(a) Action. “Action” means collectively all the steps by which a party seeks to enforce any right in a court or all the steps of a criminal prosecution.

(b) Affidavit. “Affidavit” means a written statement the contents of which are affirmed under the penalties of perjury to be true. Unless the applicable rule expressly requires the affidavit to be made on personal knowledge, the statement may be made to the best of the affiant's knowledge, information, and belief.

(c) Body Attachment. “Body attachment” means a written order issued by a court directing a sheriff or peace officer to take custody of and bring before the court (1) a witness who fails to comply with a subpoena, (2) a material witness in a criminal action, or (3) a party in a civil action who fails to comply with an order of court.

(d) Certified Mail. “Certified mail” means mail deposited with the United States Postal Service, with postage prepaid and return receipt requested.

(e) Circuit. “Circuit” means a judicial circuit as provided in Article IV, § 19 of the Constitution of Maryland.

(f) Clerk. “Clerk” means the clerk or a deputy clerk of a court of this State and refers, as applicable under the circumstances, to the clerk or a deputy clerk of the court (1) to which the title, chapter, or rule applies or (2) in which the particular action or proceeding has been filed or properly could be filed.

(g) Code. “Code,” in a reference to an article and section of the Code, means any Code of the Public General Laws of the State that has been adopted and made evidence of the Public General Laws of the State under Code, Courts Article, § 10-201.

(h) County. “County” includes the City of Baltimore.

(i) Court. “Court” means a court of this State and refers, as applicable under the circumstances, to the court (1) to which the title, chapter, or rule applies or (2) in which the particular action or proceeding has been filed or properly could be filed.

(j) Guardian. “Guardian” means a natural or legal guardian.

(k) Holiday. “Holiday” means an “employee holiday” set forth in Code, State Personnel and Pensions Article, § 9-201.

Committee note: The “employee holidays” listed in Code, State Personnel and Pensions Article are:

(l) Individual. “Individual” means a human being.

(m) Individual Under Disability. “Individual under disability” means an individual under the age of 18 years or an individual incompetent by reason of mental incapacity.

(n) Judge. “Judge” means a judge of a court of this State and refers, as applicable under the circumstances, to a judge of the court (1) to which the title, chapter, or rule applies or (2) in which the particular action or proceeding has been filed or properly could be filed. Subject to those conditions, “judge” includes a justice of the Supreme Court of Maryland.

(o) Judgment. “Judgment” means any order of court final in its nature entered pursuant to these rules.

(p) Levy. “Levy” means an act of a sheriff that brings property under the control of the court so that the property becomes available for the satisfaction of a money judgment.

(q) Money Judgment. “Money judgment” means a judgment determining that a specified amount of money is immediately payable to the judgment creditor. It does not include a judgment mandating the payment of money.

(r) Newspaper of General Circulation. “Newspaper of general circulation” means a newspaper as defined in Code, General Provisions Article, § 1-113.

(s) Original Pleading. “Original pleading” means the first pleading filed in an action against a defendant and includes a third-party complaint.

(t) Paper. “Paper” includes a document filed or that exists in electronic form.

(u) Person. “Person” includes any individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated association, limited liability partnership, limited liability company, the State, its agencies or political subdivisions, any court, or any other governmental entity.

(v) Pleading. “Pleading” means a complaint, a counterclaim, a cross-claim, a third-party complaint, an answer, an answer to a counterclaim, cross-claim, or third-party complaint, a reply to an answer, or a charging document as used in Title 4.

(w) Proceeding. “Proceeding” means any part of an action.

(x) Process. “Process” means 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.

(y) Property. “Property” includes real, personal, mixed, tangible or intangible property of every kind.

(z) Return. “Return” means a report of action taken to serve or effectuate process.

(aa) Senior Judge; Senior Justice. “Senior Judge” means: (1) in Rules 16-103 and 16-601, an incumbent judge with the longest continuous period of incumbency on the court on which the judge serves, and (2) in all other Rules, an individual who (A) once served as a judge on the District Court, a circuit court, or an appellate court of this State, (B) retired from that office voluntarily or by operation of law by reason of age, and (C) has been approved for recall to sit as a judge pursuant to Md. Constitution, Art. IV, § 3A and Code, Courts Article, 1-302. “Senior Justice” means a Senior Judge who has been designated to sit on the Supreme Court of Maryland in a case or other judicial matter pending before that Court.

Cross reference: For a use of the term “senior judge” consistent with the definition in Rule 1-202 (aa)(1), see Md. Constitution, Art. IV, § 18 (b)(5).

(bb) Sheriff. “Sheriff” means the sheriff or a deputy sheriff of the county in which the proceedings are taken, any elisor appointed to perform the duties of the sheriff, and, with respect to the District Court, any court constable.

(cc) Subpoena. “Subpoena” means a written order or writ directed to a person and requiring attendance at a particular time and place to take the action specified therein.

(dd) Summons. “Summons” means a writ notifying the person named in the summons that (1) an action against that person has been commenced in the court from which the summons is issued and (2) in a civil action, failure to answer the complaint may result in entry of judgment against that person and, in a criminal action, failure to attend may result in issuance of a warrant for that person's arrest.

(ee) Warrant; Arrest Warrant; Bench Warrant; Search Warrant. “Warrant” means an arrest warrant, a bench warrant, or a search warrant.

(ff) Writ. “Writ” means a written order issued by a court and addressed to a sheriff or other person whose action the court desires to command to require performance of a specified act or to give authority to have the act done.

Source: This Rule is derived as follows:

Section (a) is derived from former Rule 5 a.

Section (b) is derived from former Rule 5 c.

Section (c) is new.

Section (d) is derived from former Rule 5 aa.

Section (e) is derived from former Rule 5 e.

Section (f) is derived from former Rule 5 f.

Section (g) is derived from former Rule 5 g.

Section (h) is derived from former Rule 5 h.

Section (i) is new.

Section (j) is derived from former Rule 5 m.

Section (k) is new.

Section (l) is new.

Section (m) is derived from former Rule 5 r.

Section (n) is derived from former Rule 5 n.

Section (o) is derived from former Rule 5 o.

Section (p) is new.

Section (q) is new.

Section (r) is new.

Section (s) is derived from the last sentence of former Rule 5 v.

Section (t) is new.

Section (u) is derived from former Rule 5 q.

Section (v) is new and adopts the concept of federal practice set forth in the 1963 version of Fed. R. Civ. P. 7 (a).

Section (w) is derived from former Rule 5 w.

Section (x) is derived from former Rule 5 y.

Section (y) is derived from former Rule 5 z.

Section (z) is new.

Section (aa) is new.

Section (bb) is derived from former Rule 5 cc.

Section (cc) is derived from former Rule 5 ee.

Section (dd) is new.

Section (ee) is derived in part from former Rule 702 h and M.D.R. 702 m and is in part new.

Section (ff) is derived from former Rule 5 ff.