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Civil procedure

summons and complaint

The defendant in a lawsuit must be served (delivered) a summons or citation (an order from the court to appear and answer the lawsuit) and a copy of the lawsuit (the complaint) (1) to provide due process (fairness) by giving the defendant notice of the lawsuit and the opportunity to appear in court and defend the lawsuit; and (2) to give the court personal jurisdiction (authority) over the defendant.

In Maryland, the process of serving a defendant with a summons or citation, along with a copy of the complaint, is a critical step in the legal process. This procedure ensures due process by notifying the defendant of the lawsuit and allowing them the chance to appear in court to defend themselves. Additionally, it establishes the court's personal jurisdiction over the defendant. Maryland Rule 2-121 outlines the methods of service, which include personal delivery to the defendant, delivery to a resident of suitable age and discretion at the defendant's dwelling house or usual place of abode, or service by mail, among other methods. The rules also allow for service by alternate means if the court finds that the standard methods are not effective. Failure to properly serve a defendant can result in the dismissal of the lawsuit or the reversal of a default judgment if one is entered without proper service.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

Articles

Maryland State Code

Maryland State Code

Civil procedure

summons and complaint

Articles