| RULES OF
CIVIL PROCEDURE - CIRCUIT COURT |
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| Rule 2-111.
Process - Requirements preliminary to summons. |
| (a) |
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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. |
| (b) |
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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. |
| (c) |
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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. |
| (a) |
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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. |
| (b) |
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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. |
| (a) |
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Generally. All process shall be under the
seal of the court and signed by the clerk. |
| (b) |
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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. |
| (a) |
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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. |
| (b) |
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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. |
| (c) |
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Proceedings on request for writ. The court
shall review the complaint, any exhibits, and the supporting affidavit.
The court may require the plaintiff to supplement or explain any of the
matters set forth in the documents or to provide further information regarding
the property to be attached. If the court determines that the plaintiff
is entitled to the writ of attachment, it shall order issuance of the writ
conditioned on the filing of a bond by the plaintiff for the satisfaction
of all costs and damages that may be awarded the defendant or a claimant
of the property by reason of the attachment. The order shall prescribe the
amount and security of the bond. |
| (d) |
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Issuance of writ. Upon entry of the order
and the filing of the bond, the clerk shall issue one or more writs of attachment
and shall attach to each writ a copy of the supporting affidavit filed with
the request. When the writ directs a levy on the property of the defendant,
the procedure shall be in accordance with Rules 2-641 and 2-642. When the
writ directs a garnishment of property or credits of the defendant, the
procedure shall be in accordance with Rule 2-645, except that no judgment
shall be entered against the garnishee until a judgment is entered for the
plaintiff on the claim. In applying Rules 2-641, 2-642, and 2-645, the plaintiff
shall be treated as a judgment creditor and the defendant shall be treated
as a judgment debtor, and a statement of the amount of the plaintiff's claim
shall be treated as a statement of the amount owed under the judgment. |
| (e) |
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Proceedings on complaint. If the request
for the writ of attachment accompanies the complaint, the clerk shall issue
a summons pursuant to Rule 2-112 upon the filing of the complaint. If the
whereabouts of the defendant are unknown or the summons is not served despite
reasonable efforts to effect service and if the defendant does not voluntarily
appear, the plaintiff may seek an order of publication pursuant to Rule
2-122 for in rem jurisdiction. The court may provide for additional notice
to the defendant by any means it deems appropriate. |
| (f) |
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Dissolution of attachment for lack of service.
An attachment made before service of original process dissolves 60 days
after making the levy or serving the garnishee unless before that time the
summons is served upon the defendant or first publication is made pursuant
to Rule 2-122, provided that publication is subsequently completed. Upon
request made within the initial 60 day period, the court for good cause
may extend the attachment for not more than 60 additional days to permit
service to be made or publication commenced pursuant to this section. |
| (g) |
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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. |
| (h) |
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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). |
| (i) |
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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. |
| (j) |
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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. |
| (k) |
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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 |
| (a) |
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Generally. Service of process may be made within this State or, when authorized
by the law of this State, outside of this State (1) by delivering to the
person to be served a copy of the summons, complaint, and all other papers
filed with it; (2) if the person to be served is an individual, by leaving
a copy of the summons, complaint, and all other papers filed with it at
the individual's dwelling house or usual place of abode with a resident
of suitable age and discretion; or (3) by mailing to the person to be
served a copy of the summons, complaint, and all other papers filed with
it by certified mail requesting: "Restricted Delivery--show to whom, date,
address of delivery." Service by certified mail under this Rule is complete
upon delivery. Service outside of the State may also be made in the manner
prescribed by the court or prescribed by the foreign jurisdiction if reasonably
calculated to give actual notice. |
| (b) |
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Evasion of Service. When proof is made by
affidavit that a defendant has acted to evade service, the court may order
that service be made by mailing a copy of the summons, complaint, and all
other papers filed with it to the defendant at the defendant's last known
residence and delivering a copy of each to a person of suitable age and
discretion at the place of business of the defendant. |
| (c) |
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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. |
| (d) |
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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 |
| (a) |
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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: |
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(1) |
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by the posting of the notice by the sheriff
at the courthouse door or on a bulletin board within its immediate vicinity,
or |
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(2) |
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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 |
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(3) |
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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. |
| (b) |
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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. |
| (c) |
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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 |
| (a) |
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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. |
| (b) |
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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.
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| (c) |
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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 |
| (a) |
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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. |
| (b) |
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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. |
| (c) |
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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. |
| (d) |
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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. |
| (e) |
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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. |
| (f) |
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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. |
| (g) |
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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.
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| (h) |
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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. |
| (i) |
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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. |
| (j) |
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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. |
| (k) |
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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. |
| (l) |
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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. |
| (m) |
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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.
