ISSUING SUMMONS IN DISTRICT COURT

1. Introduction to Summons

What is a Summons?

A summons is a legal document issued by the court that notifies a defendant that they are being sued or required to appear in court. It also specifies the time frame within which the defendant must respond or appear.

Importance of a Summons

• Legal Notification: It formally informs the defendant of the legal action taken against them.

• Ensures Due Process: Provides the defendant with an opportunity to respond to the allegations.

• Jurisdiction: Establishes the court's authority over the defendant in the case.

Why We Issue Summons

• To initiate legal proceedings against a defendant.

• To ensure the defendant is aware of their legal obligations and the specifics of the case.

• To comply with procedural requirements and avoid jurisdictional issues.

2. Filing the Complaint and Obtaining a Summons

Governing Rules

The process is governed by Maryland Rules 3-111 through 3-114 for filing the complaint and obtaining a summons, and 3-121 through 3-126 for the service of process.

Process Overview

1. File the Complaint: Submit the complaint along with any exhibits or additional papers to the court clerk.

2. Issue the Summons: The court clerk issues the summons for each defendant, attaching it to the complaint and any related documents.

Steps for Filing the Complaint

1. Prepare the Complaint: Include all relevant information and documents.

2. Submit to Clerk: File a copy of the complaint and any exhibits with the clerk for each summons to be issued (MD. RULE 3-111(a)).

3. Clerk Issues Summons: The clerk will issue a summons for each defendant and deliver it according to the plaintiff’s instructions (MD. RULE 3-112(a)).

Contents of the Summons

According to MD. RULE 3-114(b), a summons must contain:

• The name of the court and assigned docket reference.

• The name and address of the party requesting the summons.

• The name and address of the person to be served.

• The date of issue.

• The date by which it must be served.

• The assigned trial date.

• The time by which the defendant must file a notice of intention to defend.

• Notice to the defendant about the consequences of failing to respond.

• The time within which the return of service shall be made.

2. Filing the Complaint and Obtaining a Summons

Governing Rules

The process is governed by Maryland Rules 3-111 through 3-114 for filing the complaint and obtaining a summons, and 3-121 through 3-126 for the service of process.

Process Overview

1. File the Complaint: Submit the complaint along with any exhibits or additional papers to the court clerk.

2. Issue the Summons: The court clerk issues the summons for each defendant, attaching it to the complaint and any related documents.

Steps for Filing the Complaint

1. Prepare the Complaint: Include all relevant information and documents.

2. Submit to Clerk: File a copy of the complaint and any exhibits with the clerk for each summons to be issued (MD. RULE 3-111(a)).

3. Clerk Issues Summons: The clerk will issue a summons for each defendant and deliver it according to the plaintiff’s instructions (MD. RULE 3-112(a)).

Contents of the Summons

According to MD. RULE 3-114(b), a summons must contain:

• The name of the court and assigned docket reference.

• The name and address of the party requesting the summons.

• The name and address of the person to be served.

• The date of issue.

• The date by which it must be served.

• The assigned trial date.

• The time by which the defendant must file a notice of intention to defend.

• Notice to the defendant about the consequences of failing to respond.

• The time within which the return of service shall be made.

3. Serving the Summons and Complaint

Methods of Service

Service can be made through:

1. Personal Service: Direct delivery to the defendant.

2. Service by Certified Mail: Mailing the summons and complaint via certified mail with restricted delivery.

3. Sheriff Service: Delivery by a sheriff or constable.

Specific Procedures for Service

Personal Service

• Who Can Serve: A sheriff or any competent private person over 18 years old, including attorneys of record but not parties to the action (MD. RULE 3-123).

• Method: Deliver directly to the defendant or leave at the defendant’s dwelling with a suitable resident.

Service by Certified Mail

• Procedure: Mail a copy of the summons and complaint via certified mail with restricted delivery.

• Completion: Service is complete upon delivery (MD. RULE 3-121(a)).

• Arranged by Clerk: For a fee, the clerk can arrange certified mail service.

• Arranged by Plaintiff/Attorney: Plaintiff or attorney can handle service to receive direct notifications from the post office.

Sheriff Service

• Procedure: Pay a fee for the sheriff to deliver the summons and complaint.

• Report: Sheriff reports the service status back to the plaintiff and files a return of service with the court.

Practice Pointer

• Defendants may evade service by refusing to sign for certified mail. Be prepared to use personal service or alternative means if necessary.

4. Alternative Means of Service

When Alternative Service is Needed

When traditional methods fail, and the defendant evades service.

Procedures for Alternative Service

• Court Order Required: File a motion for alternative service detailing efforts made and reasons for believing the defendant is evading service.

• Possible Methods: Mailing to the last known address and delivering to a suitable person at the defendant’s business.

5. Return of Service

Filing Proof of Service

• Timeline: File proof of service promptly and within the defendant’s response time (MD. RULE 3-126(a)).

• Affidavit: Required affidavit from the person who served the summons.

• Unsuccessful Service: File the return within 10 days after the summons expires, including the original process (MD. RULE 3-126(d)).

Requirements for Proof of Service

• Include a copy of the served process (MD. RULE 3-126(e)).

• For private process servers, provide the server's name, address, and phone number.

Handling Unsuccessful Service

• Dormant Summons: Summons is effective for 30 days (MD. RULE 3-113). If not served, request renewal.

• Proper Service: Ensure all steps are correctly followed to avoid jurisdictional issues.

6. Resources

Recommended Reading and Tools

• PLEADING CAUSES OF ACTION IN MARYLAND by Paul Mark Sandler and James Archibald.

• MARYLAND CIVIL PATTERN JURY INSTRUCTIONS by MSBA.

• Maryland Judiciary Case Search for checking service status.

• State Department of Assessments and Taxation (SDAT) for resident agent information.

For further guidance, always refer to the latest Maryland Rules and consult available legal resources and tools to ensure compliance and accuracy.