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Rule 2-122 – Process-Service-in Rem or Quasi in Rem

May 13, 2021 | Civil Prodcedure, Maryland

(a) Service by Posting or Publication. In an in rem or quasi in rem action when the plaintiff has shown by affidavit that the whereabouts of the defendant are unknown and that reasonable efforts have been made in good faith to locate the defendant, the court may order service by the mailing of a notice to the defendant’s last known address and:

(1) by the posting of the notice by the sheriff at the courthouse door or on a bulletin board within its immediate vicinity, or
(2) by publishing the notice at least once a week in each of three successive weeks in one or more newspapers of general circulation published in the county in which the action is pending, or
(3) in an action in which the rights relating to land including leasehold interests are involved, by the posting of the notice by a person authorized to serve process in accordance with Rule 2-123(a) in a conspicuous place on the land.

Additionally, the court may order any other means of notice that it deems appropriate in the circumstances.

(b) Time. The mailing and the posting or publication shall be accomplished at least 30 days before the date by which a response to the complaint is to be filed.
(c) Content of Notice. The notice shall be signed by the clerk and shall include the caption of the case; describe the substance of the complaint and the relief sought; inform the defendant of the latest date by which the response is to be filed; warn the defendant that failure to file the response within the time allowed may result in a judgment by default or the granting of the relief sought; and contain any other information required by the court.

Md. R. Civ. P. Cir. Ct. 2-122

This Rule is derived as follows:

Section (a) is derived from former Rules 105 b and 111 a.

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

Section (c) is new and replaces former Rule 105 b 1 (a).

Adopted April 6, 1984, eff. July 1, 1984. Amended July 22, 2008, eff. July 23, 2008.

HISTORICAL NOTES

2008 Orders

The July 22, 2008, order, in subsec. (a)(3), substituted “a person authorized to serve process in accordance with Rule 2-123(a) for “the sheriff.