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| (n) |
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Statutes Not Abrogated. The provisions of
this Rule do not abrogate any statute permitting or requiring service on
a person. |
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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 |
| (a) |
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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. |
| (b) |
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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. |
| (c) |
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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. |
| (d) |
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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. |
| (e) |
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Return to Include Process. A return shall
include a copy of the process if served and the original process if not
served. |
| (f) |
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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. |
| (g) |
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Effect of Failure to Make Proof of Service.
Failure to make proof of service does not affect the validity of the service.
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| 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. |
| (a) |
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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. |
| (b) |
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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. |
| (c) |
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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. |
| (d) |
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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. |
| (e) |
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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: |
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(1) |
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that the subpoena be quashed or modified;
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(2) |
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that the subpoena be complied with only
at some designated time or place other than that stated in the subpoena;
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(3) |
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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. |
| (f) |
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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. |
| (g) |
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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. |
| (h) |
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Hospital records. |
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(1) |
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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. |
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(2) |
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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. |
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(3) |
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When the actual presence of the custodian
of medical records is required, the subpoena shall so state. |
| (i) |
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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. |
| (a) |
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Generally. Service of process may be made within this State or, when authorized
by the law of this State, outside of this State (1) by delivering to the
person to be served a copy of the summons, complaint, and all other papers
filed with it; (2) if the person to be served is an individual, by leaving
a copy of the summons, complaint, and all other papers filed with it at
the individual's dwelling house or usual place of abode with a resident
of suitable age and discretion; or (3) by mailing to the person to be
served a copy of the summons, complaint, and all other papers filed with
it by certified mail requesting: "Restricted Delivery - show to whom, date,
address of delivery. Service by certified mail under this Rule is complete
upon delivery. Service outside of the State may also be made in the manner
prescribed by the court or prescribed by the foreign jurisdiction if reasonably
calculated to give actual notice. |
| (b) |
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Evasion of service. When proof is made by
affidavit that a defendant has acted to evade service, the court may order
that service be made by mailing a copy of the summons, complaint, and all
other papers filed with it to the defendant at the defendant's last known
residence and delivering a copy of each to a person of suitable age and
discretion at the place of business of the defendant. |
| (c) |
|
|
|
By order of court. When proof is made by
affidavit that good faith efforts to serve the defendant pursuant to section
(a) of this Rule have not succeeded and that service pursuant to section
(b) of this Rule is inapplicable or impracticable, the court may order any
other means of service that it deems appropriate in the circumstances and
reasonably calculated to give actual notice. |
| (d) |
|
|
|
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. |
| (a) |
|
|
|
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. |
| (b) |
|
|
|
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.
|
| (c) |
|
|
|
Elisor. When the sheriff is a party to or
interested in an action so as to be disqualified from serving or executing
process, the court, on application of any interested party, may appoint
an elisor to serve or execute the process. The appointment shall be in writing,
signed by a judge, and filed with the clerk issuing the process. The elisor
has the same power as the sheriff to serve or execute the process for which
the elisor was appointed and is entitled to the same fees. |
| Rule 3-124.
Process - Persons to be served. |
| (a) |
|
|
|
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. |
| (b) |
|
|
|
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. |
| (c) |
|
|
|
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. |
| (d) |
|
|
|
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.
|
| (e) |
|
|
|
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. |
| (f) |
|
|
|
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. |
| (g) |
|
|
|
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.
|
| (h) |
|
|
|
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.
|
| (i) |
|
|
|
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. |
| (j) |
|
|
|
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. |
| (k) |
|
|
|
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.
|
| (l) |
|
|
|
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. |
| (m) |
|
|
|
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.
|
| (n) |
|
|
|
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. |
| (a) |
|
|
|
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.
|
| (b) |
|
|
|
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. |
| (c) |
|
|
|
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. |
| (d) |
|
|
|
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. |
| (e) |
|
|
|
Return to include process. A return shall
include a copy of the process if served and the original process if not
served. |
| (f) |
|
|
|
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. |
| (g) |
|
|
|
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. |
| (a) |
|
|
|
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. |
| (b) |
|
|
|
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. |
| (c) |
|
|
|
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. |
| (d) |
|
|
|
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. |
| (e) |
|
|
|
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: |
| |
(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. |
| (f) |
|
|
|
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. |
| (g) |
|
|
|
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. |
| (h) |
|
|
|
Hospital records. |
| |
(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. |
| (i) |
|
|
|
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. |
| (a) |
|
|
|
"Person" defined. In this section, "person"
has the meaning stated in Rule 1-202 of the Maryland Rules. |
| (b) |
|
|
|
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. |
| (c) |
|
|
|
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. |
| (d) |
|
|
|
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.
|
| (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 Cts.
& Jud. Proc. |
| (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. |
| |
(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.
|
| (d) |
|
|
|
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. |
| (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. |