Home Table of Contents

RULE 3-307. NOTICE OF INTENTION TO DEFEND

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 3. Civil Procedure--District Court
Chapter 300. Pleadings and Motions
MD Rules, Rule 3-307
RULE 3-307. NOTICE OF INTENTION TO DEFEND
(a) To Be Filed With Court--When Service Not Required. The defendant, including a counter-defendant, cross-defendant, and third-party defendant, shall file with the court a notice of intention to defend which may include any explanation or ground of defense. When the defendant is represented by an attorney, the notice shall be served in accordance with Rule 1-321. A defendant not represented by an attorney need not serve the notice on any party.
(b) Time for Filing.
(1) Generally. Except as provided by subsection (b)(2) of this Rule, the notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim.
(2) Exceptions. A defendant shall file the notice within 60 days after being served if the defendant is:
(A) served outside of the State;
(B) a person who is required by statute of this State to have a resident agent and who is served by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process; or
(C) the United States or an officer or agency of the United States served pursuant to Rule 3-124 (m) or (n).
(c) Identity of Attorney. If the defendant is represented by an attorney, the notice shall contain the attorney's name, office address and telephone number.
(d) Notice to Parties. When the defendant files a notice pursuant to this Rule, the clerk promptly shall mail notice of the filing to other parties.
(e) Effect of Failure to File Notice. If a defendant fails to file a timely notice of intention to defend pursuant to this Rule, the court, on the date set for trial, may determine liability and assess damages based on ex parte proof by the plaintiff, unless the defendant appears and the court is satisfied that the defendant may have a defense to the claim. In that event, the court shall proceed with trial or, upon request of the plaintiff, may grant a continuance for a time sufficient to allow the plaintiff to prepare for trial on the merits.
Source: This Rule is derived in part from former M.D.R. 302 and is in part new.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 20, 1984, eff. Jan. 1, 1985; Nov. 12, 2003, eff. Jan. 1, 2004.]

Editors' Notes

HISTORICAL NOTES
2003 Orders
The November 12, 2003, order rewrote sections (a) and (b); and amended the source note. Prior to amendment, sections (a) and (b) read:
“(a) To Be Filed With Court--Service Not Required. The defendant, including a counter-defendant, cross-defendant, and third-party defendant, shall file with the court a notice of intention to defend which may include any explanation or ground of defense. The defendant need not serve the notice on any party.
“(b) Time for Filing. The notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim, except if service is made outside this State or upon a statutory agent for a defendant, the notice shall be filed within 60 days after service.”
MD Rules, Rule 3-307, MD R RCP DIST CT Rule 3-307
Current with amendments received through August 1, 2019.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.