In this subtitle the following words have the meanings indicated. “Foreign jurisdiction” means a state other than this State. “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction. “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. “Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to: Attend and give testimony at a deposition; Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or Permit inspection of premises under the control of the person.

In this subsection, “legally protected health care” has the meaning stated in § 2–312 of the State Personnel and Pensions Article. To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of the circuit court for the county in which discovery is sought to be conducted in this State. The request under subparagraph (i) of this paragraph shall include a sworn, written statement signed under penalty of perjury by the party seeking enforcement, or the party’s counsel, that no portion of the subpoena is intended or anticipated to further any investigation or proceeding related to legally protected health care, unless the out–of–state proceeding is: Based in tort, contract, or statute; A claim for which a similar or equivalent claim would exist in the State; and Brought by the patient who received legally protected health care, or the patient’s legal representative; or Based on conduct that would be prohibited under the laws of this State. A request for the issuance of a subpoena under this subtitle does not constitute an appearance in the courts of this State. When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. A subpoena under subsection (b) of this section shall: Incorporate the terms used in the foreign subpoena; and Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

A subpoena issued by a clerk of court under § 9–402 of this subtitle shall be served in compliance with Maryland Rule 2–510.

Title 2, Chapter 400 of the Maryland Rules and Maryland Rule 2–510 apply to subpoenas issued under § 9–402 of this subtitle.

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 9–402 of this subtitle shall comply with the rules and statutes of this State and be submitted to the circuit court for the county in which discovery is to be conducted.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This subtitle may be cited as the Maryland Uniform Interstate Depositions and Discovery Act.