Filing A Motion for Alternative Service

Standard Operating Procedure (SOP) for 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

EXAMPLE OF FILING

IN THE ___________________________ FOR [COUNTY], MARYLAND

[PLAINTIFF’S NAME],

Plaintiff,

v.

[DEFENDANT’S NAME],

Defendant.

Case No.: [CASE NUMBER]

MOTION FOR ALTERNATIVE SERVICE

Plaintiff, [Plaintiff’s Name], by and through undersigned counsel, respectfully moves this Honorable Court for an Order permitting alternative service of process on the Defendant, [Defendant’s Name], pursuant to Maryland Rule 2-121(a)(3). In support of this motion, Plaintiff states as follows:

1. Introduction

Plaintiff has initiated this action against Defendant [Defendant’s Name] seeking relief regarding [briefly describe the nature of the action, e.g., breach of contract, partition of property]. Despite diligent efforts, Plaintiff has been unable to serve Defendant through traditional means.

2. Background

 ALWAYS INCLUDE EXHIBITS SHOWING FAILED ATTEMPT TO SERVE: 

Defendant’s last known address is [insert last known address]. Plaintiff has made the following attempts to serve Defendant at this address:

• Date: [Insert Date] – [Describe attempt, e.g., Process server attempted personal service at Defendant’s residence, no response].

• Date: [Insert Date] – [Describe attempt, e.g., Process server attempted service at Defendant’s place of employment, business closed].

• Date: [Insert Date] – [Describe attempt, e.g., Left documents with an individual at the residence, but service was later refused].

• Date: [Insert Date] – [Describe any other attempts or relevant details]. 

3. Justification for Alternative Service

Plaintiff has made diligent efforts to serve Defendant as outlined above. However, it appears that further attempts at traditional service are unlikely to succeed because [explain reasons, e.g., Defendant is evading service, Defendant’s residence appears to be unoccupied, etc.].

4. Proposed Methods of Alternative Service

Plaintiff respectfully requests this Court authorize the following methods of alternative service:

• Posting: Plaintiff proposes posting the summons and complaint on the front door of Defendant’s last known residence at [insert address].

• Certified Mail: Plaintiff proposes sending the summons and complaint to Defendant via certified mail, return receipt requested, to [insert address].

• Email: If an email address is available, Plaintiff proposes sending the summons and complaint to Defendant at [insert email address].

5. Legal Basis

Under Maryland Rule 2-121(a)(3), when traditional methods of service have been unsuccessful, the court may authorize alternative methods that are reasonably calculated to give actual notice to the defendant. The proposed methods here are reasonably calculated to provide such notice.

6. Conclusion

For the foregoing reasons, Plaintiff respectfully requests that this Honorable Court grant this Motion for Alternative Service and permit Plaintiff to serve Defendant by the methods outlined above.

Respectfully submitted,

Certificate of Service

I HEREBY CERTIFY that on this [insert date], a copy of the foregoing Motion for Alternative Service was mailed, postage prepaid, to the Defendant at [insert address] via certified mail, return receipt requested, and to [any other addresses or methods used].

INCLUDE DEFENDANTS LAST ATTEMPED ADDRESS for certificate 

Proposed Order

IN THE CIRCUIT COURT FOR [COUNTY], MARYLAND

[PLAINTIFF’S NAME],

Plaintiff,

v.

[DEFENDANT’S NAME],

Defendant.

Case No.: [CASE NUMBER]

ORDER GRANTING MOTION FOR ALTERNATIVE SERVICE

Upon consideration of Plaintiff’s Motion for Alternative Service, and any response thereto, it is hereby ORDERED:

1. Grant of Motion: The Motion for Alternative Service is GRANTED.

        2. Method of Service:

• Plaintiff is authorized to serve Defendant, [Defendant’s Name], by posting a copy of the summons and complaint on the front door or other conspicuous part of Defendant’s last known residence at [insert address].

• Plaintiff is authorized to send a copy of the summons and complaint to Defendant via certified mail, return receipt requested, to [insert address].

• (Optional) Plaintiff is authorized to send a copy of the summons and complaint to Defendant via email at [insert email address] if an email address is available.

3. Proof of Service: Plaintiff shall file proof of service with this Court within [insert number] days of completing service through the authorized methods.

4. Further Orders: Any further relief deemed appropriate by this Court may be granted.

Date: ___________

[Judge’s Name]

Judge, Circuit Court for [County], Maryland

Instructions:                                                                            

• [County], Maryland: Replace with the correct county.

• [Plaintiff’s Name] and [Defendant’s Name]: Fill in with the names of the parties.

• [CASE NUMBER]: Insert the specific case number.

• [insert address]: Replace with the last known address of the defendant.

• [insert email address]: Include the defendant’s email address if applicable, or remove this clause if email service is not requested.

• [insert number]: Specify the number of days the plaintiff has to file proof of service.

• Judge’s Name: Leave blank for the judge to fill in.

• Date: Leave blank for the date of the judge’s order.