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Rule 2-321 – Time for Filing Answer

May 13, 2021 | Civil Prodcedure, Maryland

(a) General Rule. A party shall file an answer to an original complaint, counterclaim, cross-claim, or third-party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule.
(b) Exceptions.

(1) A defendant who is served with an original pleading outside of the State but within the United States shall file an answer within 60 days after being served.
(2) A defendant who is served with an original pleading by publication or posting, pursuant to Rule 2-122, shall file an answer within the time specified in the notice.
(3) A person who is required by statute of this State to have a resident agent and who is served with an original pleading by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process shall file an answer within 60 days after being served.
(4) The United States or an officer or agency of the United States served with an original pleading pursuant to Rule 2-124(m) or (n) shall file an answer within 60 days after being served.
(5) A defendant who is served with an original pleading outside of the United States shall file an answer within 90 days after being served.
(6) If rules for special proceedings, or statutes of this State or of the United States, provide for a different time to answer, the answer shall be filed as provided by those rules or statutes.
(c) Automatic Extension. When a motion is filed pursuant to Rule 2-322 or when a matter is remanded from an appellate court or a federal court, the time for filing an answer is extended without special order to 15 days after entry of the court’s order on the motion or remand or, if the court grants a motion for a more definite statement, to 15 days after the service of the more definite statement.

Md. R. Civ. P. Cir. Ct. 2-321

Adopted April 6, 1984, eff. July 1, 1984. Amended Jan. 10, 1995, eff. Feb. 1, 1995; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order, in subsec. (b)(3), substituted “A person who is required for “A person required and “a resident agent and who is served for “a resident agent that is served, in subsec. (b)(4), substituted “Rule 2-124(m) or (n) for “Rule 2-124(f); and amended the source note.

2015 Orders

The December 7, 2015, order, added language referring to matters that have been remanded from certain courts.