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MARYLAND RULES OF CIVIL PROCEDURE
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CIVIL PROCEDURE FOR CIRCUIT AND DISTRICT COURT
On the page you will the Maryland Code and Court Rules for both the Circuit Court and District in the matter of Service of Process…
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MARYLAND RULES OF CIVIL PROCEDURE
CIRCUIT COURT - TITLE 2
TITLE 2 CIVIL PROCEDURE - CIRCUIT COURT (Rule 2-101) )
RULE 2-101. COMMENCEMENT OF ACTION
(b) After Certain Dismissals by a United States District Court or a Court of Another State. Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State.
Cross reference: Code, Courts Article, § 5-115.
(c) After Dismissal by the District Court of Maryland for Lack of Subject Matter Jurisdiction. If an action is filed in the District Court of Maryland within the period of limitations prescribed by Maryland law and the District Court dismisses the action for lack of subject matter jurisdiction, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in the circuit court.
Source: This Rule is derived as follows:
Section (a) is derived from the 1937 version of Fed. R. Civ. P. 3 and former Rules 140 a and 170 a.
Section (b) is new.
Section (c) is new.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended May 14, 1992, eff. July 1, 1992; Nov. 12, 2003, eff. Jan. 1, 2004.]
MD Rules, Rule 2-101, MD R RCP CIR CT Rule 2-101
Current with amendments received through October 1, 2023. Some sections may be more current, see credits for details.
Rule 2-111. Process Requirement Pleminary to Summons
RULE 2-111. PROCESS–REQUIREMENTS PRELIMINARY TO SUMMONS
(1) Generally. Except as otherwise provided by this Rule, the plaintiff shall file with the complaint an information report substantially in the form available from the clerk pursuant to Rule 16-302 (b). If an action is governed by the Rules in Title 7 or commenced in the circuit court by filing a petition, an information report is not required to be filed unless ordered by the court.
(c) Instructions for the Sheriff. A person requesting service of process by the sheriff shall furnish to the clerk all available information as to the name and location, including the county where service is to be made, of the person to be served. The information required by this section may be included in the caption of the case.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule 103 g.
Section (c) is derived from former Rule 103 b.
Rule 2–112. Process - Issuance of Summons
RULE 2-112. PROCESS–ISSUANCE OF SUMMONS
(a) Summons. Upon the filing of the complaint, the clerk shall issue forthwith a summons for each defendant and shall deliver it, together with a copy of each paper filed and a blank copy of the information report form required to be provided by Rule 16-302 (b), to the sheriff or other person designated by the plaintiff. Upon request of the plaintiff, more than one summons shall issue for a defendant.
(b) Delivery to Another County. When process is to be served by the sheriff of another county, the clerk may send the process to that sheriff for service. If a party requests personal delivery of the process at that party’s expense to the sheriff of another county, the clerk shall furnish the process to a person designated by the party and approved by the clerk to make delivery.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 103 c and e and the 1980 version of Fed. R. Civ. P. 4 (a).
Section (b) is derived from former Rule 103 j.
Rule 2–113. Process - Duration, Dormancy, and Renewal of Summons
RULE 2-113. PROCESS–DURATION, DORMANCY, AND RENEWAL OF SUMMONS
A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.
Source: This Rule is new and replaces former Rule 112.
Committee note: See Neel v. Webb Fly Screen Mfg. Co., 187 Md. 34, 48 A.2d 331 (1946).
Rule 2–114. Process - Content
RULE 2-114. PROCESS–CONTENT
(b) Summons. A summons shall contain (1) the name of the court and the assigned docket reference, (2) the name and address of the party requesting the summons, (3) the name and address of the person to be served as set forth in the complaint, (4) the date of issue, (5) the time within which it must be served, (6) the time within which the defendant must file a response to the complaint by pleading or motion, (7) notification to the defendant that failure to file the response within the time allowed may result in a judgment by default or the granting of the relief sought, and (8) the time within which the return of service shall be made.
Source: This Rule is derived from former Rule 103 f.
Rule 2–115. Attachment Before Judgment
RULE 2-115. ATTACHMENT BEFORE JUDGMENT
(a) Request for Writ. At the time of filing a complaint commencing an action or while the action is pending, a plaintiff entitled by statute to attachment before judgment may file a request for an order directing the issuance of a writ of attachment for levy or garnishment of property or credits of the defendant. The request may be made ex parte. The plaintiff shall file with the request an affidavit verifying the facts set forth in the complaint and stating the grounds for entitlement to the writ. The request and affidavit need not be served pursuant to Rule 1-321 at the time of filing.
Cross reference: Code, Courts Art. §§ 3-302, 3-303, 3-304, 3-305.
Committee note: This section abolishes a former practice of having two separate cases, the “short note case” and the “attachment case.”
(c) Proceedings on Request for Writ. The court shall review the complaint, any exhibits, and the supporting affidavit. The court may require the plaintiff to supplement or explain any of the matters set forth in the documents or to provide further information regarding the property to be attached. If the court determines that the plaintiff is entitled to the writ of attachment, it shall order issuance of the writ conditioned on the filing of a bond by the plaintiff for the satisfaction of all costs and damages that may be awarded the defendant or a claimant of the property by reason of the attachment. The order shall prescribe the amount and security of the bond.
