How to Subpoena a Witness in Maryland Small Claims Court
A key witness says they will come to your hearing but will not commit. Or a business holds records you need and will not hand them over voluntarily. In Maryland small claims court, a subpoena is how you compel attendance or production of documents — and you do not need a lawyer to request one.
What a Subpoena Does
A subpoena is a court order that commands a person to appear at a specific time and place or to produce specified documents. In Maryland District Court, subpoenas in civil cases are governed by Rule 3-510.
There are two types:
- Subpoena for attendance — requires the person to show up at your hearing and testify.
- Subpoena duces tecum — requires the person to bring specific documents or records.
You can combine both in one subpoena if you need someone to appear and bring records.
How to Get a Subpoena Issued
Go to the District Court clerk's office at the courthouse handling your case. Ask the clerk to issue a subpoena in your case number. The clerk can provide a blank form for you to complete and return for the clerk's signature and seal, or issue a completed subpoena on request.
The District Court cost schedule lists no subpoena filing fee, though service fees may apply depending on the method used. If you cannot afford a required fee, ask whether it can be waived using Form CC-DC-089.
Serving the Subpoena
A subpoena must be served by delivering a copy to the witness or an authorized agent, or as permitted by Rule 3-121(a)(3). Unless impracticable, make a good-faith effort to serve a trial subpoena at least 5 days before the hearing under Rule 3-510(d). Service can be done by:
- Certified mail — request restricted delivery under Rule 3-121(a)(3).
- Personal service — delivered in person by any competent adult (18 or older) who is not a party to the case. You cannot serve it yourself.
When you serve the subpoena, you must also include the statutory witness fee and mileage allowance. The witness fee in Maryland is modest (set by statute), but it must accompany the subpoena or the witness can refuse to comply.
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Timing Matters
Work backward from your hearing date. If the hearing is November 15, aim to serve by November 10. Build in extra time for confirmed service; mail delivery can take several business days.
If you realize you need a subpoena close to the hearing, in-person service by a private process server is faster and more reliable than mail.
When a Subpoena Is Worth It
Not every witness needs a subpoena. A friend or family member who is willing to attend can just show up. Subpoenas are useful when:
- A witness has agreed informally but you want a guarantee they will appear.
- A business (bank, repair shop, insurance company) holds records relevant to your defense.
- The other side's witness has information that helps your case and may not appear voluntarily.
Under Rule 3-701(f), Title 5 hearsay rules do not apply in small claims. The judge decides whether to consider a written estimate and how much weight to give it; live testimony lets the judge ask the author about the work and findings.
What If the Witness Ignores the Subpoena
A properly served subpoena is a court order. If a witness fails to appear after valid service, tell the judge and ask what step the court will take; the judge decides how to address the failure.
If your witness does not show, ask the judge for a postponement so the subpoena can be re-served.
The Maryland Small Claims Response Guide includes an evidence organizer that helps you decide which witnesses and records to subpoena and tracks service deadlines for each one.
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