Rule 3-514.When court may require production of evidence
District Court · Last amended July 1, 1986 · Last verified July 13, 2026
Full Text of Rule 3-514
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986.
Committee Note & Source
Source. This Rule is derived from former Rule 521.
Plain-English Summary
This rule fills a gap the parties leave open. If it becomes clear during a hearing or trial that a witness's attendance, a witness's testimony, or a document or object no party has produced is necessary in the interest of justice, the court doesn't have to wait for a motion. It can order a party to produce the document or thing for the court's own inspection, or it can issue a subpoena to bring in the person, document, or thing directly.
Because this kind of order can come up mid-proceeding, the rule gives the court room to manage the practical fallout: it may continue the hearing or trial to allow time for compliance, and it can attach conditions on timing, notice, cost, and security as it sees fit.
Frequently Asked Questions
Can a judge order evidence produced even if neither party asked for it?
Yes. If the court decides at a hearing or trial that a person's attendance or testimony, or a document or thing no party produced, is necessary for justice, it can order production or issue a subpoena on its own initiative.
What if complying with the court's order takes time?
The court may continue the hearing or trial to allow time for compliance, and it can set conditions on timing, notice, cost, and security as part of that order.
Does a court-ordered subpoena under this rule follow the same rules as an ordinary subpoena?
The rule doesn't spell out separate mechanics for a court-issued subpoena, so the general subpoena procedures in Rule 3-510 — form, service, and enforcement — apply to it as well.