The Maryland Summons (AO 440) is a court form used in the state of Maryland to formally notify a defendant of a civil court case. This Summons is issued by the court clerk and is typically served by the Sheriff's Office, a private process server, or a constable. There are three types of Maryland Summons (AO 440): the Original Summons, the Amended Summons, and the Notice of Service Summons. The Original Summons is given to the defendant to inform them of the legal action being taken against them. The Amended Summons is used when the plaintiff or defendant has made changes to the original Summons. Finally, the Notice of Service Summons is used to document that the Original Summons was properly served.
Maryland Summons (AO 440)
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Summons (AO 440)
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The 2-341 rule in Maryland relates to the service of process and stipulates that the defendant must be served within 60 days after the complaint is filed. This rule is designed to ensure that defendants are promptly informed of legal actions against them. Knowing the 2-341 rule is important when managing a Maryland Summons (AO 440). For more details on this process, you can find helpful information on USLegalForms.
It is not an order, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you.
Failure to Serve Summons If the summons is not properly served, the court may issue a new summons or, in some cases, issue a warrant for the individual's arrest. If a warrant is issued and a person is arrested, they will have a bail review before a commissioner and a Maryland Judge if they are held.
The Notice of Intention to Defend includes space for you to explain why you should not be required to pay the money the plaintiff claims you owe. You should be prepared to defend this (and other reasons) in court during the trial. Make sure you bring your exhibits and evidence.
If you are not served legally, you can request that the court dismiss the case for improper service. File your request as soon as possible before the trial date on the DC-002, Motion. If the judge grants your request and postpones the trial, the plaintiff will have to serve you with a new summons.
In order to let the opposing party, or defendant, know you are filing a civil action, you must serve the opposing party with a copy of your complaint. This service is accomplished by issuing a summons through the Clerk's Office.
You could also choose to ignore the summons. However, if you fail to respond within 15 days of receiving the summons, you may lose the case automatically (called a default judgment). Read more about Default Orders & Judgments in Maryland.
West's Annotated Code of MarylandMaryland Rules 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. Source: This Rule is new and replaces former Rule 112.
File a Notice of Intention to Defend: You must file this within 15 days of receiving the summons. The Notice is on the bottom half of the summons. Once you have responded, the Court will send the plaintiff a copy of this notice. File a Counterclaim, Cross-claim, or a Third-Party Complaint.