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Rule 2-121 – Process-Service-in Personam

May 13, 2021 | Civil Prodcedure, Maryland

(a) Generally. Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual’s dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: “Restricted Delivery–show to whom, date, address of delivery. Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice.
(b) Evasion of Service. When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant’s last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant.
(c) By Order of Court. When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice.
(d) Methods Not Exclusive. The methods of service provided in this Rule are in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant.

Md. R. Civ. P. Cir. Ct. 2-121

This Rule is derived as follows:

Section (a) is derived from former Rules 104 b 1 and 2, 105 a, and 107 a 1, 2 and 4 and from the 1993 version of Fed. R. Civ. P. 4(e)(2).

Section (b) is derived from former Rules 104 h 1 and 107 a 3.

Section (c) is new.

Section (d) is derived from former Rules 104 i and 107 c.

Adopted April 6, 1984, eff. July 1, 1984. Amended eff. Oct. 5, 1999; Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

1999 Orders

The October 5, 1999, order, in section (a), inserted “, when authorized by the law of this state, following “made within this state or and inserted item (2), relating to individual persons being served by leaving summons and other papers at the individual’s residence with a resident of suitable age and discretion; and amended the source note.

2003 Orders

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