Service of process of summons and complaints is an important part of civil litigation in Maryland. It is the formal way of notifying a party in a legal action that they have been named as a defendant and that they must appear in court. The process can be complex and intimidating, so it is important to understand the rules and procedures that govern service of process in Maryland. This comprehensive guide will provide an overview of the service of process of summons and complaints in Maryland, including the types of service, the service requirements, and the consequences for failing to properly serve. By the end of this guide, you will have a better understanding of the service of process of summons and complaints in Maryland and how it affects your case.
What is Service of Process?
The first step in filing a civil lawsuit is to serve the summons and complaint on the defendant. Civil procedure rules generally require court clerks or sheriffs to deliver the summons and complaint to the defendant on behalf of the person who files the lawsuit. The process is called service of process of summons and complaints. The rules for proper service of process in Maryland are designed to give the defendant fair notice of the lawsuit and enough time to prepare a defense. They also protect the rights of people who are not parties to the lawsuit but might be affected by it. The rules vary a bit depending on whether the lawsuit is against an individual or a corporation.
Types of Service of Process in Maryland
There are three types of service of process in Maryland: Substituted Service, General Service, and Special Service. Substituted Service is the most common type of service of process. Substituted Service General Service Special Service General Service is appropriate when a defendant is not known or cannot be found. For example, you may have to serve a summons and complaint on a person whose name does not appear in the complaint or who does not have a known address. Special Service is appropriate when the lawsuit is against a minor or a person whose mental condition makes it difficult to understand the lawsuit. Special Service is also appropriate when the lawsuit is against a government agency and the government does not have an agent for service of process.
Service Requirements in Maryland
When you start a lawsuit, you must serve a summons and complaint on all individuals or corporations who are being sued. If the defendant is a corporation, you must also serve the corporation’s registered agent. There are specific rules governing when and how you can serve the summons and complaint. You can find these rules in Rule 4 of the Maryland Rules for Service of Process. If the defendant lives in Maryland, you can choose the method of service that is most convenient for you, as long as it complies with Rule 4’s requirements. If the defendant lives outside Maryland, you must use special service. – Rule 4(d)(1) requires you to make a good faith effort to discover the correct address of the person or corporation you want to serve. You can use any of the following methods to discover the correct address: – Rule 4(d)(2)(i) requires you to serve the summons and complaint at least six days before the date you have set for the first court appearance. – Rule 4(d)(2)(ii) allows you to serve the summons and complaint earlier than six days, but not later than 30 days, before the date you have set for the first court appearance.
Consequences for Failing to Properly Serve
If you fail to serve a defendant properly, the court will dismiss the lawsuit. This can be embarrassing and costly, since you will have to start all over again with a new lawsuit and probably pay a new filing fee. If you discover that you failed to serve the summons and complaint properly, you can reopen the case and try to serve the defendant again. If this happens, you will not have to start over with a new case, but you will have to go through discovery and prepare for trial, including gathering evidence and finding witnesses. If you are in doubt about whether you have served the summons and complaint properly, you should ask the court’s permission to re-serve the defendant. This will give you time to investigate and correct any mistake.
How to Effect Service on a Corporation
When you are suing a corporation, you must serve the summons and complaint on the corporation’s registered agent. You can find the name and address of the corporation’s registered agent by calling the Secretary of State at 410-974-5533. Alternatively, you can look up the corporation’s registered agent using the State of Maryland Business Search. You can also serve the summons and complaint on the president or vice president of the corporation. If you choose to serve the corporation’s president or vice president, you must also serve the corporation’s registered agent. Alternatively, you can serve the summons and complaint on one of the corporation’s shareholders. If you choose to serve a shareholder, you must also serve the corporation’s registered agent.
How to Effect Service on an Individual
When you are suing an individual, you must attempt to serve the individual by either personal service or substituted service. – Rule 4(d)(2)(iii) requires you to serve the summons and complaint on an individual by substituted service when you know the individual’s correct address but the plaintiff is a government agency and the government does not have an agent for service of process. – Rule 4(d)(2)(iv) requires you to serve the summons and complaint on an individual by personal service when the individual’s correct address is not known and: – Rule 4(d)(2)(v) requires you to serve the summons and complaint on an individual by substituted service when the individual’s correct address is not known and the plaintiff is a government agency and the government does not have an agent for service of process. – Rule 4(d)(2)(vi) requires you to serve the summons and complaint on an individual by substituted service when the individual’s correct address is not known and the plaintiff is an unincorporated association.
Filing and Serving Documents in Maryland
You must file all documents with the court, even if you are also serving them on the defendant. The court will not enforce a document unless it has been filed. You must also serve the defendant with copies of all documents that you file with the court. The best way to ensure that a defendant gets the documents that you have filed and served on them is to have a plaintiff’s process server deliver the documents. It is generally not a good idea to have a party to the lawsuit serve the documents on the defendant. When you file a document in Maryland, a court clerk will stamp a date and time on the document. The document will be considered filed at that time, regardless of the date on the document. This is important, because a defendant will not be required to respond to a document until 10 days after the date that the document is filed with the court.
Conclusion
Service of process of summons and complaints is an important part of civil litigation in Maryland. It is the formal way of notifying a party in a legal action that they have been named as a defendant and that they must appear in court. The process can be complex and intimidating, so it is important to understand the rules and procedures that govern service of process in Maryland. This comprehensive guide will provide an overview of the service of process of summons and complaints in Maryland, including the types of service, the service requirements, and the consequences for failing to properly serve. By the end of this guide, you will have a better understanding of the service of process of summons and complaints in Maryland and how it affects your case.
Helpful Resources for Process Servers and Skip Tracers in Maryland
Process Server One https://processserverone.com/
Phone: (855) 545-1303
Office: 200 E. Pratt St., Baltimore, MD 21202