MARYLAND RULES OF CIVIL PROCEDURE

• Rule 2-111. Process – Requirements preliminary to summons.
  1. Information report.
  2. Summons.
  3. Instructions for the sheriff.
• Rule 2-112. Process – Issuance of summons.
  1. Summons.
  2. Delivery to another county.
• Rule 2-113. Process – Duration, dormancy, and renewal of summons.
• Rule 2-114. Process – Content.
  1. Generally.
  2. Summons.
• Rule 2-115. Attachment before judgment.
  1. Request for writ.
  2. Single action.
  3. Proceedings on request for writ.
  4. Issuance of writ.
  5. Proceedings on complaint.
  6. Dissolution of attachment for lack of service.
  7. Release of property or dissolution of attachment.
  8. Claim of property by third person.
  9. Retention of levied or garnished property.
  10. Judgment for defendant.
  11. Judgment for plaintiff.
• Rule 2-121. Process-Service-In personam
  1. Generally
  2. Evasion of Service
  3. By Order of Court
  4. Methods Not Exclusive
• Rule 2-122. Process-Service-In rem or quasi in rem
  1. Service by Posting or Publication
  2. Time
  3. Content of Notice
• Rule 2-123. Process-By whom served
  1. Generally
  2. Sheriff
  3. Elisor
• Rule 2-124. Process-Persons to be served
  1. Individual
  2. Individual Under Disability
  3. Corporation
  4. General Partnership
  5. Limited Partnership
  6. Limited Liability Partnership
  7. Limited Liability Company
  8. Unincorporated Association
  9. State of Maryland
  10. Officer or Agency of the State of Maryland
  11. United States
  12. Officer or Agency of the United States
  13. Substituted Service Upon State Department of Assessments and Taxation
  14. Statutes Not Abrogated
• Rule 2-125. Process-Service on Sundays and holidays
• Rule 2-126. Process-Return
• Rule 2-125. Process-Service on Sundays and holidays
• Rule 2-510. Subpoenas.
  1. Use.
  2. Issuance.
  3. Form.
  4. Service.
  5. Objection to subpoena for court proceedings.
  6. Objection to subpoena for deposition.
  7. Protection of persons subject to subpoenas
  8. Hospital records
  9. Attachment

RULES OF CIVIL PROCEDURE – DISTRICT COURT

• Rule 3-121. Process – Service – In personam.
  1. Generally
  2. Evasion of service
  3. By order of court
  4. Methods not exclusive
• Rule 3-123. Process – By whom served
• Rule 3-124. Process – Persons to be served.
  1. Individual
  2. Individual Under Disability
  3. Corporation
  4. General Partnership
  5. Limited Partnership
  6. Limited Liability Partnership
  7. Limited Liability Company
  8. Unincorporated Association
  9. State of Maryland
  10. Officer or Agency of the State of Maryland
  11. United States
  12. Officer or agency of the United States
  13. Substituted service upon State Department of Assessments and Taxation.
  14. Statutes not abrogated.
• Rule 3-125. Process – Service on Sundays and holidays.
• Rule 3-126. Process – Return
• Rule 3-510. Subpoenas
  1. Use.
  2. Issuance.
  3. Form.
  4. Service.
  5. Objection to subpoena for court proceedings.
  6. Objection to subpoena for deposition.
  7. Protection of persons subject to subpoenas
  8. Hospital records
  9. Attachment

Rule 2-111. Process – Requirements preliminary to summons.

Information report.

Except as otherwise provided by administrative order of the Chief Judge of the Court of Appeals approved by the Court of Appeals, the plaintiff shall file with the complaint an information report substantially in the form available from the clerk pursuant to Rule 16-202 b. If the plaintiff fails to file a required information report with the complaint, the court may proceed without the plaintiff’s information to assign the action to any track within the court’s differentiated case management system.

Summons.

For each summons to be issued, the plaintiff shall furnish to the clerk a copy of the complaint, a copy of each exhibit or other paper filed with the complaint, and a copy of the information report specified in section (a) of this Rule.

