Date and Time, selecting a.m. or p.m. accordingly.
  9. Write the location of the court or alternate venue in the space provided.
  10. Clearly state whether the individual is required to appear to testify or to produce documents, items, or information.
  11. Detail the specific documents or items requested in the subsection provided.
  12. Provide your Contact Information: Name, Address, Phone, City, State, and Zip code.
  13. If necessary, include any Special Messages relevant to the subpoena.
  14. Should the subpoena require financial or medical records, ensure that you check the compliance certification box for applicable Maryland laws.
  15. Read the Notice section regarding penalties for failing to comply with the subpoena and any important deadlines.
  16. In the RETURN OF SERVICE section, document the person to whom you delivered the original subpoena, the delivery date, and the method of delivering it.
  17. Finally, sign the form and print your name where indicated.

What You Should Know About This Form

What is a Maryland Subpoena form?

A Maryland Subpoena form is a legal document issued by the District Court of Maryland. It compels a person to appear in court or produce specific documents or evidence related to a case. The subpoena outlines the details of the court proceeding, including the date, time, and location.

What information must I provide in the subpoena?

You will need to include information such as the names of the plaintiff and defendant, the case number, the address of the court or other location, and the specific documents or materials you are asking to be produced. Clear instructions will help ensure compliance.

How long do I have to comply with the subpoena?

You must comply with the subpoena by the service deadline, which is typically 60 days after its issue date. Make sure to mark the date and plan accordingly. If you cannot comply within this time frame, it’s essential to seek assistance from the court.

What happens if I fail to comply with the subpoena?

Failure to obey the subpoena can lead to serious consequences. Individuals may face body attachment or fines. It's crucial to take the subpoena seriously and respond appropriately.

Can I be subpoenaed to provide documents instead of appearing in court?

Yes, a subpoena can require you to produce specific documents, items, or information relevant to a case. You will be instructed on what documents or items to bring or submit, which should be clearly outlined in the subpoena form.

What if the subpoena requests my financial or medical records?

If the subpoena requests financial records or medical records, the issuer must certify that they have complied with relevant laws. For financial records, they must adhere to Maryland law concerning financial institutions. Similarly, for medical records, Maryland health codes apply. Pay close attention to these stipulations.

Who should I contact if I have questions about the subpoena?

The subpoena will typically include contact information for the individual or office handling the case. It's important to reach out to them with any questions or concerns. They will be able to clarify any points of confusion regarding the subpoena.

Can a subpoena be served after 60 days from the issue date?

No, serving or attempting to serve a subpoena after 60 days from the issue date is not permitted. Ensure that you adhere to this timeframe to avoid legal issues. If you require additional time or have questions about proceeding, consult legal counsel for guidance.

Common mistakes

Filling out the Maryland Subpoena form can be challenging, and mistakes can lead to delays or complications in legal proceedings. One common mistake is failing to complete all required fields. Each section of the form must be filled out accurately. Leaving a section blank could result in the subpoena being ineffective.

Another frequent error involves the case number. It is essential to include the correct Case No. as listed in the court's records. An incorrect case number may lead to confusion and misdelivery of the subpoena.

Many individuals overlook the service deadline. The subpoena must be served within 60 days of issuance. Ignoring this time limit can lead to the subpoena being voided, creating potential legal ramifications for the party requesting the subpoena.

Providing inadequate details about the appearance requirements is another pitfall. The form asks for specific information about the location and time of the court proceeding or deposition. Vague or incomplete information can complicate logistics and confuse the recipient.

Incorrectly describing the documents or materials required can also create problems. The request needs to clearly outline what items must be produced or inspected. If the description is unclear, the recipient may not comply fully.

Many people also neglect to certify compliance with relevant laws, particularly when requesting financial or medical records. All necessary steps must be certified as completed, explaining how you complied with Maryland’s legal requirements. Failing to do this can result in legal challenges later.

Finally, overlooking the notice regarding compliance consequences can lead to unexpected issues. The form specifies potential liabilities for non-compliance, including body attachment or fines. Understanding these implications ensures that all parties are aware of their obligations and can avoid penalties.

Documents used along the form

The Maryland Subpoena form is an essential document in legal proceedings, compelling individuals to appear in court or to produce specific evidence. However, several other forms and documents often accompany it, playing vital roles in ensuring the legal process runs smoothly. Below is a list of these related documents.

  • Affidavit of Service: This document is completed by the person who serves the subpoena. It confirms delivery and includes relevant details such as the date, time, and manner of service.
  • Notice of Filing: A notice that informs all parties involved that a document, typically the subpoena or a related discovery request, has been officially filed with the court.
  • Request for Production of Documents: This form is used to formally request documents, electronically stored information, or tangible items relevant to the case from another party.
  • Motion to Quash: If a recipient feels that a subpoena is unreasonable or irrelevant, they can file this motion to seek the court's protection from the request.
  • Certificate of Compliance: This document assures the court that all requirements, including those related to confidentiality and privacy laws, have been met when producing certain sensitive documents.
  • Response to Subpoena: A written document prepared by the recipient, detailing their compliance with the subpoena's requirements, or stating objections and reasons for non-compliance.
  • Deposition Notice: This notice informs parties about the time and place for a deposition, where a witness provides sworn testimony prior to the actual trial.
  • Verification of Identity: Sometimes required to confirm the identity of individuals involved with sensitive information, especially when dealing with medical or financial records.

Understanding these documents provides clarity on the legal process surrounding subpoenas in Maryland. Each of these forms serves a specific purpose, helping to protect parties' rights and ensuring that evidence is gathered appropriately.

