Service of subpoena for public records

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    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Custodian” has the meaning stated in § 4–101(d) of the General Provisions Article.

        (3)    “Public record” has the meaning stated in § 4–101(j) of the General Provisions Article.

    (b)    If the custodian of public records is not known and cannot be ascertained after a reasonable effort by a party in a legal proceeding, the party may request a court to issue a subpoena for the custodian of public records to be served on:

        (1)    A resident agent designated under § 1–1301 of the Local Government Article for service on a local entity;

        (2)    A resident agent designated under § 6–109 of the State Government Article for service on a State agency that is not represented by the Attorney General; or

        (3)    The Attorney General or an individual designated by the Attorney General as provided under the Maryland Rules for service on a State agency that is represented by the Attorney General.

    (c)    Service of a subpoena under this section is equivalent to personal service on a custodian of public records.

    (d)    The Court of Appeals may adopt rules to implement the provisions of this section.


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