292                                             LAWS OF MARYLAND                                 [Ch. 2

A JUDGE MAY ISSUE SUMMONS AND SUBPOENAS DUCES
TECUM FOR THE ATTENDANCE OF A PARTY, WITNESSES, OR FOR
THE PRODUCTION OF EVIDENCE IN A CASE BEFORE THE COURT.
NO JUDGE MAY ISSUE A BLANK SUMMONS.

(B) FAILURE OF WITNESS TO APPEAR.

IF A WITNESS IS SUMMONED TO ATTEND A COURT AND
WITHOUT SUFFICIENT EXCUSE NEGLECTS TO APPEAR, HE MAY
BE ATTACHED AND FINED AN AMOUNT NOT EXCEEDING $300.
HE IS LIABLE TO ANSWER THE PARTY FOR WHOM HE WAS
SUMMONED IN AN ACTION UPON THE CASE FOR THE DAMAGE
SUSTAINED FOR FAILURE TO APPEAR TO TESTIFY ACCORDING
TO THE SUMMONS.

REVISOR'S NOTE: This section presently appears as
Art. 35 , §14 ana Art. 26, §148(a).
Subsection (a) contains the authority for a
judge to issue a summons. Subsection (b)
contains the penalty provision for the
failure of a witness to appear when summoned.
It is increased, and is now in accord with
the penalty provision applicable in the
District Court. The District Court penalty
was enacted in 1970 and is a much later
expression of legislative intent than Art.
35, §14 which was last amended in 1782.

SEC. 9-202. COMPENSATION OF WITNESSES.

(A)   GENERAL.

EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C), A
WITNESS ATTENDING COURT IS ALLOWED $1 FOR EACH DAY IN
ATTENDANCE PLUS ITINERANT CHARGES ALLOWABLE TO
WITNESSES FROM OTHER PRINCIPAL COUNTY SUBDIVISIONS.
EACH WITNESS SHALL OBTAIN FROM THE CLERK OF COURT A
CERTIFICATE OR ORDER SHOWING THE AMOUNT DUE AND BY
WHOM PAYABLE. THE CERTIFICATE OR ORDER MUST BE
OBTAINED WITHIN 30 DAYS OF THE LAST DAY OF ATTENDANCE,
AND FAILURE TO DO SO CONSTITUTES A WAIVER OF ANY CLAIM
FOR COMPENSATION.

(B)   EXCEPTIONS.

(1)    IN DORCHESTER, SOMERSET, TALBOT, AND
WORCESTER COUNTIES A WITNESS IS ALLOWED 75 CENTS PER
DAY.

(2)    IN BALTIMORE CITY A WITNESS IS ALLOWED
50 CENTS PER DAY.