A defendant may object to lack of jurisdiction over the person because of defects in the form or contents of process or in the service of the process by a Motion to Quash or a motion or set aside the process or service of the process. The defense of insufficiency of process or insufficiency of service of process may, at the option of the pleader, be raised either in the responsive pleading or by motion. A motion making these defenses must be made before pleading (e.g., answering the complaint).
This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Keywords: Maryland, motion, defendant, quash service of process, types Description: A motion to quash service of process in the state of Maryland refers to a legal procedure utilized by a defendant to challenge the validity or sufficiency of the service of legal documents, such as a complaint or summons, during a lawsuit. This motion allows the defendant to contest the method or manner in which they were served, asserting that proper legal procedures were not followed or that the service itself was flawed. There are different types of Maryland motions to quash service of process that defendants can pursue based on specific circumstances. Some of these types include: 1. Insufficient service: A defendant may file a motion to quash service of process if they believe that the service was not conducted in accordance with Maryland's legal requirements. This may include instances where the service was not personally delivered, not delivered to the defendant's place of residence or business, or not properly served to an authorized agent or representative of the defendant. 2. Lack of personal jurisdiction: This type of motion is often filed when the defendant argues that the court does not have jurisdiction over them due to improper service. The defendant may claim that they were not properly served within the state of Maryland or that they lack sufficient contacts with the jurisdiction. 3. Improper service procedure: Defendants may file a motion to quash service of process if they believe that the process server failed to adhere to proper service procedures. This includes situations where the process server did not follow the correct timeline, failed to provide proper notice, or did not use the appropriate method of service (e.g., personal delivery, certified mail). 4. Service to an unauthorized individual: In some cases, a defendant may argue that the legal documents were improperly served to an individual who is not authorized to accept service on their behalf. This could involve serving someone without proper authority, serving a minor, or serving a person who does not reside or work at the designated address. 5. Fraud or misrepresentation: If a defendant believes that the service of process was achieved through fraudulent means or misrepresentation, they may file a motion to quash service of process. This typically involves providing evidence that the plaintiff or process server engaged in deceitful tactics to effectuate service. It is important for defendants in Maryland to consult with an experienced attorney who specializes in civil litigation to navigate the specific rules and regulations governing the motion to quash service of process. The attorney will guide the defendant in choosing the appropriate type of motion and provide legal representation to present their arguments effectively in court.
