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RULE 12-808. PROCESS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 12. Property Actions
Chapter 800. Action to Quiet Title
MD Rules, Rule 12-808
RULE 12-808. PROCESS
(a) Service on Defendants Named in Complaint. Upon the filing of the complaint, the clerk shall issue a summons as in any other civil action. The summons, complaint, and exhibits shall be served in accordance with Rule 2-121 on each defendant required by the plaintiff to be named pursuant to Rule 12-804 (d).
(b) Service by Publication.
(1) Generally. If, on affidavit of the plaintiff, it appears to the satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of the persons named as unknown defendants and persons joined as testate or intestate successors of a person known or believed to be dead, the court shall order service by publication in accordance with Rule 2-122 of the Maryland Rules and the provisions of this Chapter.
(2) Exception. Subsection (b)(1) of this Rule does not authorize service by publication on any person named as an unknown defendant who is in open and actual possession of the property.
(3) Content and Posting of Order of Publication. If the court orders service by publication, the plaintiff shall:
(A) use the legal description of the property and its street address, or other common description, if any;
(B) not later than 10 days after the date the order is issued, post a copy of the summons and complaint in a conspicuous place on the property that is the subject of the action; and
(C) file proof that the summons has been served, posted, and published as required in the order.
Cross reference: See Code, Real Property Article, §§ 14-608, 14-615, and 14-616.
Source: This Rule is new.

Credits

[Adopted Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 12-808, MD R PROP ACT Rule 12-808
Current with amendments received through August 1, 2020.
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