When it appears to the court at a hearing or trial that the attendance or testimony of any person or the production of any document or tangible thing not produced by any party is necessary for the purpose of justice, the court (a) may order any party to produce the document or tangible thing for inspection by the court or jury, or (b) may issue a subpoena for the production of the person, document, or tangible thing; and in either event the court may continue the hearing or trial to allow compliance with the order or subpoena, upon such conditions as to time, notice, cost, and security as the court deems proper.
Rule 2-514.When court may require production of evidence
Circuit Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceLets a Maryland trial court order the production of a witness, document, or tangible thing that justice requires, even when no party has offered it, and continue the proceeding to allow compliance.
Full Text of Rule 2-514
Committee Note & Source
Source. This Rule is derived from former Rule 521.
Plain-English Summary
Rule 2-514 gives a trial court a backstop when something the case needs — a witness, a document, or a tangible thing — hasn't been produced by any party. If it becomes apparent at a hearing or trial that producing that person or item is necessary for the purpose of justice, the court can order a party to hand it over for inspection by the court or the jury, or issue its own subpoena to bring in the person, document, or thing directly.
Because this kind of need often surfaces mid-proceeding, the rule lets the court continue the hearing or trial to give time for compliance, setting whatever conditions on timing, notice, cost, and security it thinks are proper. That flexibility keeps a case from grinding to a halt or reaching an unjust result because a party didn't think to offer evidence the court considers necessary.
Frequently Asked Questions
Can a judge order evidence produced that no party asked for?
Yes. If the court determines at a hearing or trial that a document, tangible thing, or a person's attendance and testimony is necessary for the purpose of justice, it can order production or issue its own subpoena, regardless of whether a party requested it.
What if the evidence the court wants isn't available right away?
The court can continue the hearing or trial to allow time for compliance, and it can attach conditions covering timing, notice, cost, and security as it sees fit.
How does this differ from a party issuing its own subpoena under Rule 2-510?
Rule 2-510 subpoenas are requested and issued at a party's initiative before or during discovery and trial. Rule 2-514 instead gives the court itself the power, at a hearing or trial already underway, to order production or issue a subpoena when it sees a gap that justice requires filling.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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