Know Which Subpoena is in Use

Maryland has two main types of subpoenas. The first is for testimony, often called a Subpoena Ad Testificandum. This is used when a person is needed to sit in a witness chair and answer questions. The second is for documents, known as a Subpoena Duces Tecum. This is used when a hospital needs to hand over medical records or a bank needs to produce statements.

The biggest mistake we see with document subpoenas is the timeline. We cannot hand a business a subpoena on a Tuesday and expect them to have five years of tax returns ready by Thursday. Maryland judges expect “reasonable” notice. If the recipient is not given enough time to actually find and organize the records, their lawyer will file a motion to quash, and the judge will likely side with them.

Who Can Perform the Service?

Under Maryland Rules 2-510 and 3-510, the person delivering the subpoena must be at least 18 years old and cannot be a party to the lawsuit. This means you are legally barred from serving subpoenas in your own case.

While the law allows any adult to do the job, using a friend or a family member is a massive gamble. Subpoenas are often met with hostility. Unlike a standard summons, a subpoena usually requires the server to hand over a witness fee check right there on the spot. If a friend drops the papers on a porch or forgets to hand over the check, the witness has a legal excuse and can skip the trial without any consequences.

The Strict Requirement for Personal Service

For many legal papers in Maryland, the documents can be left with a spouse or a roommate. Subpoenas are different. In the vast majority of cases, a subpoena must be delivered personally. The server must look the witness in the eye and hand them the paper.

If a process server leaves a subpoena with a receptionist or sticks it in a mailbox, that service is technically dead on arrival. If that witness fails to show up, we cannot ask the judge for a “Body Attachment” (an arrest warrant for the witness) because we cannot prove the witness actually had the papers in their hand. Personal service is the only way to ensure the court can provide backup if the witness tries to dodge the trial.

Witness Fees and Mileage in 2026

In Maryland, people must be paid for their time. When we serve a subpoena for a trial or a deposition, we are required to provide a witness fee and mileage reimbursement at the time of service. As of May 2026, the standard IRS and Maryland Judiciary mileage rate is $0.725 per mile.

If the server hands over the subpoena but does not have the check ready, the witness can legally ignore the summons. At LawServePro, we make sure those checks are cut and attached to the paperwork before we even head out. We document the payment in the affidavit so there is no room for the witness to lie about it later in court.

The Five-Day Window

Maryland rules generally require a subpoena to be served at least five days before the court date. This is the bare minimum for “reasonable notice.”

However, aiming for the bare minimum is a bad strategy. If we wait until six days before a trial to start looking for a witness, and it turns out they went on vacation or moved to a different county, the case is in trouble. We always suggest getting subpoenas to us at least three weeks out. This gives us time to track the person down, deal with any gatekeepers, and get the proof of service filed with the court well before the deadline.

Serving Businesses and Resident Agents

When records are needed from a corporation, the local branch is not the target. We must serve the Resident Agent. In Maryland, every business is required to have an agent on file with the State Department of Assessments and Taxation (SDAT).

Serving the wrong person at a company is the fastest way to get a subpoena ignored. Large corporations have legal departments that will move to quash a subpoena the second they see a procedural error. We check the SDAT records for every corporate serve to make sure we are hitting the right target.

The Proof of Service

The most important part of the process happens after the witness is served. The server must fill out an Affidavit of Service. This is not just a simple note. It needs to list the date, the exact time, the physical location, and a description of the person served. It also needs to confirm that the witness fee was paid.

If this affidavit is missing a signature or a timestamp, it is useless. Our professional servers use GPS-tagged photos to prove they were at the witness’s house at the time they claimed. This makes it almost impossible for a witness to tell a judge they were never served.

Why LawServePro is the Right Choice

Subpoenas are the backbone of evidence. If the service fails, the evidence fails. Maryland judges are busy and they do not have much patience for procedural mistakes. They expect the rules to be followed or for a professional to be hired who knows them.

LawServePro stays on top of every change in the Maryland Rules of Procedure. We know exactly what the clerks in Baltimore, Montgomery County, and the Eastern Shore are looking for. We do not just drop the papers and leave. We ensure every serve is legally binding and backed by an airtight affidavit.

Do not risk a trial on a bad serve.

If subpoenas need to be delivered correctly and on time, call LawServePro today at (888) 507-0913 or visit our website. We will handle the legwork and the witness fees so the focus can remain on the day in court.