Topics on this page
- What is Service of Process
- How Do I Serve a Complaint or Petition?
- What if I am reopening a case?
- What are the Methods of Service?
- What is Service by Sheriff?
- What is Service by Private Process?
- What is Service by Certified Mail?
- How Do I Serve an Answer?
- What if the Person I am Serving is in Jail?
- What Happens if Service is Not Made?
- Service by Posting or Publication
- What Happens After the Document is Served?
- What Happens in Court?
What is Service of Process?
In a lawsuit there are two opposing sides, the plaintiff and the defendant. The plaintiff is the person who files the lawsuit. The defendant is who the plaintiff is suing. When the plaintiff files a lawsuit, they must “serve” the defendant with copies of what was filed to start the suit (for example, a complaint). "Service of Process" refers to the way the plaintiff ensures the defendant receives the initial court papers and notice about the case. If you are the plaintiff starting a case, your case cannot go forward until the other side is served.
It is very important that you serve the defendant properly. If you do not, the court may dismiss your case.
Read the rule for Circuit Court: Md. Rule 2-101
Read the rule for District Court: Md. Rule 3-101
Read the law: Md. Code, Courts and Judicial Proceedings § 6-301
NOTE: Throughout the rest of the case, you will also be required to make sure that all other parties are "served" with copies of almost any document you file in the case. For more information about ongoing service requirements, see Service and Certificates of Service.
Service of Process in the Circuit Court from the Maryland Courts
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Service of Process in the District Court from the Maryland Courts
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How Do I Serve a Complaint or Petition?
Within 5 to 10 days of filing your Complaint or Petition, the court will issue a Writ of Summons. A Writ of Summons is a court document that notifies a defendant that a lawsuit has been filed against them. The Clerk of the Court will send the Writ of Summons to the mailing address listed for the plaintiff. If plaintiff e-filed their case, the Summons will be available on File and Serve and plaintiff will be notified by email when it is ready.
When serving the defendant, plaintiff must provide copies of the all documents that were filed with the court. These may include the complaint, case information report, financial statement, any exhibits, etc. These papers must be served on the other side.
Read the rules for Circuit Court: Md. Rules 2-112, 2-113, 2-121
Read the rules for District Court: Md. Rules 3-112, 3-113, 3-121
In District Court, there is another convenient option. If your case is one where service can be made by certified mail, you can pay the clerk's office a fee to do that mailing for you. See below for more information about service by certified mail.
What if I am reopening a case?
Sometimes, a closed case needs to be reopened. When a party wants to modify an existing court order after a case has been closed, they must serve the motion to modify just as they would serve an initial complaint. This ensures that the other side is properly notified of the new proceedings.
What are the Methods of Service?
Service can be made in one of the following ways:
- By Sheriff or constable
- By Private process,
- By Certified mail
YOU CANNOT SERVE THE OTHER SIDE YOURSELF. Whichever method you choose, you must also provide the court with proof that the other side was served. A person can be served at home, at work, or anywhere else the person happens to be.
Read the rule: Md. Rule 1-321
Read the rule for Circuit Court: Md. Rule 2-123
Read the rule for District Court: Md. Rule 3-123
Service of Process: How to Serve a Business from the Maryland Courts
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What is Service by Sheriff?
One responsibility of the county sheriffs and constables is serving defendants in civil suits. The fee for this service is usually about $40-$60 per defendant. Service fees are located on the Maryland Judiciary Website. District Court fees are the same throughout the state, but Circuit Court fees can vary. If you decide to pay for this service, when you file your complaint you can ask the Clerk of Court how much the service costs . It is your responsibility to find out whether the person has been served. The sheriff will send the clerk a "return of service" to prove the sheriff served the papers. You may have to call the Clerk several times before the other party gets served.
Read the law: Md. Code, Courts and Judicial Proceedings § 7-402
What is Service by Private Process?
There are two ways to serve someone by private process:
- by a private process serving company for a fee or
- by an adult over the age of 18 who is not a party to the suit.
You CANNOT serve the papers yourself.
Private Process Serving Companies:
This method is generally fast and is especially helpful if the other side is hard to locate. Give the process server the papers to be served. If you are representing yourself in a case of divorce, custody, visitation, child support, alimony, name changes or contempt, you need to give the process server an Affidavit of Service form. Ask the process server to file the completed Affidavit of Service with the court.
If the process server does not file the Affidavit, ask them to return it to you so that you can file it. File the completed Affidavit with a copy of the Writ of Summons attached. For each return of service, you MUST provide the Court with the following:
- Printed Name of Private Process Server
- Mailing Address of Private Process Server
- Telephone Number of Private Process Server
NOTE: If the Private Process Server name is unreadable, service will be considered unacceptable.
Private Process Using an Adult Over the Age of 18:
This is an inexpensive way to serve someone. THE PRIVATE PROCESS SERVER CANNOT BE YOU. The adult serving the papers must give the papers directly to the other side. The adult serving the papers may NOT leave the package on the other side’s doorstep. However, they can give it to someone else who lives at the same residence as the opposing party if the person they leave it with is "of suitable age and discretion." While the courts have not explained exactly what "suitable age and discretion" means, the person should not be a minor and should be able to understand that the papers need to be given to the defendant. It is better to serve someone who is close to the opposing party rather than someone who is not, even if they live at the same residence.
When serving the opposing party directly, the service package need not be placed directly in the other side’s hands. They just need to be given notice that they are being served and given the documents. With this method, the server can even leave the documents at their feet, and it is still proper service. The person who served the other party must complete an Affidavit of Service (Private Process, CCDR 55 for cases of divorce, custody, visitation, child support, alimony, name changes or contempt). You must file the Affidavit of Service along with a copy of the Writ of Summons with the Clerk of Court to prove the other side was served.
