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Subpoena Service Rules Maryland
Summary
In Maryland, serving a subpoena follows standard rules applicable to all, including personal representatives of estates. Subpoenas can be served by anyone over 18 who is not a party to the case, using methods like in-person, mail, or process server. Proof of service must be filed with the court. To respond to a Motion to Quash, file an opposition detailing why the subpoena is specific, not intended to harass, and address any false claims. Include legal arguments and witness testimonies if necessary.Full Conversation
Yes. How do I word the Affidavit that states what rule i followed to serve by certified mail restricted
Sure, I can help with that. Here's a sample template for an affidavit stating that you followed the rules for serving a subpoena by certified mail, restricted delivery:
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Affidavit of Service
State of Maryland
County of [Your County]
I, [Your Full Name], being duly sworn, depose and say:
*. I am over the age of eighteen (*) years and am not a party to this case.
*. On [Date of Service], I served a subpoena on [Name of Person/Entity Served] by certified mail, restricted delivery, return receipt requested.
*. This method of service was chosen in accordance with Maryland Rule *-*(a), which allows for service by certified mail, restricted delivery, as an acceptable method of service.
*. Attached hereto is the return receipt, proving that the subpoena was received by [Name of Person/Entity Served] on [Date Receipt was Signed].
I declare under penalty of perjury that the foregoing is true and correct.
Signature: [Your Signature]
Date: [Date of Signing]
Notary Public:
Subscribed and sworn to before me this [Day] of [Month], [Year].
Signature of Notary Public: [Notary Public's Signature]
My Commission Expires: [Expiration Date]
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Please ensure to fill in the required details. If you need further assistance, feel free to ask!
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Affidavit of Service
State of Maryland
County of [Your County]
I, [Your Full Name], being duly sworn, depose and say:
*. I am over the age of eighteen (*) years and am not a party to this case.
*. On [Date of Service], I served a subpoena on [Name of Person/Entity Served] by certified mail, restricted delivery, return receipt requested.
*. This method of service was chosen in accordance with Maryland Rule *-*(a), which allows for service by certified mail, restricted delivery, as an acceptable method of service.
*. Attached hereto is the return receipt, proving that the subpoena was received by [Name of Person/Entity Served] on [Date Receipt was Signed].
I declare under penalty of perjury that the foregoing is true and correct.
Signature: [Your Signature]
Date: [Date of Signing]
Notary Public:
Subscribed and sworn to before me this [Day] of [Month], [Year].
Signature of Notary Public: [Notary Public's Signature]
My Commission Expires: [Expiration Date]
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Please ensure to fill in the required details. If you need further assistance, feel free to ask!
How do I respond to a Motion to Quash a subpoena
To respond to a Motion to Quash a subpoena in Maryland, you need to file an opposition to the motion. Here are some key points to consider including in your response:
- Case Caption: Include the case name, number, and court.
- Introduction: State your opposition to the motion.
- Facts: Summarize the relevant facts.
- Legal Arguments: Present legal reasons why the subpoena should not be quashed.
- Conclusion: Request that the court deny the motion.
Would you like a more detailed template or have specific concerns?
- Case Caption: Include the case name, number, and court.
- Introduction: State your opposition to the motion.
- Facts: Summarize the relevant facts.
- Legal Arguments: Present legal reasons why the subpoena should not be quashed.
- Conclusion: Request that the court deny the motion.
Would you like a more detailed template or have specific concerns?
They contend that the Subpoena is overly broad (it is not) and that its intent is to harrass. Actually, they have lied in their Motion to Quash stating that they were not present, when I have witnesses who saw them there. How can I work my response to these arguments?
Case Rating: *
To respond to these arguments in your opposition to the Motion to Quash, you can include the following points:
- Specificity of Subpoena: Clearly state why the subpoena is not overly broad, mentioning specific documents or information requested.
- Intent: Emphasize that the intent of the subpoena is to obtain necessary information for the case, not to harass.
- False Statements: Clearly state that you have witnesses who can testify that the person was present.
Would you like a detailed template for your response?
To respond to these arguments in your opposition to the Motion to Quash, you can include the following points:
- Specificity of Subpoena: Clearly state why the subpoena is not overly broad, mentioning specific documents or information requested.
- Intent: Emphasize that the intent of the subpoena is to obtain necessary information for the case, not to harass.
- False Statements: Clearly state that you have witnesses who can testify that the person was present.
Would you like a detailed template for your response?
Yes, I really would like that.
Case Rating: *
Here's a detailed template for your opposition to the Motion to Quash:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court's Name]
[Court's Address]
[City, State, ZIP Code]
Re: [Case Name]
Case No.: [Case Number]
Honorable Judge [Judge's Name],
Introduction:
I, [Your Name], hereby file this opposition to the Motion to Quash the subpoena filed by [Opposing Party's Name].
Facts:
*. On [Date], I issued a subpoena to [Person/Entity Subpoenaed].
*. The subpoena requested [specific documents/information] relevant to this case.
*. [Opposing Party's Name] filed a Motion to Quash the subpoena, claiming it is overly broad and intended to harass, and falsely stating they were not present at the specified event.
Legal Arguments:
*. Specificity of Subpoena:
- The subpoena clearly specifies the documents/information requested, which are directly relevant to the case.
- [Provide examples of the requested information and its relevance].
*. Intent:
- The intent of the subpoena is to obtain necessary information for the case.
- It is not intended to harass [Opposing Party's Name].
*. False Statements:
- [Opposing Party's Name] falsely claimed that they were not present at the specified event.
- I have witnesses who can testify to their presence, including [Witness Name(s)].
Conclusion:
For the reasons stated above, I respectfully request that the court deny the Motion to Quash the subpoena.
Signature: [Your Signature]
Date: [Date of Signing]
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If you need further assistance or have more questions, feel free to ask!
Here's a detailed template for your opposition to the Motion to Quash:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court's Name]
[Court's Address]
[City, State, ZIP Code]
Re: [Case Name]
Case No.: [Case Number]
Honorable Judge [Judge's Name],
Introduction:
I, [Your Name], hereby file this opposition to the Motion to Quash the subpoena filed by [Opposing Party's Name].
Facts:
*. On [Date], I issued a subpoena to [Person/Entity Subpoenaed].
*. The subpoena requested [specific documents/information] relevant to this case.
*. [Opposing Party's Name] filed a Motion to Quash the subpoena, claiming it is overly broad and intended to harass, and falsely stating they were not present at the specified event.
Legal Arguments:
*. Specificity of Subpoena:
- The subpoena clearly specifies the documents/information requested, which are directly relevant to the case.
- [Provide examples of the requested information and its relevance].
*. Intent:
- The intent of the subpoena is to obtain necessary information for the case.
- It is not intended to harass [Opposing Party's Name].
*. False Statements:
- [Opposing Party's Name] falsely claimed that they were not present at the specified event.
- I have witnesses who can testify to their presence, including [Witness Name(s)].
Conclusion:
For the reasons stated above, I respectfully request that the court deny the Motion to Quash the subpoena.
Signature: [Your Signature]
Date: [Date of Signing]
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If you need further assistance or have more questions, feel free to ask!
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