RULE 3-126. PROCESS--RETURN
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 3-126
RULE 3-126. PROCESS--RETURN
(1) If service is by delivery, the proof shall set forth the name of the person served, the date, and the particular place and manner of service. If service is made under Rule 3-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.
(2) If service is made by an individual other than a sheriff or clerk, the individual shall file proof under affidavit that includes the name, address, and telephone number of the affiant and a statement that the affiant is of the age of 18 or over. If service by certified mail is made by a person other than the clerk, the proof shall include the original return receipt.
(b) Service by Publication or Posting. Promptly and in any event within the time during which the person notified must respond, an individual making service of process pursuant to Rule 2-122 shall file with the court (1) the name, address, and telephone number of the individual making service, (2) proof of compliance with the Rule, and (3) a copy of the publication or posting notice. The certificate of the publisher constitutes proof of publication.
Committee note: Rule 1-202 defines “process” as “any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ.”
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 104 b 2 and h 3 (a), 107 a 2 and 116 c 1 and 2.
Section (b) is derived from former Rule 105 b 1 (a) and b 2.
Section (c) is new.
Section (d) is derived from former M.D.R. 103 d 2.
Section (e) is new.
Section (f) is derived from former M.D.R. 104 a (ii) and 622 h 2.
Section (g) is derived from the 1980 version of Fed.R.Civ.P. 4 (g) and former M.D.R. 104 h 3 (c) and 116 c 3.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 8, 2005, eff. Jan. 1, 2006; May 8, 2007, eff. July 1, 2007.]
MD Rules, Rule 3-126, MD R RCP DIST CT Rule 3-126
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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