(d) Issuance of Writ. Upon entry of the order and the filing of the bond, the clerk shall issue one or more writs of attachment and shall attach to each writ a copy of the supporting affidavit filed with the request. When the writ directs a levy on the property of the defendant, the procedure shall be in accordance with Rules 2-641 and 2-642. When the writ directs a garnishment of property or credits of the defendant, the procedure shall be in accordance with Rule 2-645, except that no judgment shall be entered against the garnishee until a judgment is entered for the plaintiff on the claim. In applying Rules 2-641, 2-642, and 2-645, the plaintiff shall be treated as a judgment creditor and the defendant shall be treated as a judgment debtor, and a statement of the amount of the plaintiff’s claim shall be treated as a statement of the amount owed under the judgment.
(e) Proceedings on Complaint. If the request for the writ of attachment accompanies the complaint, the clerk shall issue a summons pursuant to Rule 2-112 upon the filing of the complaint. If the whereabouts of the defendant are unknown or the summons is not served despite reasonable efforts to effect service and if the defendant does not voluntarily appear, the plaintiff may seek an order of publication pursuant to Rule 2-122 for in rem jurisdiction. The court may provide for additional notice to the defendant by any means it deems appropriate.
(f) Dissolution of Attachment for Lack of Service. An attachment made before service of original process dissolves 60 days after making the levy or serving the garnishee unless before that time the summons is served upon the defendant or first publication is made pursuant to Rule 2-122, provided that publication is subsequently completed. Upon request made within the initial 60 day period, the court for good cause may extend the attachment for not more than 60 additional days to permit service to be made or publication commenced pursuant to this section.
(g) Release of Property or Dissolution of Attachment. A defendant who has appeared may obtain release of the attached property by posting a bond in an amount equal to the value of the property, as determined by the court, or in the amount of the plaintiff’s claim, whichever is less, conditioned upon satisfaction of any judgment that may be recovered.
Upon motion of a defendant who has appeared, the court may release some or all of the attached property if it finds that (1) the complaint has been dismissed or settled, (2) the plaintiff has failed to comply with the provisions of this Rule or an order of court regarding these proceedings, (3) the plaintiff fails to demonstrate the probability of success on the merits, (4) property of sufficient value to satisfy the claim and probable costs will remain subject to the attachment after the release, or (5) the attachment of the specific property will cause undue hardship to the defendant and the defendant has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the claim and probable costs.
Upon motion of a defendant or garnishee, the court may release some or all of the attached property on the ground that by law the property is automatically exempt from attachment without the necessity of election or it may dissolve the attachment on the ground that the plaintiff is not entitled to attachment before judgment. If the motion is filed before the defendant’s answer is due pursuant to Rule 2-321, its filing shall be treated as an appearance for that purpose only.
A party desiring a hearing on a motion filed pursuant to this section shall so request in the motion or response and, if requested, a hearing shall be held promptly.
(i) Retention of Levied or Garnished Property. All property and funds coming into the possession of the sheriff by virtue of an attachment shall be retained during the pendency of the action unless otherwise directed by the court. At the request of either party, the court may direct the sale or other disposition of any perishable property upon such terms and conditions as it deems just.
(k) Judgment for Plaintiff. If personal jurisdiction was not obtained over the defendant, any judgment for the plaintiff shall be an in rem judgment against the attached property, and entry and satisfaction of the judgment will not bar further pursuit of the plaintiff’s claim in the same or another action for any unpaid balance. When judgment is entered for the plaintiff, any funds paid to or collected by the sheriff and the proceeds of any pre-judgment sales of attached property shall be applied toward satisfaction of the judgment and the court shall order the sale of any other attached property to the extent necessary to satisfy the judgment. If personal jurisdiction was obtained over the defendant, the plaintiff may enforce the judgment as provided in Chapter 600 to the extent it remains unsatisfied after application of the proceeds from the attachment.
Source: This Rule is derived as follows:
Section (a) is in part new and in part derived from former Rule G40 a and b.
Section (b) is derived from former Rule G43.
Section (c) is derived from former Rule G44.
Section (d) is in part derived from former Rule G45 and in part new.
Section (e) is new.
Section (f) is new.
Section (g) is derived from former Rule G51.
Section (h) is new.
Section (i) is in part new and in part derived from former Rule G60.
Section (j) is new.
Section (k) is derived from former Rule G59.
Rule 2–121. Process - Service - in Personam
RULE 2-121. PROCESS–SERVICE–IN PERSONAM
(a) Generally. Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual’s dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: “Restricted Delivery–show to whom, date, address of delivery.” Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice.
(b) Evasion of Service. When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant’s last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant.
(c) By Order of Court. When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice.
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 104 b 1 and 2, 105 a, and 107 a 1, 2 and 4 and from the 1993 version of Fed. R. Civ. P. 4 (e)(2).
Section (b) is derived from former Rules 104 h 1 and 107 a 3.
Section (c) is new.
Section (d) is derived from former Rules 104 i and 107 c.
Rule 2–122. Process - Service - in Rem or Quasi in Rem
RULE 2-122. PROCESS–SERVICE–IN REM OR QUASI IN REM
(a) Service by Posting or Publication. In an in rem or quasi in rem action when the plaintiff has shown by affidavit that the whereabouts of the defendant are unknown and that reasonable efforts have been made in good faith to locate the defendant, the court may order service by the mailing of a notice to the defendant’s last known address and:
Additionally, the court may order any other means of notice that it deems appropriate in the circumstances.
(c) Content of Notice. The notice shall be signed by the clerk and shall include the caption of the case; describe the substance of the complaint and the relief sought; inform the defendant of the latest date by which the response is to be filed; warn the defendant that failure to file the response within the time allowed may result in a judgment by default or the granting of the relief sought; and contain any other information required by the court.
