Md. R. Civ. P. Dist. Ct. 3-126

As amended through November 13, 2024

Rule 3-126 - Process-Return

(a) Service by Delivery or Mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process.

(1) If service is by delivery, the proof shall set forth the name of the person served, the date, and the particular place and manner of service. If service is made under Rule 3-121(a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.

(2) If service is made by an individual other than a sheriff or clerk, the individual shall file proof under affidavit that includes the name, address, and telephone number of the affiant and a statement that the affiant is of the age of 18 or over. If service by certified mail is made by a person other than the clerk, the proof shall include the original return receipt.

(3) If service by certified mail is made by the clerk, the receipt returned through the Post Office shall be promptly filed by the clerk as proof of service.

(b) Service by Publication or Posting. Promptly and in any event within the time during which the person notified must respond, an individual making service of process pursuant to Rule 2-122 shall file with the court (1) the name, address, and telephone number of the individual making service, (2) proof of compliance with the Rule, and (3) a copy of the publication or posting notice. The certificate of the publisher constitutes proof of publication.

(c) Other Process. When process requires for its execution a method other than or in addition to delivery or mailing, or publication or posting pursuant to Rule 2-122, the return shall be filed in the manner prescribed by rule or law promptly after execution of the process.

(d) Service Not Made. An individual unable to make service of process in accordance with these rules shall file a return as soon thereafter as practicable and in no event later than ten days following the termination of the validity of the process.

(e) Return to Include Process. A return shall include a copy of the process if served or the original process if not served.

Committee note: Rule 1-202 defines process as any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ.

(f) Place of Return. In every instance the return shall be filed with the court issuing process. In addition, when a writ of attachment, a writ of execution, or any other writ against property is executed in another county, a return shall be filed with the court of that county.

(g) Effect of Failure to Make Proof of Service. Failure to make proof of service does not affect the validity of the service.

Md. R. Civ. P. Dist. Ct. 3-126

This Rule is derived as follows:

Section (a) is derived from former M.D.R. 104 b 2 and h 3 (a), 107 a 2 and 116 c 1 and 2.

Section (b) is derived from former Rule 105 b 1 (a) and b 2.

Section (c) is new.

Section (d) is derived from former M.D.R. 103 d 2.

Section (e) is new.

Section (f) is derived from former M.D.R. 104 a (ii) and 622 h 2.

Section (g) is derived from the 1980 version of Fed.R.Civ.P. 4(g) and former M.D.R. 104 h 3 (c) and 116 c 3.

Adopted April 6, 1984, eff. 7/1/1984. Amended Nov. 12, 2003, eff. 1/1/2004; 11/8/2005, eff. 1/1/2006; 5/8/2007, eff. 7/1/2007.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2005 Orders

The November 8, 2005, order rewrote sections (a) and (b), which previously read:

"(a) Service by Delivery or Mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process. If service by certified mail is made by the clerk, the receipt returned through the Post Office shall be promptly filed by the clerk as proof of service. The proof shall set out the name of the person served, the date, and the particular place and manner of service. If service is made by an individual other than a sheriff or clerk, the individual shall file proof under affidavit which shall also state that affiant is of the age of 18 or over, and if service is by certified mail, the proof shall include the original return receipt.

"(b) Service by Publication or Posting. An individual making service of process pursuant to Rule 2-122 shall file with the court proof of compliance with the Rule together with a copy of the publication or posting notice promptly and in any event within the time during which the person notified must respond. The certificate of the publisher constitutes proof of publication.

2007 Orders

The May 8, 2007, order made a stylistic change to section (e) and added the committee note following section (e).