MARYLAND RULES OF CIVIL PROCEDURE
In the state of
Maryland, no process server license is required. Process serving may be completed by a sheriff or by a competent
private person, 18 years of age or older, including an attorney of record; however,
not be a party to the action.
2-111. PROCESS - REQUIREMENTS
PRELIMINARY TO SUMMONS. INFORMATION REPORT.
INSTRUCTIONS FOR THE SHERIFF.
RULE 2-112. PROCESS - ISSUANCE OF
SUMMONS. SUMMONS.
DELIVERY TO ANOTHER COUNTY.
RULE 2-113. PROCESS - DURATION,
DORMANCY, AND RENEWAL OF SUMMONS.
RULE 2-114. PROCESS - CONTENT.
GENERALLY.
RULE 2-115. ATTACHMENT BEFORE
JUDGMENT. REQUEST FOR WRIT.
PROCEEDINGS ON REQUEST FOR WRIT.
ISSUANCE OF WRIT.
PROCEEDINGS ON COMPLAINT.
DISSOLUTION OF ATTACHMENT FOR
LACK OF SERVICE.
RELEASE OF PROPERTY OR DISSOLUTION
OF ATTACHMENT.
CLAIM OF PROPERTY BY THIRD
PERSON.
RETENTION OF LEVIED OR GARNISHED
PROPERTY.
JUDGMENT FOR DEFENDANT.
JUDGMENT FOR PLAINTIFF.
RULE 2-121. PROCESS-SERVICE-IN
PERSONAM GENERALLY.
EVASION OF SERVICE.
METHODS NOT EXCLUSIVE.
RULE 2-122. PROCESS-SERVICE-IN
REM OR QUASI IN REM SERVICE BY POSTING OR PUBLICATION.
RULE 2-123. PROCESS-BY WHOM
SERVED GENERALLY.
RULE 2-124. PROCESS-PERSONS TO BE
SERVED INDIVIDUAL.
INDIVIDUAL UNDER DISABILITY.
CORPORATION.
GENERAL PARTNERSHIP.
LIMITED PARTNERSHIP.
LIMITED LIABILITY PARTNERSHIP.
LIMITED LIABILITY COMPANY.
UNINCORPORATED ASSOCIATION.
STATE OF MARYLAND.
UNITED STATES.
OFFICER OR AGENCY OF THE UNITED
STATES.
SUBSTITUTED SERVICE UPON STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION.
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. USE.
ISSUANCE.
SERVICE.
OBJECTION TO SUBPOENA FOR COURT
PROCEEDINGS.
OBJECTION TO SUBPOENA FOR
DEPOSITION.
PROTECTION OF PERSONS SUBJECT TO
SUBPOENAS.
HOSPITAL RECORDS.
ATTACHMENT.
RULES OF CIVIL PROCEDURE -
DISTRICT COURT RULE 3-121. PROCESS - SERVICE - IN PERSONAM. GENERALLY.
EVASION OF SERVICE.
BY ORDER OF COURT.
METHODS NOT EXCLUSIVE.
RULE 3-123. PROCESS - BY WHOM
SERVED.
RULE 3-124. PROCESS - PERSONS TO
BE SERVED. INDIVIDUAL.
INDIVIDUAL UNDER DISABILITY.
CORPORATION.
GENERAL PARTNERSHIP.
LIMITED PARTNERSHIP.
LIMITED LIABILITY PARTNERSHIP.
LIMITED LIABILITY COMPANY.
UNINCORPORATED ASSOCIATION.
STATE OF MARYLAND.
OFFICER OR AGENCY OF THE STATE OF
MARYLAND.
UNITED STATES.
OFFICER OR AGENCY OF THE UNITED
STATES.
SUBSTITUTED SERVICE UPON STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION.
STATUTES NOT ABROGATED.
RULE 3-125. PROCESS - SERVICE ON
SUNDAYS AND HOLIDAYS.
