Maryland Return of Service

State:
Maryland
Control #:
MD-SKU-0521
Format:
PDF
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Description

Return of Service

The Maryland Return of Service (ROS) is a legal document used to initiate a civil lawsuit in Maryland courts. This document is required to start a lawsuit and contains information about the plaintiff, the defendant, and the cause of action for the lawsuit. It must be filed by the plaintiff or their representative in the Maryland Circuit Court Clerk's Office. The Maryland ROS can be divided into two separate types: Original Process and Summons. The Original Process is used to inform the defendant of the lawsuit and must contain the names and addresses of both the plaintiff and the defendant. The Summons is issued by the court and is used to inform the defendant of the lawsuit and request a response. In addition to the Original Process and Summons, the Maryland ROS may also include a writ of summons, a complaint, and a certificate of service. The writ of summons informs the defendant of the plaintiff's claim, the complaint states the plaintiff's legal claim, and the certificate of service informs the court that the defendant has been properly served.

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FAQ

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

RULE 2-411. Any party to an action may cause the testimony of a person, whether or not a party, to be taken by deposition for the purpose of discovery or for use as evidence in the action or for both purposes.

Return of service is a confirmation that there was service of process. Also termed proof of service, and the document evidencing service may be termed certificate of service. The document is generally filed by the server, potentially a sheriff or a professional process server, in court.

(a) Service by Delivery or Mail. If service is made under Rule 2-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.

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

Rule 2-124 - Process-Persons to be Served (a) Statutes Not Abrogated. The provisions of this Rule do not abrogate any statute permitting or requiring service on a person.

Rule 2-126. 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.

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Maryland Return of Service