RULE 3-307. NOTICE OF INTENTION TO DEFEND
West's Annotated Code of MarylandMaryland Rules
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.
(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.]
MD Rules, Rule 3-307, MD R RCP DIST CT Rule 3-307
Current with amendments received through September 1, 2024. Some sections may be more current, see credits for details.
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