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. (Amended June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; June 5, 1996, effective Jan. 1, 1997; Dec. 10, 1996, effective Jan. 1, 1997.)

Rule 2-112. Process – Issuance of summons.

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 16-202 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.

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. (Amended June 7, 1994, effective Oct. 1, 1994; June 5, 1996, effective Jan. 1, 1997.)

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.

Rule 2-114. Process – Content.

Generally.

All process shall be under the seal of the court and signed by the clerk.

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.

Rule 2-115. Attachment before judgment.

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.

Single action.

The request for the writ of attachment shall be filed in the same action as the complaint. The complaint and the request for the writ of attachment and all further proceedings shall constitute a single action and shall be docketed accordingly.

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.

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.

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.

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.

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.

Claim of property by third person.

When attached property is claimed by a person other than the defendant, the claimant may proceed pursuant to Rule 2-643 (e).

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.

Judgment for defendant.

If judgment is entered for the defendant, the court shall dissolve the attachment. On motion, the court shall then assess and enter judgment for any damages sustained by the defendant by reason of the attachment.

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. (Amended Apr. 7, 1986, effective July 1, 1986; July 16, 1992.)

Rule 2-121. Process-Service-In personam

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.

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.

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.

Methods Not Exclusive.

The methods of service provided in this Rule are in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant. (Amended eff. Oct. 5, 1999)

Rule 2-122. Process-Service-In rem or quasi in rem

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:

• by the posting of the notice by the sheriff at the courthouse door or on a bulletin board within its immediate vicinity, or
• by publishing the notice at least once a week in each of three successive weeks in one or more newspapers of general circulation published in the county in which the action is pending, or
• in an action in which the rights relating to land including leasehold interests are involved, by the posting of the notice by the sheriff in a conspicuous place on the land. Additionally, the court may order any other means of notice that it deems appropriate in the circumstances.

Time.

The mailing and the posting or publication shall be accomplished at least 30 days before the date by which a response to the complaint is to be filed.

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.

Rule 2-123. Process-By whom served

Generally.

Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action.

Sheriff.

All process requiring execution other than delivery, mailing, or publication shall be executed by the sheriff of the county where execution takes place, unless the court orders otherwise.

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.

Rule 2-124. Process-Persons to be served

Individual.

Service is made upon an individual by serving the individual or an agent authorized by appointment or by law to receive service of process for the individual.

Individual Under Disability.

Service is made upon an individual under disability by serving the individual and, in addition, by serving the parent, guardian, or other person having care or custody of the person or estate of the individual under disability.

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.

General Partnership.

Service is made upon a general partnership sued in its group name in an action pursuant to Code, Courts Article, § 6-406 by serving any general partner.

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.

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.

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.

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.

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 court and by serving the Secretary of State. 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.

Officer or Agency of the State of Maryland.

Service is made upon an officer or agency of the State of Maryland, including a government corporation, by serving the officer or agency. Cross Reference: The Maryland Tort Claims Act, in Code, State Government Article, § 12-108(a), provides that service of a complaint under that statute is sufficient only when made upon the Treasurer of the State.

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.

Officer or Agency of the United States.

Service is made upon an officer or agency of the United States, including a government corporation, by serving the United States and by serving the officer or agency.

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.

Statutes Not Abrogated.

The provisions of this Rule do not abrogate any statute permitting or requiring service on a person.

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.

