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§ 2-1803. Compliance with subpoenas, generally

West's Annotated Code of MarylandState GovernmentEffective: December 14, 2022

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 2. General Assembly (Refs & Annos)
Subtitle 18. Miscellaneous Provisions (Refs & Annos)
Effective: December 14, 2022
MD Code, State Government, § 2-1803
§ 2-1803. Compliance with subpoenas, generally
Currentness
In general
(a) This section applies to a petition for an order directing compliance with a subpoena or compelling testimony under § 2-408, § 2-507, § 2-807, or § 2-1104 of this title.
Venue
(b) The petition shall be filed in the Circuit Court for Anne Arundel County or, at the election of the petitioner, in any county in which venue would be appropriate under § 6-201 of the Courts Article.
Contents of petition
(c)(1) Except as otherwise provided in this subsection, the petition shall set forth the questions or requests that were asked or made of the party whose conduct necessitated the petition and, if any, the answers or objections provided or raised by that party.
(2) The petitioner may satisfy the provisions of paragraph (1) of this subsection by attaching the relevant portions of a transcript to the petition.
(3) The petitioner need not comply with the provisions of paragraph (1) of this subsection if there has been no response to the subpoena.
Time for response
(d) Any response to the petition shall be filed by the party served with the petition within 15 days after being served with the petition, unless that time period is shortened by order of the court.
Objections to subpoena
(e)(1) A response to a petition filed by the party whose conduct necessitated the petition is the only pleading that an objecting party may file to object to a subpoena.
(2) The party whose conduct necessitated the petition may not file a motion to quash or a petition for an injunction with respect to the subpoena.
Priority of proceedings
(f)(1) Except for cases that the court considers to require a higher priority, a proceeding under this section, including any subsequent appellate judicial review, shall:
(i) take precedence on the court's docket;
(ii) be heard at the earliest practicable date; and
(iii) be expedited in every way.
(2) In any hearing on the petition in a proceeding under this section, the court may not allow any additional evidence.
Appeals
(g) Notwithstanding any other provision of law, a party to a proceeding under this section may appeal the decision of the circuit court only by a petition to the Supreme Court of Maryland for the issuance of a writ of certiorari.

Credits

Added by Acts 2007, c. 546, § 1, eff. Oct. 1, 2007. Amended by Acts 2023, c. 49, § 6.
MD Code, State Government, § 2-1803, MD STATE GOVT § 2-1803
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document