FILING A MOTION FOR ALTERNATIVE SERVICE

Purpose:

This SOP provides detailed instructions for drafting and filing a Motion for Alternative Service in cases where traditional methods of service have failed. It includes when to file, necessary changes for each motion, and an explanation of the legal standards and procedures involved.

1. When to File a Motion for Alternative Service

A Motion for Alternative Service should be filed when:

• Multiple Unsuccessful Attempts: There have been multiple unsuccessful attempts to serve the defendant personally at their residence or usual place of business. Typically, at least five attempts on different days and times are considered sufficient to demonstrate diligent effort.

• Defendant’s Evasion or Absence: If it appears that the defendant is actively evading service or if the defendant’s residence is unoccupied and no other viable means of service exist.

• Court’s Requirement: When the court specifically requires alternative methods due to special circumstances, such as the defendant being out of the jurisdiction or unlocatable.

2. Components of the Motion for Alternative Service

When drafting the Motion for Alternative Service, ensure the following components are included:

A. Caption:

• The caption must include the correct court name, case number, and the names of the parties involved.

B. Introduction:

• Begin with a brief introduction, stating that the motion is filed pursuant to Maryland Rule 2-121(a)(3).

C. Background:

• Provide a summary of the case, including the nature of the action (e.g., Complaint for Sale in Lieu of Partition) and the relevant property or issues involved.

• Clearly state the defendant’s last known address and any relevant information about their whereabouts.

D. Attempts at Service:

• • Detail each attempt made to serve the defendant. This should include dates, times, and the method used (e.g., personal service, leaving documents at the residence, etc.).

  • Attach an Affidavit of Non-Service from the process server, outlining these attempts.

E. Justification for Alternative Service:

• • Explain why further attempts at traditional service are unlikely to succeed. Highlight any indications that the defendant may be avoiding service.

F. Proposed Methods of Alternative Service:

• Posting: Request authorization to post the summons and complaint on the door of the defendant’s residence or another relevant location.

• Certified Mail: Request permission to send the summons and complaint by certified mail with a return receipt requested to the defendant’s last known address.

• Email: Request permission to email the documents to the defendant, if an email address is available.

G. Legal Basis:

• Cite Maryland Rule 2-121(a)(3) as the legal basis for seeking alternative service. Provide a brief argument that the proposed methods are reasonably calculated to provide the defendant with actual notice.

H. Conclusion:

• Summarize the request and respectfully ask the court to grant the motion.

I. Certificate of Service:

• Include a certificate of service indicating that the motion has been sent to the opposing party by email and certified mail.

J. Proposed Order:

• Attach a proposed order for the judge to sign, authorizing the alternative methods of service.

3. Required Changes for Each Motion

Every Motion for Alternative Service must be tailored to the specific circumstances of the case. Below are the common fields that need to be updated:

• Case Number: Ensure the correct case number is used.

• Party Names: Update the names of the plaintiff and defendant as needed.

• Property Address: Include the correct address where service attempts have been made and where posting is proposed.

• Dates of Service Attempts: Adjust the dates and details of the service attempts according to the specific efforts made in the case.

• Email Address: If proposing email service, confirm and include the correct email address for the defendant.

• Affidavit of Non-Service: Attach a recent affidavit that reflects the current status of service attempts.

• Date Fields in the Proposed Order: Leave the date fields in the proposed order blank for the court to fill in.

4. Explanation of Legal Standards and Procedures

A. Legal Standards:

• Maryland Rule 2-121(a)(3): This rule allows for alternative methods of service when traditional methods are deemed ineffective. The rule mandates that any alternative service must be reasonably calculated to provide actual notice to the defendant.

B. Filing Procedures:

• Preparation: Draft the motion using the template provided. Ensure all details are accurate and the affidavit is attached.

• Filing: File the motion with the court and pay any applicable fees. Ensure the motion and proposed order are submitted together.

• Certificate of Service: After filing, ensure that the motion is served on the opposing party through the methods listed in the certificate of service.

C. Post-Filing Actions:

• Monitor the Court’s Response: After filing, track the motion’s progress. The court may schedule a hearing or issue an order based on the motion.

• Execute Alternative Service: If the motion is granted, proceed with the approved methods of service. Document each step thoroughly to ensure compliance with the court’s order.

• File Proof of Service: Once alternative service is completed, promptly file proof of service with the court, attaching evidence such as postal receipts, email confirmations, and photographs of the posting.

Training and Implementation:

Employees responsible for drafting and filing these motions should be trained on:

• Understanding the requirements for alternative service under Maryland law.

• Identifying when alternative service is appropriate based on case circumstances.

• Properly drafting motions and proposed orders with attention to detail.

• Filing procedures and post-filing follow-up actions to ensure compliance with court orders.

Regular reviews and updates of this SOP should be conducted to incorporate any changes in court rules or procedural requirement