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 105 b and 111 a.
Section (b) is derived from former Rule 105 b 2.
Section (c) is new and replaces former Rule 105 b 1 (a).
Rule 2–123. Process - by Whom Served
RULE 2-123. PROCESS–BY WHOM SERVED
(c) Elisor. When the sheriff is a party to or interested in an action so as to be disqualified from serving or executing process, the court, on application of any interested party, may appoint an elisor to serve or execute the process. The appointment shall be in writing, signed by a judge, and filed with the clerk issuing the process. The elisor has the same power as the sheriff to serve or execute the process for which the elisor was appointed and is entitled to the same fees.
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 104 b 1 and h 2 and 116 a.
Section (b) is derived from former Rule 116 a.
Section (c) is derived from former Rule 117 a and b.
Rule 2–124. Process - Persons to be Served
RULE 2-124. PROCESS–PERSONS TO BE SERVED
Committee note: Examples of statutes permitting or requiring service on a person include the Maryland Tort Claims Act,1 Code, State Government Article, § 12-108 (a) (service of a complaint is sufficient only when made upon the Treasurer of the State); Code, Insurance Article, § 4-107 (service on certain insurance companies is effected by serving the Insurance Commissioner); Code, Business Regulation Article, § 4-402 (service on a non-resident “athlete agent” is effected by serving the Secretary of Labor, Licensing, and Regulation); Code, Business Regulation Article, § 6-202 (service on certain nonresident charitable organizations is effected by serving the Secretary of State); and Code, Courts Article, § 3-405 (notice to the Attorney General is required immediately after a declaratory judgment action is filed alleging that a statute, municipal or county ordinance, or franchise is unconstitutional).
(d) Corporation. Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process.
(f) Limited Partnership. Service is made upon a limited partnership by serving its resident agent. If the limited partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any general partner or other person expressly or impliedly authorized to receive service of process.
(g) Limited Liability Partnership. Service is made upon a limited liability partnership by serving its resident agent. If the limited liability partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any other person expressly or impliedly authorized to receive service of process.
(h) Limited Liability Company. Service is made upon a limited liability company by serving its resident agent. If the limited liability company has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any member or other person expressly or impliedly authorized to receive service of process.
(i) Unincorporated Association. Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, § 6-406 by serving any officer or member of its governing board. If there are no officers or if the association has no governing board, service may be made upon any member of the association.
(j) State of Maryland. Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Supreme Court. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served.
(k) Officer or Agency of the State of Maryland. Service is made on an officer or agency of the State of Maryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Supreme Court. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the Attorney General, the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency.
Committee note: This section does not purport to create a tort duty by directing the Attorney General to forward process and papers. See Erie Ins. Co. v. Chops, 322 Md. 79 (1991). Nor does this section obviate the need for personal service in accordance with section (b) of this Rule on an officer sued in the officer’s individual capacity.
Cross reference: See Code, State Government Article, § 6-109, which requires that a State agency not represented by the Attorney General file with the State Department of Assessments and Taxation a designation of its resident agent.
(l) Local Entity. Service is made on a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of the State by serving the resident agent designated by the local entity. If the local entity has no resident agent or if a good faith effort to serve the resident agent has failed, service may be made by serving the chief executive or presiding officer or, if none, by serving any member of the governing body.
Cross reference: See Code, Local Government Article, § 1-1301 concerning a local entity’s designation of a resident agent by filing with the State Department of Assessments and Taxation.
(m) United States. Service is made upon the United States by serving the United States Attorney for the District of Maryland or an individual designated by the United States Attorney in a writing filed with the clerk of the court and by serving the Attorney General of the United States at Washington, District of Columbia. In any action attacking the validity of an order of an officer or agency of the United States not made a party, the officer or agency shall also be served.
(o) Substituted Service Upon State Department of Assessments and Taxation. Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed.
Committee note: If a person served pursuant to this Rule is a plaintiff as well as a person upon whom service on a defendant entity is authorized by the Rule, the validity of service on the plaintiff to give notice to the defendant entity is subject to appropriate due process constraints.
Source: This Rule is derived as follows:
Section (a) is new and replaces former Rules 105 c and 106 f.
Section (b) is derived from former Rule 104 b 1 (i) and (ii).
Section (c) is derived from former Rule 119.
Section (d) is derived from former Rule 106 b.
Section (e) is new.
Section (f) is new.
Section (g) is new.
Section (h) is new.
Section (i) is new.
Section (j) is new.
Section (k) is new.
Section (l) is new.
Section (m) is derived from former Rule 108 a.
Section (n) derived from former Rule 108 b.
Section (o) is new, but is derived in part from former section (c) and former Rule 106 e 1 and 2.
Rule 2–125. Process - Service on Sundays and Holidays
RULE 2-125. PROCESS–SERVICE ON SUNDAYS AND HOLIDAYS
Process may be served on a Sunday or holiday, except that a writ of distraint or for eviction or possession shall not be served on Sunday.
Source: This Rule is derived from former Rule 104 c and Code, Courts Article, § 6-302.
Rule 2–126. Process - Return
RULE 2-126. PROCESS–RETURN
(1) If service is by delivery, the proof shall set forth the name of the person served, the date, and the particular place and manner of service. If service is made under Rule 2-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.
(b) Service by Publication or Posting. Promptly and in any event within the time during which the person notified must respond, an individual making service of process pursuant to Rule 2-122 shall file with the court (1) the name, address, and telephone number of the individual making service, (2) proof of compliance with the Rule, and (3) a copy of the publication or posted notice. The certificate of the publisher constitutes proof of publication.