Similar forms

The Maryland Subpoena form is an important legal document used to compel a person to testify or produce documents in a specific case. There are several other documents that serve similar purposes in legal proceedings. Here’s a list of ten documents that share similarities with the Md Subpoena form:

  • Court Summons: Like a subpoena, a court summons requires an individual to appear in court, but it is specifically used to notify a defendant of a legal action against them, giving them an opportunity to respond.
  • Deposition Notice: A deposition notice informs a person that they must appear for a deposition, similar to a subpoena. The notice can specify the time and location but may not include demands for document production.
  • Request for Production of Documents: This formal request asks the other party to provide specific documents relevant to a case. While it does not compel attendance like a subpoena, it is still a legal tool for gathering evidence.
  • Interrogatories: These are written questions that one party sends to another during litigation. The recipient must provide written answers under oath, much like how a subpoena requires a response.
  • Notice to Produce Evidence: Similar to a subpoena, this document requests that a party bring certain documents or evidence to court. However, it may not carry the same level of compulsion as a formal subpoena.
  • Writ of Garnishment: This legal document instructs a third party to withhold money or property until a court decision is made, ensuring compliance similar to how a subpoena secures an individual's attendance or documents.
  • Order for Examination: Entered by the court, this document requires a person to appear before the court to answer questions, analogous to a subpoena but typically used in specific situations like bankruptcy proceedings.
  • Notice of Hearing: This informs parties of a scheduled hearing, requiring their presence. While it does not mandate testimony or document production, it is related as it facilitates participation in the legal process.
  • Service of Process: This encompasses the delivery of legal documents to inform individuals of legal actions taken against them. The urgency is similar to a subpoena, which mandates a timely response.
  • Affidavit of Service: This document certifies that a legal document, such as a subpoena, was served to the intended recipient. It supports the enforceability of the subpoena by providing proof of delivery.

Each of these documents serves a purpose in the legal system, working to ensure individuals fulfill their obligations to provide information or appear in legal proceedings.

Dos and Don'ts

When filling out the Maryland Subpoena form, there are several important steps to follow. Below is a list of things you should and shouldn't do:

  • DO provide accurate information for every section of the form.
  • DO clearly state the date and time of the court proceeding or deposition.
  • DO include the correct case number to ensure proper documentation.
  • DO ensure that the subpoena is served within the 60-day limit from the issue date.
  • DO certify compliance with any applicable laws about financial or medical records.
  • DON'T use vague language; be specific about what is required.
  • DON'T forget to sign and print your name in the designated area.
  • DON'T ignore any special messages that may provide crucial instructions.
  • DON'T attempt to serve the subpoena after the allowed 60 days.
  • DON'T overlook the potential consequences for failing to comply with the subpoena.

Following these guidelines will help ensure that the process goes smoothly and that you fulfill all necessary legal requirements.

Misconceptions

Understanding the Md Subpoena form is crucial for anyone involved in a legal proceeding in Maryland. However, several misconceptions can lead to confusion. Here are seven common myths, along with clarifications to help demystify the process.

  1. Subpoenas are optional. Many people believe that receiving a subpoena is merely a suggestion. In reality, it is a legal order that you must comply with. Ignoring a subpoena can lead to legal penalties.
  2. You can ignore a subpoena if you don't have the documents. This is not true. Even if you do not have the requested documents, you are still required to appear in court or at the deposition and explain your situation.
  3. Subpoenas can only be issued for court appearances. While subpoenas are often associated with court appearances, they can also require individuals to produce documents or other tangible items in addition to testifying.
  4. You always need a lawyer to respond to a subpoena. Although having legal representation can be beneficial, it is not mandatory to respond to a subpoena. Individuals can respond on their own, although legal advice is recommended in complex situations.
  5. Subpoenas last forever. This misconception stems from not understanding the service deadline. A subpoena is only effective for the specified date and may need to be reissued after the first 60 days.
  6. Ignoring the notice won't lead to consequences. Some may think they can avoid repercussions by simply ignoring the notice. However, failure to comply may result in being held in contempt of court, which can lead to fines or even arrest.
  7. All subpoenas are the same. Not all subpoenas are created equal. They can differ significantly in terms of what is required, who is involved, and the jurisdiction. Always review the specific terms outlined in the subpoena you receive.

Clearing up these misconceptions can make the process of handling a Md Subpoena more manageable. Recognizing your responsibilities and the implications of the subpoena will help ensure compliance and protect your legal rights.

Key takeaways

Filling out and using the Maryland Subpoena form is an important process that requires attention to detail. Here are seven key takeaways to ensure proper use:

  • Correct Information: Fill in the case number, names of the parties involved, and the address accurately. Any mistakes can delay the process.
  • Service Deadline: Be mindful of the 60-day deadline for service after the issue date. This is crucial for compliance.
  • Compelling Appearance: The subpoena requires the recipient to appear for a court proceeding or deposition. Provide clear details on the date, time, and location.
  • Document Production: If applicable, specify the documents, items, or information that must be produced. Be clear and thorough in your requests.
  • Legal Compliance: If financial or medical records are requested, ensure compliance with the relevant laws (e.g., Md. Code Ann., Fin. Inst. §1-304 or Health-Gen. §4-306).
  • Consequences for Non-compliance: The notice section indicates serious consequences for not obeying the subpoena, including the possibility of fines or body attachment.
  • Return of Service: Document how the subpoena was served to the individual, including the date and method. This forms a record of compliance.

By following these guidelines, individuals can navigate the process of using the Maryland Subpoena form effectively.