Maryland Summons Third Party (AO 441)

State:
Maryland
Control #:
MD-SKU-0529
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PDF
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Summons Third Party (AO 441)

Maryland Summons Third Party (AO 441) is a court document issued by the Maryland Judiciary in civil cases, where a party is served with a summons to appear in court. This summons is issued to a third party, who is not directly a part of the lawsuit, but who has some knowledge or information that is important for the case. This summons requires the third party to appear in court and testify or provide evidence concerning the case. There are two types of Maryland Summons Third Party (AO 441): an Order to Appear and a Summons to Appear. The Order to Appear requires the third party to appear in court and testify, while the Summons to Appear requires the third party to provide evidence.

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FAQ

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.

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.

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.

Response by Plaintiff A plaintiff must file a response to a motion to transfer within 15 days after service of the motion (Md. Rule 2-311(b)). If the defendant serves the motion on the plaintiff by mail, the plaintiff has 18 days after service to respond (Md. Rule 1-203(c)).

You will have to ask the Clerk of Court in writing to issue a new Writ of Summons if the other side has not been served within 60 days. A Writ of Summons issued by the District Court is only good for 30 days.

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.

A Writ of Summons is an official legal document, ?summoning? a person to appear in court.

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. The person who served the defendant must complete and file an affidavit of service with the court.

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Maryland Summons Third Party (AO 441)