Committee note: Rule 1-202 defines “process” as “any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ.”
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 104 b 2, 107 a 2 and 116 c 1 and 2.
Section (b) is derived from former Rule 105 b 1 (a) and b 2.
Section (c) is new.
Section (d) is new.
Section (e) is new.
Section (f) is derived from former Rules 104 a (2) and 622 h 2.
Rule 2–131. Appearance
RULE 2-131. APPEARANCE
(1) Notice of Appearance. An attorney, acting pursuant to an agreement with a client for limited representation that complies with Rule 19-301.2 (c) of the Maryland Attorneys’ Rules of Professional Conduct, may enter an appearance limited to participation in a discrete matter or judicial proceeding. The notice of appearance (A) shall be accompanied by an Acknowledgment of Scope of Limited Representation substantially in the form specified in subsection (b)(2) of this Rule and signed by the client, and (B) shall specify the scope of the limited appearance, which (i) shall not exceed the scope set forth in the Acknowledgment but (ii) unless otherwise ordered by the court, shall include the performance of any procedural task required by law to achieve the objective of the appearance.
Committee note: Although the scope of a limited representation is largely a matter of contract between the attorney and the client, if there are procedural requirements necessary to the achievement of the objective agreed upon, a limited appearance, unless otherwise ordered by the court for good cause, must include satisfaction of those requirements, and the Acknowledgment must include that commitment. As examples, (1) if the appearance is limited to filing and pursuing a motion for summary judgment and achievement of that objective requires the filing of affidavits, the attorney is responsible for assuring that the affidavits are prepared, that they are in proper form, and that they are properly filed; (2) if the appearance is limited to obtaining child support for the client, the attorney is responsible for assuring that any financial statements, child support guideline worksheets, and other documents necessary to obtaining the requested order are prepared, are in proper form, and are properly filed.
[CAPTION]
ACKNOWLEDGMENT OF SCOPE OF LIMITED REPRESENTATION
Client:
Attorney:
I have entered into a written agreement with the above-named attorney. I understand that the attorney will represent me for the following limited purposes (check all that apply):
Arguing the following motion or motions: .
Attending a pretrial conference. Attending a settlement conference. Attending the following court-ordered mediation or other court-ordered alternative dispute resolution proceeding for purposes of advising the client during the proceeding: .
Acting as my attorney for the following hearing, deposition, or trial: .
With leave of court, acting as my attorney with regard to the following specific issue or a specific portion of a trial or hearing:.
I understand that except for the legal services specified above, I am fully responsible for handling my case, including complying with court Rules and deadlines. I understand further that during the course of the limited representation, the court may discontinue sending court notices to me and may send all court notices only to my limited representation attorney. If the court discontinues sending notice to me, I understand that although my limited representation attorney is responsible for forwarding to me court notices pertaining to matters outside the scope of the limited representation, I remain responsible for keeping informed about my case.
Client
Signature
Date
Cross reference: See Maryland Attorneys’ Rules of Professional Conduct, Rule 19-301.2, Comment 8. For striking of an attorney’s limited appearance, see Rule 2-132 (a).
Committee note: The entry of a limited appearance in accordance with this Rule does not constitute the entry of an appearance for the purpose of bringing, prosecuting, or defending an action and does not require the payment of a fee under Code, Courts Article, § 7-204.
Cross reference: Rules 1-311, 1-312, 1-313; Rules 19-214, 19-215, and 19-216 of the Rules Governing Admission to the Bar. See also Rule 1-202 (u) for the definition of “person”.
Source: This Rule is in part derived from former Rule 124 and in part new.
Rule 2–132. Striking of Attorney's Appearance
RULE 2-132. STRIKING OF ATTORNEY’S APPEARANCE
(a) By Notice. An attorney may withdraw an appearance by filing a notice of withdrawal when (1) the client has another attorney of record; or (2) the attorney entered a limited appearance pursuant to Rule 2-131(b), and the particular proceeding or matter for which the appearance was entered has concluded.
(b) By Motion. When an attorney is not permitted to withdraw an appearance by notice under section (a) of this Rule, the attorney wishing to withdraw an appearance shall file a motion to withdraw. Except when the motion is made in open court, the motion shall be accompanied by the client’s written consent to the withdrawal or the moving attorney’s certificate that notice has been mailed to the client at least five days prior to the filing of the motion, informing the client of the attorney’s intention to move for withdrawal and advising the client to have another attorney enter an appearance or to notify the clerk in writing of the client’s intention to proceed in proper person. Unless the motion is granted in open court, the court may not order the appearance stricken before the expiration of the time prescribed by Rule 2-311 for responding. The court may deny the motion if withdrawal of the appearance would cause undue delay, prejudice, or injustice.
(c) Notice to Employ New Attorney. When, pursuant to section (b) of this Rule, the appearance of the moving attorney is stricken and the client has no attorney of record and has not mailed written notification to the clerk of an intention to proceed in proper person, the clerk shall mail a notice to the client’s last known address warning that if new counsel has not entered an appearance within 15 days after service of the notice, the absence of counsel will not be grounds for a continuance. The notice shall also warn the client of the risks of dismissal, judgment by default, and assessment of court costs.
(d) Automatic Termination of Appearance. When no appeal has been taken from a final judgment, the appearance of an attorney is automatically terminated upon the expiration of the appeal period unless the court, on its own initiative or on motion filed prior to the automatic termination, orders otherwise.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is in part derived from former Rule 125 a and the last sentence of c 2 and is in part new.