Rule 2-126. Process-Return

• Service by Delivery or Mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process. The proof shall set out the name of the person served, the date, and the particular place and manner of service. If service is by certified mail, the proof shall include the original return receipt. If service is made by an individual other than a sheriff, the individual shall file proof under affidavit which shall also state that affiant is of the age of 18 or over.
• Service by Publication or Posting. An individual making service of process pursuant to Rule 2-122 shall file with the court proof of compliance with the Rule together with a copy of the publication or posted notice promptly and in any event within the time during which the person notified must respond. The certificate of the publisher constitutes proof of publication.
• Other Process. When process requires for its execution a method other than or in addition to delivery or mailing, or publication or posting pursuant to Rule 2-122, the return shall be filed in the manner prescribed by rule or law promptly after execution of the process.
• Service Not Made. An individual unable to make service of process in accordance with these rules shall file a return as soon thereafter as practicable and in no event later than ten days following the termination of the validity of the process.
• Return to Include Process. A return shall include a copy of the process if served and the original process if not served.
• Place of Return. In every instance the return shall be filed with the court issuing process. In addition, when a writ of attachment, a writ of execution, or any other writ against property is executed in another county, a return shall be filed with the court of that county.
• Effect of Failure to Make Proof of Service. Failure to make proof of service does not affect the validity of the service.

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.

Rule 2-510. Subpoenas.

Use.

A subpoena is required to compel the person to whom it is directed to attend, give testimony, and produce designated documents or other tangible things at a court proceeding, including proceedings before a master, auditor, or examiner. A subpoena is also required to compel a nonparty and may be used to compel a party over whom the court has acquired jurisdiction to attend, give testimony, and produce and permit inspection and copying of designated documents or other tangible things at a deposition. A subpoena shall not be used for any other purpose. If the court, on motion of a party alleging a violation of this section or on its own initiative, after affording the alleged violator a hearing, finds that a party or attorney used or attempted to use a subpoena for a purpose other than a purpose allowed under this section, the court may impose an appropriate sanction upon the party or attorney, including an award of a reasonable attorney’s fee and costs, the exclusion of evidence obtained by the subpoena, and reimbursement of any person inconvenienced for time and expenses incurred.

Issuance.

On the request of a person entitled to the issuance of a subpoena, the clerk shall issue a completed subpoena, or provide a blank form of subpoena which shall be filled in and returned to the clerk to be signed and sealed before service. On the request of an attorney or other officer of the court entitled to the issuance of a subpoena, the clerk shall issue a subpoena signed and sealed but otherwise in blank, which shall be filled in before service.

Form.

Every subpoena shall contain: (1) the caption of the action, (2) the name and address of the person to whom it is directed, (3) the name of the person at whose request it is issued, (4) the date, time, and place where attendance is required, (5) a description of any documents or other tangible things to be produced, and (6) when required by Rule 2-412 (d), a notice to designate the person to testify.

Service.

A subpoena shall be served by delivering a copy either to the person named or to an agent authorized by appointment or by law to receive service for the person named. A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. Unless impracticable, a party shall make a good faith effort to cause a trial or hearing subpoena to be served at least five days before the trial or hearing.

Objection to subpoena for court proceedings.

On motion of a person served with a subpoena to attend a court proceeding (including a proceeding before a master, auditor, or examiner) filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance, the court may enter an order that justice requires to protect the person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

• that the subpoena be quashed or modified;
• that the subpoena be complied with only at some designated time or place other than that stated in the subpoena;
• that documents or other tangible things designated in the subpoena be produced only upon the advancement by the party serving the subpoena of the reasonable costs of producing them; or (4) that documents or other tangible things designated in the subpoena be delivered to the court at or before the proceeding or before the time when they are to be offered in evidence, subject to further order of court to permit inspection of them.

Objection to subpoena for deposition.

A person served with a subpoena to attend a deposition may seek a protective order pursuant to Rule 2-403. If the subpoena also commands the production of documents or other tangible things at the deposition, the person served may seek a protective order pursuant to Rule 2-403 or may file, within ten days after service of the subpoena, an objection to production of any or all of the designated materials. The objection shall be in writing and shall state the reasons for the objection. If an objection is filed, the party serving the subpoena is not entitled to production of the materials except pursuant to an order of the court from which the subpoena was issued. At any time before or within 15 days after completion of the deposition and upon notice to the deponent, the party serving the subpoena may move for an order to compel the production.

Protection of persons subject to subpoenas.

A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.

Hospital records.