Read the rule for Circuit Court: Md. Rule 2-121
Read the rule for District Court: Md. Rule 3-121
What is Service by Certified Mail?
Service by Certified Mail is exactly as the name says, a party serves the other site by sending copies of the documents via Certified Mail. This is a good method of service if the other side lives far from you.
The adult serving the papers (remember, this cannot be you) should take the papers to the Post Office and follow the instructions for mailing by certified mail, restricted delivery, return receipt requested. The other side must accept the papers and personally sign the Certified Mail receipt (green card).
The adult who is providing service must fill out an Affidavit indicating that they mailed the papers and the other party received them.
NOTE: The judiciary has a form for self-represented litigants in domestic relations cases (CCDR 56)
Once the other side receives the papers, the receipt (green card) will be returned to you with the other side's signature. Attach the receipt (green card) and a copy of the Writ of Summons to the completed Affidavit, and file the Affidavit with the Clerk of Court as proof that the other side received the papers.
Potential problems with this type of service:
- Hostile opposing parties will not want to, and may refuse to, sign for the letters or will simply not go to the post office to pick them up. In these cases, other service methods such as by sheriff or by private service would be preferable.
- If the receipt (green card) is returned with the wrong signature or if the entire envelope comes back undelivered, you will have to make another attempt at service or see an attorney. Make sure to keep notes and records for all your attempts to serve the party, whether these attempts are successful or not.
If you have problems serving a party by certified mail you can contact the sheriff of the county where the party lives. You should explain to the sheriff that you have been unsuccessful at serving the party by mail and request their help. Ask the sheriff what the cost is for this service and if there are any other requirements. A blank certificate of service and or certificate of evasion of service may have to be mailed to the sheriff.
How Do I Serve an Answer?
You must mail a copy of the Answer and copies of everything you are filing to the other side. Fill in the Certificate of Service at the bottom of the Answer to inform the court of when and how you served the other side. Do not forget to file your answer with the Clerk of Court.
If you are serving a counterclaim with your answer, you may serve the counterclaim (including all other domestic relations forms you have attached to the counterclaim) by mailing copies of everything to the other side. Fill in the Certificate of Service at the bottom of the counterclaim and do not forget to file the counterclaim and all the forms attached to the counterclaim with the Clerk of Court.
Learn more about Service and Certificates of Service.
Read the rule for Circuit Court: Md. Rules 2-321, 2-323
Read the rule for District Court: Md. Rule 3-307
What if the Person I am Serving is in Jail?
If the person you are serving is currently incarcerated, you must obtain their inmate number. You can obtain this by calling the jail with the inmate’s social security number. You will need to have the person’s inmate number on all necessary documents.
NOTE: You should not serve an inmate by certified mail. The inmate will not be able to sign for the package and the court may find that the service was not valid.
You should serve an inmate by a sheriff or private process server. If you do not have the money to pay for this type of service you may want to have someone you know over the age of 18 serve the papers. If someone you know is planning on serving the inmate they must:
- Call the prison to find out when visiting hours are
- Go to the prison during visiting hours
- When the sheriff brings the server to meet with the prisoner the server must slide the papers to the prisoner and inform them that they have been served
- After the server has served the inmate, the server must complete an Affidavit of Service of Process
You must then file the Affidavit of Service with the court.
What Happens if Service is Not Made?
You may have made several attempts to serve the other side using different methods. A Writ of Summons issued by the Circuit Court is only good for 60 days, so you must serve the other party within those 60 days. If you are unable to complete service within 60 days, you will have to ask the Clerk of Court to issue a new Writ of Summons. You should submit your request for a new summons in writing. A Writ of Summons issued by the District Court is only good for 30 days.
Read the rule for Circuit Court: Md. Rule 2-113
Read the rule for District Court: Md. Rule 3-113
If after several attempts to serve the other side you still are not successful, you may have to consider serving the other side through alternative methods, such as Posting or Publication.
Service by Posting or Publication
This method is only done when the person who has filed the documents has shown by affidavit that the whereabouts of the opposing party are unknown. Additionally, the person attempting service must show that reasonable efforts have been made in good faith to locate the opposing party. If those criteria have been met, the court may order service by mailing a notice to the opposing party's last known address and by posting the notice by the sheriff at the courthouse door or on a bulletin board within its immediate vicinity. The court may also order the notice to be published at least once a week for three weeks in one or more newspapers circulated in the county where the action is pending.
There is a court form available to request alternate service in Circuit Court cases (CC-DR-070).
Read the rule for Circuit Court: Md. Rule 2-122
What Happens After the Document is Served?
After a document is served, the person served is provided with time to respond. The amount of time the person has to respond is based on where the person is served:
- Individual is served in Maryland: 30 days to answer
- Individual is served out of state: 60 days to answer, and
- Individual is served outside the United States: 90 days to answer.
Read the rule for Circuit Court: Md. Rule 2-321, 2-323
Read the rule for District Court: Md. Rule 3-307
What Happens in Court?
On the day your case is scheduled, make sure you are there early. You may need to check in with the court personnel in the courtroom prior to your hearing. If you are not there when your case is called, your case could be dismissed or the court could rule in favor of the other side. If you have to miss your court date because of an emergency, contact the court BEFORE your hearing is scheduled.
During the hearing you will be able to tell your story. You may also be able to provide the court documents or other evidence to support your story, such as pay stubs or pictures. On the date of your hearing, have your documents and other evidence with you, in order, and have extra copies (3 copies of each document is usually a safe number).
The other side and his or her witnesses will also have a chance to tell his or her story and can present the same kinds of evidence. You will have a chance to cross-examine the other side and his or her witnesses.
You can find more details here on how to prepare for your day in court.