Section (c) is derived from former Rule 125 d.
Section (d) is derived from former Rule 125 e.
DISTRICT COURT - TITLE 3
Rule 3–101. Commencement of Action
RULE 3-101. COMMENCEMENT OF ACTION
(b) After Certain Dismissals by a United States District Court or a Court of Another State. Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in the District Court of Maryland within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State.
Cross reference: Code, Courts Article, § 5-115.
(c) After Dismissal by the Circuit Court for Lack of Subject Matter Jurisdiction. If an action is filed in the circuit court within the period of limitations prescribed by Maryland law and the circuit court dismisses the action for lack of subject matter jurisdiction, an action filed in the District Court of Maryland within 30 days after the entry of the order of dismissal shall be treated as timely filed in the District Court.
Source: This Rule is derived as follows:
Section (a) is derived from the 1937 version of Fed. R. Civ. P. 3 and former M.D.R. 100.
Section (b) is new.
Section (c) is new.
Rule 3–102. Trial Date and Time
RULE 3-102. TRIAL DATE AND TIME
(a) Fixed by Clerk. Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be not less than 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be not less than 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed.
Cross reference: See Rule 3-307 concerning the time for filing a notice of intention to defend.
(b) Reassignment. Subject to section (c) of this Rule, when service of process is not made and the summons becomes dormant pursuant to Rule 3-113, the clerk shall cancel the assigned trial date. If the summons is renewed pursuant to Rule 3-113, the clerk shall assign a new trial date and shall notify the plaintiff of the reassignment.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 101 a.
Section (b) is in part new and in part derived from former M.D.R. 103 e.
Section (c) is derived from former M.D.R. 103 g.
Rule 3–111. Process - Requirements Preliminary to Summons
RULE 3-111. PROCESS–REQUIREMENTS PRELIMINARY TO SUMMONS
(b) Instructions for the Sheriff. A person requesting service of process by the sheriff shall furnish to the clerk all available information as to the name and location, including the county where service is to be made, of the person to be served. The information required by this section may be included in the caption of the case.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 103 h.
Section (b) is derived from former M.D.R. 103 b.
Rule 3–112. Process - Issuance of Summons
RULE 3-112. PROCESS–ISSUANCE OF SUMMONS
(a) Summons. Upon the filing of the complaint, the clerk shall issue forthwith a summons for each defendant and, as directed by the plaintiff, shall either deliver it, together with a copy of each paper filed, to the plaintiff or to the sheriff or mail it to the defendant by certified mail pursuant to Rule 3-121. Upon request of the plaintiff, more than one summons shall issue for a defendant.
(b) Delivery to Another County. When process is to be served by the sheriff of another county, the clerk may send the process to that sheriff for service. If a party requests personal delivery of the process at that party’s expense to the sheriff of another county, the clerk shall furnish the process to a person designated by the party and approved by the clerk to make delivery.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 103 c and e and the 1980 version of Fed. R. Civ. P. 4 (a).
Section (b) is derived from former Rule 103 j.
Rule 3–113. Process - Duration, Dormancy, and Renewal of Summons
RULE 3-113. PROCESS–DURATION, DORMANCY, AND RENEWAL OF SUMMONS
Committee note: See Neel v. Webb Fly Screen Mfg. Co., 187 Md. 34, 48 A.2d 331 (1946).
(b) Judgment on Affidavit–Military Service Affidavit. A request for renewal of a summons in an action seeking judgment on affidavit pursuant to Rule 3-306 shall be accompanied by either (1) a statement that there has been no change to the information provided in the most recently filed military service affidavit or (2) a supplemental military service affidavit in compliance with § 3931 of the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.
Source: Section (a) of this Rule replaces former M.D.R. 103 d 2. Section (b) is new.
Rule 3–114. Process - Content
RULE 3-114. PROCESS–CONTENT
(b) Summons. A summons shall contain (1) the name of the court and the assigned docket reference, (2) the name and address of the party requesting the summons, (3) the name and address of the person to be served as set forth in the complaint, (4) the date of issue, (5) the time within which it must be served, (6) the assigned trial date, (7) the time within which the defendant must file a notice of intention to defend, (8) notification to the defendant that failure to file the notice of intention to defend within the time allowed may result in a judgment by default or the granting of the relief sought, and (9) the time within which the return of service shall be made.
Source: This Rule is derived from former M.D.R. 103 f.
Rule 3–115. Attachment Before Judgment
RULE 3-115. ATTACHMENT BEFORE JUDGMENT
(a) Request for Writ. At the time of filing a complaint commencing an action or while the action is pending, a plaintiff entitled by statute to attachment before judgment may file a request for an order directing the issuance of a writ of attachment for levy or garnishment of property or credits of the defendant. The request may be made ex parte. The plaintiff shall file with the request an affidavit verifying the facts set forth in the complaint and stating the grounds for entitlement to the writ. The request and affidavit need not be served pursuant to Rule 1-321 at the time of filing.
Cross reference: Code, Courts Art. §§ 3-302, 3-303, 3-304, 3-305.
Committee note: This section abolishes a former practice of having two separate cases, the “short note case” and the “attachment case.”
(c) Proceedings on Request for Writ. The court shall review the complaint, any exhibits, and the supporting affidavit. The court may require the plaintiff to supplement or explain any of the matters set forth in the documents or to provide further information regarding the property to be attached. If the court determines that the plaintiff is entitled to the writ of attachment, it shall order issuance of the writ conditioned on the filing of a bond by the plaintiff for the satisfaction of all costs and damages that may be awarded the defendant or a claimant of the property by reason of the attachment. The order shall prescribe the amount and security of the bond.
