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Rule 2-101 – Commencement of Action

May 13, 2021 | Civil Prodcedure, Maryland

(a) Generally. A civil action is commenced by filing a complaint with a court.
(b) After Certain Dismissals by a United States District Court or a Court of Another State. Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State.

Cross reference: Code, Courts Article, ยง 5-115.

(c) After Dismissal by the District Court of Maryland for Lack of Subject Matter Jurisdiction. If an action is filed in the District Court of Maryland within the period of limitations prescribed by Maryland law and the District Court dismisses the action for lack of subject matter jurisdiction, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in the circuit court.

Md. R. Civ. P. Cir. Ct. 2-101

This Rule is derived as follows:

Section (a) is derived from the 1937 version of Fed. R. Civ. P. 3 and former Rules 140 a and 170 a.

Section (b) is new.

Section (c) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended May 14, 1992, eff. July 1, 1992; Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order rewrote section (b); amended the cross reference following section (b); added section (c), relating to dismissals by the District Court of Maryland for lack of subject matter jurisdiction; and amended the source note. Prior to amendment, section (b) read:

“(b) After Certain Dismissals. Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and the foreign court enters an order of dismissal for lack of jurisdiction, because the court declines to exercise jurisdiction, or because the action is barred by the statute of limitations required to be applied by that court, an action filed in this State within 30 days after the foreign court’s order of dismissal shall be treated as timely filed in this State.