• A hospital served with a subpoena to produce at trial records, including x-ray films, relating to the condition or treatment of a patient may comply by delivering the records to the clerk of the court that issued the subpoena at or before the time specified for production. The hospital may produce exact copies of the records designated unless the subpoena specifies that the original records be produced. The records shall be delivered in a sealed envelope labeled with the caption of the action, the date specified for production, and the name and address of the person at whose request the subpoena was issued. The records shall be accompanied by a certificate of the custodian that they are the complete records for the patient for the period designated in the subpoena and that the records are maintained in the regular course of business of the hospital. The certification shall be prima facie evidence of the authenticity of the records.
• Upon commencement of the trial, the clerk shall release the records only to the courtroom clerk assigned to the trial. The courtroom clerk shall return the records to the clerk promptly upon completion of trial or at an earlier time if there is no longer a need for them. Upon final disposition of the action the clerk shall return the original records to the hospital but need not return copies.
• When the actual presence of the custodian of medical records is required, the subpoena shall so state.

Attachment.

A witness served with a subpoena under this Rule is liable to body attachment and fine for failure to obey the subpoena without sufficient excuse. The writ of attachment may be executed by the sheriff or peace officer of any county and shall be returned to the court issuing it. The witness attached shall be taken immediately before the court if then in session. If the court is not in session, the witness shall be taken before a judicial officer of the District Court for a determination of appropriate conditions of release to ensure the witness’ appearance at the next session of the court that issued the attachment.

RULES OF CIVIL PROCEDURE – DISTRICT COURT

Rule 3-121. Process – Service – In personam.

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.

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.

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.

Methods not exclusive.

The methods of service provided in this Rule are in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant.

Rule 3-123. Process – By whom served.

• Generally. Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action.
• Sheriff. All process requiring execution other than delivery, mailing, or publication shall be executed by the sheriff of the county where execution takes place, unless the court orders otherwise.
• 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.

Rule 3-124. Process – Persons to be served.

Individual.

Service is made upon an individual by serving the individual or an agent authorized by appointment or by law to receive service of process for the individual.

Individual under disability.

Service is made upon an individual under disability by serving the individual and, in addition, by serving the parent, guardian, or other person having care or custody of the person or estate of the individual under disability.

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.

General partnership.

Service made upon a general partnership sued in its group name in an action pursuant to Code, Courts Article, § 6-406 CTS. & JUD. PROC. by serving any general partner.

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.

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.

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.

Unincorporated association.

Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, § 6-406 CTS. & JUD. PROC. 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.

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 Chief Clerk of the court and by serving the Secretary of State. 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.

Officer or agency of the State of Maryland.

Service is made upon an officer or agency of the State of Maryland, including a government corporation, by serving the officer or agency.

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 Chief 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.

Officer or agency of the United States.

Service is made upon an officer or agency of the United States, including a government corporation, by serving the United States and by serving the officer or agency.

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.

Statutes not abrogated.

The provisions of this Rule do not abrogate any statute permitting or requiring service on a person.

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. (Amended Dec. 10, 1996, effective Jan. 1, 1997.)

Rule 3-126. Process – Return.

• Service by delivery or mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process. If service by certified mail is made by the clerk, the receipt returned through the Post Office shall be promptly filed by the clerk as proof of service. The proof shall set out the name of the person served, the date, and the particular place and manner of service. If service is made by an individual other than a sheriff or clerk, the individual shall file proof under affidavit which shall also state that affiant is of the age of 18 or over, and if service is by certified mail, the proof shall include the original return receipt.
• Service by publication or posting. An individual making service of process pursuant to Rule 2-122 shall file with the court proof of compliance with the Rule together with a copy of the publication or posting notice promptly and in any event within the time during which the person notified must respond. The certificate of the publisher constitutes proof of publication.
• Other process. When process requires for its execution a method other than or in addition to delivery or mailing, or publication or posting pursuant to Rule 2-122, the return shall be filed in the manner prescribed by rule or law promptly after execution of the process.
• Service not made. An individual unable to make service of process in accordance with these rules shall file a return as soon thereafter as practicable and in no event later than ten days following the termination of the validity of the process.
• Return to include process. A return shall include a copy of the process if served and the original process if not served.
• Place of return. In every instance the return shall be filed with the court issuing process. In addition, when a writ of attachment, a writ of execution, or any other writ against property is executed in another county, a return shall be filed with the court of that county.
• Effect of failure to make proof of service. Failure to make proof of service does not affect the validity of the service.