(d) Issuance of Writ. Upon entry of the order and the filing of the bond, the clerk shall issue one or more writs of attachment and shall attach to each writ a copy of the supporting affidavit filed with the request. When the writ directs a levy on the property of the defendant, the procedure shall be in accordance with Rules 3-641 and 3-642. When the writ directs a garnishment of property or credits of the defendant, the procedure shall be in accordance with Rule 3-645, except that no judgment shall be entered against the garnishee until a judgment is entered for the plaintiff on the claim. In applying Rules 3-641, 3-642, and 3-645, the plaintiff shall be treated as a judgment creditor and the defendant shall be treated as a judgment debtor, and a statement of the amount of the plaintiff’s claim shall be treated as a statement of the amount owed under the judgment.
(e) Notice of Lien of Attachment. When real property is attached, upon the filing of the return by the sheriff the clerk shall file a Notice of Lien marked “Attachment Before Judgment on Real Property.” The notice shall contain (1) the name of each plaintiff, (2) the name and address of each defendant, (3) the assigned docket reference of the action, and (4) the name of the county in which the action was commenced.
When the real property attached is located in Baltimore City, the Notice of Lien shall be filed with the clerk of the District Court sitting in Baltimore City and shall constitute a lien on the property when recorded among the judgment records of that court. When the real property is located outside of Baltimore City, the Notice of Lien shall be filed with the clerk of the circuit court for the county in which the property is located and shall constitute a lien on the property when entered by the clerk of the circuit court.
If the attachment is dissolved, released, or otherwise modified, the clerk shall transmit a certified notice of that action to each clerk with whom a Notice of Lien was filed.
(f) Proceedings on Complaint. If the request for the writ of attachment accompanies the complaint, the clerk shall issue a summons pursuant to Rule 3-112 upon the filing of the complaint. If the whereabouts of the defendant are unknown or the summons is not served despite reasonable efforts to effect service and if the defendant does not voluntarily appear, the plaintiff may seek an order of publication pursuant to Rule 2-122 for in rem jurisdiction. The court may provide for additional notice to the defendant by any means it deems appropriate.
(g) Dissolution of Attachment for Lack of Service. An attachment made before service of original process dissolves 60 days after making the levy or serving the garnishee unless before that time the summons is served upon the defendant or first publication is made pursuant to Rule 2-122, provided that publication is subsequently completed. Upon request made within the initial 60 day period, the court for good cause may extend the attachment for not more than 60 additional days to permit service to be made or publication commenced pursuant to this section.
(h) Release of Property or Dissolution of Attachment. A defendant who has appeared may obtain release of the attached property by posting a bond in an amount equal to the value of the property, as determined by the court, or in the amount of the plaintiff’s claim, whichever is less, conditioned upon satisfaction of any judgment that may be recovered.
Upon motion of a defendant who has appeared, the court may release some or all of the attached property if it finds that (1) the complaint has been dismissed or settled, (2) the plaintiff has failed to comply with the provisions of this Rule or an order of court regarding these proceedings, (3) the plaintiff fails to demonstrate the probability of success on the merits, (4) property of sufficient value to satisfy the claim and probable costs will remain subject to the attachment after the release, or (5) the attachment of the specific property will cause undue hardship to the defendant and the defendant has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the claim and probable costs.
Upon motion of a defendant or garnishee, the court may release some or all of the attached property on the ground that by law the property is automatically exempt from attachment without the necessity of election or it may dissolve the attachment on the ground that the plaintiff is not entitled to attachment before judgment. If the motion is filed before the defendant’s notice of intention to defend is due pursuant to Rule 3-307, its filing shall be treated as an appearance for that purpose only. A party desiring a hearing on a motion filed pursuant to this section shall so request pursuant to Rule 3-311 (e) and, if requested, a hearing shall be held promptly.
(j) Retention of Levied or Garnished Property. All property and funds coming into the possession of the sheriff by virtue of an attachment shall be retained during the pendency of the action unless otherwise directed by the court. At the request of either party, the court may direct the sale or other disposition of any perishable property upon such terms and conditions as it deems just.
(l) Judgment for Plaintiff. If personal jurisdiction was not obtained over the defendant, any judgment for the plaintiff shall be an in rem judgment against the attached property, and entry and satisfaction of the judgment will not bar further pursuit of the plaintiff’s claim in the same or another action for any unpaid balance. When judgment is entered for the plaintiff, any funds paid to or collected by the sheriff and the proceeds of any pre-judgment sales of attached property shall be applied toward satisfaction of the judgment and the court shall order the sale of any other attached property to the extent necessary to satisfy the judgment. If personal jurisdiction was obtained over the defendant, the plaintiff may enforce the judgment as provided in Chapter 600 to the extent it remains unsatisfied after application of the proceeds from the attachment.
Source: This Rule is derived as follows:
Section (a) is in part new and in part derived from former M.D.R. G40 a and b.
Section (b) is derived from former M.D.R. G43.
Section (c) is derived from former M.D.R. G44.
Section (d) is in part derived from former M.D.R. G45 and in part new.
Section (e) is derived from M.D.R. G47 c.
Section (f) is new.
Section (g) is new.
Section (h) is derived from former M.D.R. G51.
Section (i) is new.
Section (j) is in part new and in part derived from former M.D.R. G60.
