Maryland Motion for Alternate Service DR 70 — Instructions is the set of rules and regulations for filing a motion in the state of Maryland seeking to have a Summons and Complaint served on a defendant differently than is normally allowed. This type of motion typically pertains to civil cases, such as those concerning contracts, debts, or other civil disputes. The different types of Maryland Motion for Alternate Service DR 70 — Instructions include: Service by Mail, Service by Publication, Service by Posting, Service by Substituted Service, and Service by Nail and Mail. Each type of service requires specific language in the Motion, which must be drafted in accordance with the applicable rules of civil procedure. The Maryland Motion for Alternate Service DR 70 — Instructions also provide guidance on the court filing process and the methods of service that may be used.
Maryland Motion for Alternate Service DR 70 - Instructions
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FAQ
(1) File a motion in the District Court where the case was (Use form DC-002) You can file this motion in writing within ten (10) days after the date of the judgment. You must state in writing all of the reasons that you believe that the District Court judge made the wrong decision.
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
(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.
If you think the defendant will try to avoid service, consider another method of service at the start. The second way to serve someone is to pay an extra fee to the court for the local sheriff's office or constable to serve the defendant in person.
There are three ways to serve someone: by certified mail, sheriff, and private process. The Clerk will mail you two copies of the summons. One copy is for serving on the defendant.
(b) Response. Except as otherwise provided in this section, a party against whom a motion is directed shall file any response within 15 days after being served with the motion, or within the time allowed for a party's original pleading pursuant to Rule 2-321(a), whichever is later.
After being served with a motion, you must file your response with the court within the set time limit, usually 15 days. If the other party served you with a motion by mail, the court will allow you 3 extra days to file your response.
Private Process The court will mail a summons to you. The summons must then be hand delivered to the defendant. The process server may also hand deliver the summons to an adult at the defendant's home who also lives there.