Rule 3-510. Subpoenas.

Use.

A subpoena is required to compel the person to whom it is directed to attend, give testimony, and produce designated documents or other tangible things at a court proceeding, including proceedings before an examiner. A subpoena is also required to compel a nonparty and may be used to compel a party over whom the court has acquired jurisdiction to attend, give testimony, and produce and permit inspection and copying of designated documents or other tangible things at a deposition taken pursuant to Rule 3-401 or 3-431. A subpoena shall not be used for any other purpose. If the court, on motion of a party alleging a violation of this section or on its own initiative, after affording the alleged violator a hearing, finds that a party or attorney used or attempted to use a subpoena for a purpose other than a purpose allowed under this section, the court may impose an appropriate sanction upon the party or attorney, including an award of a reasonable attorney’s fee and costs, the exclusion of evidence obtained by the subpoena, and reimbursement of any person inconvenienced for time and expenses incurred.

Issuance.

On the request of a person entitled to the issuance of a subpoena, the clerk shall issue a completed subpoena, or provide a blank form of subpoena which shall be filled in and returned to the clerk to be signed and sealed before service. On the request of an attorney or other officer of the court entitled to the issuance of a subpoena, the clerk shall issue a subpoena signed and sealed but otherwise in blank, which shall be filled in before service.

Form.

Every subpoena shall contain: (1) the caption of the action, (2) the name and address of the person to whom it is directed, (3) the name of the person at whose request it is issued, (4) the date, time, and place where attendance is required, (5) a description of any documents or other tangible things to be produced.

Service.

A subpoena shall be served by delivering a copy either to the person named or to an agent authorized by appointment or by law to receive service for the person named. A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. Unless impracticable, a party shall make a good faith effort to cause a trial or hearing subpoena to be served at least five days before the trial or hearing.

Objection to subpoena for court proceedings.

On motion of a person served with a subpoena to attend a court proceeding (including a proceeding before an examiner) filed promptly and, whenever practicable, at or before the time specified in the subpoena for compliance, the court may enter an order that justice requires to protect the person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

• that the subpoena be quashed or modified;
• that the subpoena be complied with only at some designated time or place other than that stated in the subpoena;
• that documents or other tangible things designated in the subpoena be produced only upon the advancement by the party serving the subpoena of the reasonable costs of producing them; or (4) that documents or other tangible things designated in the subpoena be delivered to the court at or before the proceeding or before the time when they are to be offered in evidence, subject to further order of court to permit inspection of them.

Objection to subpoena for deposition.

A person served with a subpoena to attend a deposition may seek a protective order pursuant to Rule 2-403. If the subpoena also commands the production of documents or other tangible things at the deposition, the person served may seek a protective order pursuant to Rule 2-403 or may file, within ten days after service of the subpoena, an objection to production of any or all of the designated materials. The objection shall be in writing and shall state the reasons for the objection. If an objection is filed, the party serving the subpoena is not entitled to production of the materials except pursuant to an order of the court from which the subpoena was issued. At any time before or within 15 days after completion of the deposition and upon notice to the deponent, the party serving the subpoena may move for an order to compel the production.

Protection of persons subject to subpoenas.

A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.

Hospital records.