Section (k) is new.
Section (l) is derived from former M.D.R. G59.
Rule 3–121. Process - Service - in Personam
RULE 3-121. PROCESS–SERVICE–IN PERSONAM
(a) Generally. Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual’s dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: “Restricted Delivery–show to whom, date, address of delivery.” Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice.
(b) Evasion of Service. When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant’s last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant.
(c) By Order of Court. When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 104 b 1 and 2, and 107 a 1 and 2 and the 1993 version of Fed. R. Civ. P. 4 (e)(2).
Section (b) is derived from former M.D.R. 104 h 1 and 107 a 3.
Section (c) is new.
Section (d) is derived from former M.D.R. 104 i and 107 b.
Rule 3–123. Process - by Whom Served
RULE 3-123. PROCESS–BY WHOM SERVED
(c) Elisor. When the sheriff is a party to or interested in an action so as to be disqualified from serving or executing process, the court, on application of any interested party, may appoint an elisor to serve or execute the process. The appointment shall be in writing, signed by a judge, and filed with the clerk issuing the process. The elisor has the same power as the sheriff to serve or execute the process for which the elisor was appointed and is entitled to the same fees.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 104 b 1 and h 2 and 116 a.
Section (b) is in part derived from former M.D.R. 116 a and is in part new.
Section (c) is derived from former M.D.R. 117 a and b.
Rule 3–124. Process - Persons to be Served
RULE 3-124. PROCESS–PERSONS TO BE SERVED
Committee note: Examples of statutes permitting or requiring service on a person include the Maryland Tort Claims Act,1 Code, State Government Article, § 12-108 (a) (service of a complaint is sufficient only when made upon the Treasurer of the State); Code, Insurance Article, § 4-107 (service on certain insurance companies is effected by serving the Insurance Commissioner); Code, Business Regulation Article, § 4-402 (service on a non-resident “athlete agent” is effected by serving the Secretary of Labor, Licensing, and Regulation); Code, Business Regulation Article, § 6-202 (service on certain nonresident charitable organizations is effected by serving the Secretary of State); and Code, Courts Article, § 3-405 (notice to the Attorney General is required immediately after a declaratory judgment action is filed alleging that a statute, municipal or county ordinance, or franchise is unconstitutional).
(d) Corporation. Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process.
(f) Limited Partnership. Service is made upon a limited partnership by serving its resident agent. If the limited partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any general partner or other person expressly or impliedly authorized to receive service of process.
(g) Limited Liability Partnership. Service is made upon a limited liability partnership by serving its resident agent. If the limited liability partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any other person expressly or impliedly authorized to receive service of process.
(h) Limited Liability Company. Service is made upon a limited liability company by serving its resident agent. If the limited liability company has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any member or other person expressly or impliedly authorized to receive service of process.
(i) Unincorporated Association. Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, § 6-406 by serving any officer or member of its governing board. If there are no officers or if the association has no governing board, service may be made upon any member of the association.
(j) State of Maryland. Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Supreme Court. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served.
(k) Officer or Agency of the State of Maryland. Service is made on an officer or agency of the State of Maryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Supreme Court. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the Attorney General, the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency.
(2) Foreign Judgment. At the time a foreign judgment as defined in Code, Courts Article, § 11-801 is filed, the judgment creditor shall file an affidavit in compliance with Code, Courts Article, § 11-803(a). Upon receipt of the affidavit, the clerk shall mail to the judgment debtor the notice required by Code, Courts Article, § 11-803(b) and make a docket entry notation of the mailing.
Cross reference: For enforcement of foreign judgments, see Code, Courts Article, §§ 11-801 through 11-807. For provisions governing the stay of enforcement of a judgment, see Rule 2-632.
(l) Local Entity. Service is made on a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of the State by serving the resident agent designated by the local entity. If the local entity has no resident agent or if a good faith effort to serve the resident agent has failed, service may be made by serving the chief executive or presiding officer or, if there is no chief executive or presiding officer, by serving any member of the governing body.
Cross reference: See Code, Local Government Article, § 1-1301 concerning a local entity’s designation of a resident agent by filing with the State Department of Assessments and Taxation.
(m) United States. Service is made upon the United States by serving the United States Attorney for the District of Maryland or an individual designated by the United States Attorney in a writing filed with the clerk of the court and by serving the Attorney General of the United States at Washington, District of Columbia. In any action attacking the validity of an order of an officer or agency of the United States not made a party, the officer or agency shall also be served.
(o) Substituted Service Upon State Department of Assessments and Taxation. Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed.
Committee note: If a person served pursuant to this Rule is a plaintiff as well as a person upon whom service on a defendant entity is authorized by the Rule, the validity of service on the plaintiff to give notice to the defendant entity is subject to appropriate due process constraints.
Source: This Rule is derived as follows:
Section (a) is new and replaces former M.D.R. 106 f.
Section (b) is derived from former M.D.R. 104 b 1 (i) and (ii).
Section (c) is derived from former M.D.R. 119.
Section (d) is derived from former M.D.R. 106 b.
Section (e) is new.
Section (f) is new.
Section (g) is new.
Section (h) is new.
Section (i) is new.
Section (j) is new.
Section (k) is new.
Section (l) is new.
Section (m) is derived from former Rule 108 a.
Section (n) is derived from former Rule 108 b.
Section (o) is new, but is derived in part from former section (c) and former M.D.R. 106 e 1 and 2.
