Today I received a subpoena by fax from opposing counsel. A subpoena is a court document requiring a witness to appear and testify. This one requires my client to appear at a Scheduling Hearing two days from now.
The problem is that my client had been excused from attending this hearing because he is out of town and no testimony is taken at Scheduling Hearings anyway.
So I checked MD Rule 2-510 which governs subpoenas. I found two things wrong with this subpoena. Firstly, it has to be served on me either by hand delivery or first class mail, not by fax.
Secondly, the rule states, “Unless impracticable, a party shall make a good faith effort to cause a trail or hearing subpoena to be served at least five days before the trial or hearing.”
Unless something changes, I’m planning on being at the hearing with a copy of Rule 2-510, but not my client.