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RULE 2-124. PROCESS--PERSONS TO BE SERVED

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 2. Civil Procedure--Circuit Court
Chapter 100. Commencement of Action and Process
MD Rules, Rule 2-124
RULE 2-124. PROCESS--PERSONS TO BE SERVED
(a) Statutes Not Abrogated. The provisions of this Rule do not abrogate any statute permitting or requiring service on a person.
Committee note: Examples of statutes permitting or requiring service on a person include the Maryland Tort Claims Act,1 Code, State Government Article, § 12-108 (a) (service of a complaint is sufficient only when made upon the Treasurer of the State); Code, Insurance Article, § 4-107 (service on certain insurance companies is effected by serving the Insurance Commissioner); Code, Business Regulation Article, § 4-402 (service on a non-resident “athlete agent” is effected by serving the Secretary of Labor, Licensing, and Regulation); Code, Business Regulation Article, § 6-202 (service on certain nonresident charitable organizations is effected by serving the Secretary of State); and Code, Courts Article, § 3-405 (notice to the Attorney General is required immediately after a declaratory judgment action is filed alleging that a statute, municipal or county ordinance, or franchise is unconstitutional).
(b) Individual. Service is made upon an individual by serving the individual or an agent authorized by appointment or by law to receive service of process for the individual.
(c) Individual Under Disability. Service is made upon an individual under disability by serving the individual and, in addition, by serving the parent, guardian, or other person having care or custody of the person or estate of the individual under disability.
(d) Corporation. Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process.
(e) General Partnership. Service made upon a general partnership sued in its group name in an action pursuant to Code, Courts Article, § 6-406 by serving any general partner.
(f) Limited Partnership. Service is made upon a limited partnership by serving its resident agent. If the limited partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any general partner or other person expressly or impliedly authorized to receive service of process.
(g) Limited Liability Partnership. Service is made upon a limited liability partnership by serving its resident agent. If the limited liability partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any other person expressly or impliedly authorized to receive service of process.
(h) Limited Liability Company. Service is made upon a limited liability company by serving its resident agent. If the limited liability company has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any member or other person expressly or impliedly authorized to receive service of process.
(i) Unincorporated Association. Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, § 6-406 by serving any officer or member of its governing board. If there are no officers or if the association has no governing board, service may be made upon any member of the association.
(j) State of Maryland. Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served.
(k) Officer or Agency of the State of Maryland. Service is made on an officer or agency of the State of Maryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Court of Appeals. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the Attorney General, the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency.
Committee note: This section does not purport to create a tort duty by directing the Attorney General to forward process and papers. See Erie Ins. Co. v. Chops, 322 Md. 79 (1991). Nor does this section obviate the need for personal service in accordance with section (b) of this Rule on an officer sued in the officer's individual capacity.
Cross reference: See Code, State Government Article, § 6-109, which requires that a State agency not represented by the Attorney General file with the State Department of Assessments and Taxation a designation of its resident agent.
(l) Local Entity. Service is made on a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of the State by serving the resident agent designated by the local entity. If the local entity has no resident agent or if a good faith effort to serve the resident agent has failed, service may be made by serving the chief executive or presiding officer or, if none, by serving any member of the governing body.
Cross reference: See Code, Article 24, § 1-110 concerning a local entity's designation of a resident agent by filing with the State Department of Assessments and Taxation.
(m) United States. Service is made upon the United States by serving the United States Attorney for the District of Maryland or an individual designated by the United States Attorney in a writing filed with the clerk of the court and by serving the Attorney General of the United States at Washington, District of Columbia. In any action attacking the validity of an order of an officer or agency of the United States not made a party, the officer or agency shall also be served.
(n) Officer or Agency of the United States. Service is made upon an officer or agency of the United States, including a government corporation, by serving the United States and by serving the officer or agency.
(o) Substituted Service Upon State Department of Assessments and Taxation. Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed.
Committee note: If a person served pursuant to this Rule is a plaintiff as well as a person upon whom service on a defendant entity is authorized by the Rule, the validity of service on the plaintiff to give notice to the defendant entity is subject to appropriate due process constraints.
Source: This Rule is derived as follows:
Section (a) is new and replaces former Rules 105 c and 106 f.
Section (b) is derived from former Rule 104 b 1 (i) and (ii).
Section (c) is derived from former Rule 119.
Section (d) is derived from former Rule 106 b.
Section (e) is new.
Section (f) is new.
Section (g) is new.
Section (h) is new.
Section (i) is new.
Section (j) is new.
Section (k) is new.
Section (l) is new.
Section (m) is derived from former Rule 108 a.
Section (n) derived from former Rule 108 b.
Section (o) is new, but is derived in part from former section (c) and former Rule 106 e 1 and 2.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 19, 1987, eff. July 1, 1988; June 7, 1994, eff. Oct. 1, 1994; Jan. 10, 1995, eff. Feb. 1, 1995; April 9, 2002, eff. July 1, 2002; Nov. 12, 2003, eff. Jan. 1, 2004.]

Editors' Notes

HISTORICAL NOTES
2002 Orders
The April 9, 2002, order redesignated former section (n) as section (a); added the committee note following section (a); redesignated former sections (a) through (j) as sections (b) through (k), respectively; in section (j), in the first sentence, substituted “Clerk of the Court of Appeals” for “Chief Clerk of the court and by serving the Secretary of State”; rewrote section (k), formerly section (j), which previously read: “Service is made upon an officer or agency of the State of Maryland, including a government corporation, by serving the officer or agency.”; inserted the committee note following section (k); amended the cross reference following section (k); inserted a new section (l); inserted the cross reference following section (l); redesignated former sections (k) to (m) as sections (m) to (o), respectively; and amended the source note.
2003 Orders
The November 12, 2003, order amended the committee note following section (a).

Footnotes

State Government, § 12-101 et seq.
MD Rules, Rule 2-124, MD R RCP CIR CT Rule 2-124
Current with amendments received through November 15, 2019.
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