Rule 3–125. Process - Service on Sundays and Holidays
RULE 3-125. PROCESS–SERVICE ON SUNDAYS AND HOLIDAYS
Process may be served on a Sunday or holiday, except that a writ of distraint or for eviction or possession shall not be served on Sunday.
Source: This Rule is derived from former Rule 104 c and Code, Courts Article, § 6-302.
Rule 3–126. Process - Return
RULE 3-126. PROCESS–RETURN
(1) If service is by delivery, the proof shall set forth the name of the person served, the date, and the particular place and manner of service. If service is made under Rule 3-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.
(2) If service is made by an individual other than a sheriff or clerk, the individual shall file proof under affidavit that includes the name, address, and telephone number of the affiant and a statement that the affiant is of the age of 18 or over. If service by certified mail is made by a person other than the clerk, the proof shall include the original return receipt.
(b) Service by Publication or Posting. Promptly and in any event within the time during which the person notified must respond, an individual making service of process pursuant to Rule 2-122 shall file with the court (1) the name, address, and telephone number of the individual making service, (2) proof of compliance with the Rule, and (3) a copy of the publication or posting notice. The certificate of the publisher constitutes proof of publication.
Committee note: Rule 1-202 defines “process” as “any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ.”
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 104 b 2 and h 3 (a), 107 a 2 and 116 c 1 and 2.
Section (b) is derived from former Rule 105 b 1 (a) and b 2.
Section (c) is new.
Section (d) is derived from former M.D.R. 103 d 2.
Section (e) is new.
Section (f) is derived from former M.D.R. 104 a (ii) and 622 h 2.
Section (g) is derived from the 1980 version of Fed.R.Civ.P. 4 (g) and former M.D.R. 104 h 3 (c) and 116 c 3.
Rule 3–131. Appearance
RULE 3-131. APPEARANCE
(1) Notice of Appearance. An attorney, acting pursuant to an agreement with a client for limited representation that complies with Rule 19-301.2 (c) of the Maryland Attorneys’ Rules of Professional Conduct, may enter an appearance limited to participation in a discrete matter or judicial proceeding. The notice of appearance (A) shall be accompanied by an Acknowledgment of Scope of Limited Representation substantially in the form specified in subsection (b)(2) of this Rule and signed by the client, and (B) shall specify the scope of the limited appearance, which (i) shall not exceed the scope set forth in the Acknowledgment but (ii) unless otherwise ordered by the court, shall include the performance of any procedural task required by law to achieve the objective of the appearance.
[CAPTION]
ACKNOWLEDGMENT OF SCOPE OF LIMITED REPRESENTATION
Client:
Attorney:
I have entered into a written agreement with the above-named attorney. I understand that the attorney will represent me for the following limited purposes (check all that apply):
Arguing the following motion or motions: .
Attending a pretrial conference. Attending a settlement conference. Attending the following court-ordered mediation for purposes of advising the client during the proceeding:.
Acting as my attorney for the following hearing or trial:.
With leave of court, acting as my attorney with regard to the following specific issue or a specific portion of a trial or hearing:.
I understand that except for the legal services specified above, I am fully responsible for handling my case, including complying with court Rules and deadlines. I understand further that during the course of the limited representation, the court may discontinue sending court notices to me and may send all court notices only to my limited representation attorney. If the court discontinues sending notices to me, I understand that although my limited representation attorney is responsible for forwarding to me court notices pertaining to matters outside the scope of the limited representation, I remain responsible for keeping informed about my case.
Client
Signature
Date
Cross reference: See Maryland Attorneys’ Rules of Professional Conduct, Rule 19-301.2, Comment 8. For striking of an attorney’s limited appearance, see Rule 3-132 (a).
Cross reference: Rules 1-311, 1-312, 1-313; Rules 19-214 and 19-215 of the Rules Governing Admission to the Bar. See also Rule 1-202 (u) for the definition of “person”, and Code, Business Occupations and Professions Article, § 10-206 (b)(1), (2), and (4) for certain exceptions applicable in the District Court.
Source: This Rule is in part derived from former Rule 124 and in part new.
Rule 3–132. Striking of Attorney's Appearance
RULE 3-132. STRIKING OF ATTORNEY’S APPEARANCE
(a) By Notice. An attorney may withdraw an appearance by filing a notice of withdrawal when (1) the client has another attorney of record; or (2) the attorney entered a limited appearance pursuant to Rule 3-131 (b), and the particular proceeding or matter for which the appearance was entered has concluded.
(b) By Motion. When an attorney is not permitted to withdraw an appearance by notice under section (a) of this Rule, the attorney wishing to withdraw an appearance shall file a motion to withdraw. Except when the motion is made in open court, the motion shall be accompanied by the client’s written consent to the withdrawal or the moving attorney’s certificate that notice has been mailed to the client at least five days prior to the filing of the motion, informing the client of the attorney’s intention to move for withdrawal and advising the client to have another attorney enter an appearance or to notify the clerk in writing of the client’s intention to proceed in proper person. Unless the motion is granted in open court, the court may not order the appearance stricken before the expiration of the time prescribed by Rule 3-311 for requesting a hearing. The court may deny the motion if withdrawal of the appearance would cause undue delay, prejudice, or injustice.
(c) Automatic Termination of Appearance. When no appeal has been taken from a final judgment, the appearance of an attorney is automatically terminated upon the expiration of the appeal period unless the court, on its own initiative or on motion filed prior to the automatic termination, orders otherwise.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 125 a.
Section (b) is in part derived from former M.D.R. 125 a and is in part new.
Section (c) is derived from former M.D.R. 125 b.
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