Maryland State Court Summons or Service of Process

State:
Multi-State
Control #:
US-03186BG
Format:
Word; 
Rich Text
Instant download

Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

There are three ways to serve someone: by certified mail, sheriff, and private process. Select how you wish to have the Defendant served by checking the box on your Complaint form.

You may file a written request to postpone your court date. However, the magistrate or judge must first grant your request before you're excused from appearing. To request a postponement you can either write and file a letter with the Clerk's Office or file a motion.

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.

Use this form to certify to the court that documents were mailed or hand delivered to a party in a case.

Law enforcement will either serve the summons on the accused person, or arrest him or her. Trial - You may be required to appear as a witness. If you don't appear on the date set by the court, the police can arrest you for failing to obey a court order.

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. The Court has a standard summons form.

Failure to Appear in Response to Citation The penalty for failure to appear is a misdemeanor offense, and under Section 5-212(c), is punishable by 90 days incarceration and a fine not to exceed $500.00 making it important that a Maryland failure to appear attorney is consulted.

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.

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Maryland State Court Summons or Service of Process