• A hospital served with a subpoena to produce at trial records, including x-ray films, relating to the condition or treatment of a patient may comply by delivering the records to the clerk of the court that issued the subpoena at or before the time specified for production. The hospital may produce exact copies of the records designated unless the subpoena specifies that the original records be produced. The records shall be delivered in a sealed envelope labeled with the caption of the action, the date specified for production, and the name and address of the person at whose request the subpoena was issued. The records shall be accompanied by a certificate of the custodian that they are the complete records for the patient for the period designated in the subpoena and that the records are maintained in the regular course of business of the hospital. The certification shall be prima facie evidence of the authenticity of the records.
• Upon commencement of the trial, the clerk shall release the records only to the courtroom clerk assigned to the trial. The courtroom clerk shall return the records to the clerk promptly upon completion of trial or at an earlier time if there is no longer a need for them. Upon final disposition of the action the clerk shall return the original records to the hospital but need not return copies.
• When the actual presence of the custodian of medical records is required, the subpoena shall so state.

Attachment.

A witness served with a subpoena under this Rule is liable to body attachment and fine for failure to obey the subpoena without sufficient excuse. The writ of attachment may be executed by the sheriff or peace officer of any county and shall be returned to the court issuing it. The witness attached shall be taken immediately before the court if then in session. If the court is not in session, the witness shall be taken before a judicial officer of the District Court for a determination of appropriate conditions of release to ensure the witness’ appearance at the next session of the court that issued the attachment.

MARYLAND CODE

§ 6-311 Cts. & Jud. Proc.

• “Person” defined. In this section, “person” has the meaning stated in Rule 1-202 of the Maryland Rules.
• Applicability.
  1. This section applies to an action against a person who had applicable insurance coverage under an insurance policy or self-insurance plan at the time the alleged liability that is the subject of the action was incurred.
  2. Subject to paragraph (1) of this subsection, this section applies to a person who is a defendant subject to a complaint, counterclaim, cross-claim, or third-party complaint.
• Information provided by insurer or person with self-insurance plan; no civil or criminal liability.
  1. Subject to subsections (d) and (e) of this section, on written request of a party to the action, an insurer or a person that has a self-insurance plan shall provide to the party the defendant’s last known home address if known.
  2. An insurer or a person that has a self-insurance plan, and their employees and agents, may not be civilly or criminally liable for the disclosure of information required under this subsection.
• Plaintiff certification – Contents. – Subsection (c) (1) of this section applies only if the plaintiff files a certification that:
  1. States that the defendant had applicable insurance coverage at the time the alleged liability was incurred;
  2. Sets forth in detail the reasonable efforts made, in good faith, by the plaintiff to locate the defendant; and
  3. States that the defendant is evading service of process or the whereabouts of the defendant are unknown to the plaintiff.
• Same – Service. A plaintiff shall file a certification described under subsection (d) of this section with the clerk of the court in which the case is filed and serve the certification on the insurer or the person that has the self-insurance plan, as provided in the Maryland Rules.
• Defendant’s consent. – A defendant who is subject to the provisions of this section is deemed to have consented to the disclosure of the information described in this section.

§ 6-312 Cts. & Jud. Proc.

• “Person” defined. In this section, “person” has the meaning stated in Rule 1-202 of the Maryland Rules.
• General applicability. This section applies to a person who is a defendant subject to a complaint, counterclaim, cross-claim, or third-party complaint.
• Service authorized; effectiveness; not exclusive method.
  1. Notwithstanding any other provision of law, a party may effect service by delivering a copy of the summons and the complaint to a defendant personally or by leaving copies of the summons and complaint at the defendant’s dwelling house or usual place of abode with a person of suitable age and discretion residing at the dwelling house or place of abode or by delivering a copy of the summons and the complaint to an agent authorized by appointment or law to receive service of process.
  2. Any service under this subsection is as effective as actual personal service.
  3. The method of service provided in this subsection is in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction of a defendant.
• Insurer defenses not affected. This section does not affect any defense, including noncooperation, available to an insurer or a person who has a self-insurance plan under the terms of the applicable insurance or self-insurance plan.
• Defendant’s consent. A defendant who is subject to the provisions of this section is deemed to have consented to service of process as described in this section.