RULE 3-126. PROCESS - RETURN.
RULE 3-510. SUBPOENAS. USE.
ISSUANCE.
OBJECTION TO SUBPOENA FOR COURT
PROCEEDINGS.
OBJECTION TO SUBPOENA FOR
DEPOSITION.
PROTECTION OF PERSONS SUBJECT TO
SUBPOENAS.
HOSPITAL RECORDS.
ATTACHMENT.
MARYLAND CODE § 6-311 Cts. &
Jud. Proc. a.
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.
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.)
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.
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.)
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.
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.
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.
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.
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.
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.
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.
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.
When attached property is claimed by a person other than the
defendant, the claimant may proceed pursuant to Rule 2-643 (e).
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.
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.
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.)
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.
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.
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)
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: 1. by the posting
of the notice by the sheriff at the courthouse door or on a bulletin board
within its immediate vicinity, or2. 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 3. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The provisions of this Rule do not abrogate any statute permitting
or requiring service on a person.
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.
1.
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.
2.
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.
3.
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.
4.
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.
5.
Return to Include
Process. A return shall include a copy of the process if served and the
original process if not served.
6.
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.
7.
Effect of Failure
to Make Proof of Service. Failure to make proof of service does not affect the
validity of the service.
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.
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.
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.
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.
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.
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.
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.
1.
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.
2.
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.
3.
When the actual
presence of the custodian of medical records is required, the subpoena shall so
state.
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.
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.
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.
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.
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.
1.
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.
2.
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.
3.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Service is made upon an officer or agency of the State of
Maryland, including a government corporation, by serving the officer or agency.
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.
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.
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.
The provisions of this Rule do not abrogate any statute permitting
or requiring service on a person.
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.)
1.
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.
2.
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.
3.
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.
4.
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.
5.
Return to include
process. A return shall include a copy of the process if served and the
original process if not served.
6.
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.
7.
Effect of failure
to make proof of service. Failure to make proof of service does not affect the
validity of the service.
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.
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.
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:
1.
that the subpoena
be quashed or modified;
2.
that the subpoena
be complied with only at some designated time or place other than that stated
in the subpoena;
3.
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.
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.
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.
1.
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.
2.
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.
3.
When the actual
presence of the custodian of medical records is required, the subpoena shall so
state.
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.
a. "Person"
defined. In this section, "person" has the meaning stated in Rule
1-202 of the Maryland Rules.
b.
Applicability.
i.
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.
ii.
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.
c.
Information provided by insurer or person with
self-insurance plan; no civil or criminal liability.
i.
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.
ii.
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.
d.
Plaintiff certification - Contents. - Subsection (c) (1)
of this section applies only if the plaintiff files a certification that:
i.
States that the defendant had applicable insurance
coverage at the time the alleged liability was incurred;
ii.
Sets forth in detail the reasonable efforts made, in good
faith, by the plaintiff to locate the defendant; and
iii.
States that the defendant is evading service of process or
the whereabouts of the defendant are unknown to the plaintiff.
e.
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.
f.
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 Courts & Judicial Procedure
a.
"Person" defined. In this section,
"person" has the meaning stated in Rule 1-202 of the Maryland Rules.
b.
General applicability. This section applies to a person
who is a defendant subject to a complaint, counterclaim, cross-claim, or
third-party complaint.
c.
Service authorized; effectiveness; not exclusive method.
i.
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.
ii.
Any service under this subsection is as effective as
actual personal service.
iii.
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.
d.
Insurer defenses not affected. This section does not affect
any defense, including non-cooperation, available to an insurer or a person who
has a self-insurance plan under the terms of the applicable insurance or
self-insurance plan.
e.
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.
In Maryland, lobbyists and state officials are always active in
transforming laws concerning civil procedure.
As a result, state information offered on our website may have been
amended recently. For contemporary
process serving and civil statutes, visit the official Maryland Judicial System
Court website: http://www.courts.state.md.us/
