![]() ![]() If the court determines that the plaintiff is entitled to the writ of attachment, it shall order issuance of the writ conditioned on the filing of a bond by the plaintiff for the satisfaction of all costs and damages that may be awarded the defendant or a claimant of the property by reason of the attachment. The court may require the plaintiff to supplement or explain any of the matters set forth in the documents or to provide further information regarding the property to be attached. The court shall review the complaint, any exhibits, and the supporting affidavit. The complaint and the request for the writ of attachment and all further proceedings shall constitute a single action and shall be docketed accordingly. The request for the writ of attachment shall be filed in the same action as the complaint. The request and affidavit need not be served pursuant to Rule 1-321 at the time of filing. The plaintiff shall file with the request an affidavit verifying the facts set forth in the complaint and stating the grounds for entitlement to the writ. ![]() A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.Īll process shall be under the seal of the court and signed by the clerk.Ī summons shall contain (1) the name of the court and the assigned docket reference, (2) the name and address of the party requesting the summons, (3) the name and address of the person to be served as set forth in the complaint, (4) the date of issue, (5) the time within which it must be served, (6) the time within which the defendant must file a response to the complaint by pleading or motion, (7) notification to the defendant that failure to file the response within the time allowed may result in a judgment by default or the granting of the relief sought, and (8) the time within which the return of service shall be made.Īt the time of filing a complaint commencing an action or while the action is pending, a plaintiff entitled by statute to attachment before judgment may file a request for an order directing the issuance of a writ of attachment for levy or garnishment of property or credits of the defendant. Process – Duration, dormancy, and renewal of summons.Ī summons is effective for service only if served within 60 days after the date it is issued. If a party requests personal delivery of the process at that party’s expense to the sheriff of another county, the clerk shall furnish the process to a person designated by the party and approved by the clerk to make delivery. When process is to be served by the sheriff of another county, the clerk may send the process to that sheriff for service. Upon request of the plaintiff, more than one summons shall issue for a defendant. Upon the filing of the complaint, the clerk shall issue forthwith a summons for each defendant and shall deliver it, together with a copy of each paper filed and a blank copy of the information report form required to be provided by Rule 16-202 b, to the sheriff or other person designated by the plaintiff. The information required by this section may be included in the caption of the case. If the plaintiff fails to file a required information report with the complaint, the court may proceed without the plaintiff’s information to assign the action to any track within the court’s differentiated case management system.įor each summons to be issued, the plaintiff shall furnish to the clerk a copy of the complaint, a copy of each exhibit or other paper filed with the complaint, and a copy of the information report specified in section (a) of this Rule.Ī person requesting service of process by the sheriff shall furnish to the clerk all available information as to the name and location, including the county where service is to be made, of the person to be served. Process – Requirements preliminary to summons.Įxcept as otherwise provided by administrative order of the Chief Judge of the Court of Appeals approved by the Court of Appeals, the plaintiff shall file with the complaint an information report substantially in the form available from the clerk pursuant to Rule 16-202 b. Process – Service on Sundays and holidays. Substituted service upon State Department of Assessments and Taxation.RULES OF CIVIL PROCEDURE – DISTRICT COURT Protection of persons subject to subpoenas.Objection to subpoena for court proceedings.Substituted Service Upon State Department of Assessments and Taxation.Officer or Agency of the State of Maryland.Retention of levied or garnished property.Release of property or dissolution of attachment. ![]() Dissolution of attachment for lack of service.Process – Duration, dormancy, and renewal of summons. Process – Requirements preliminary to summons. It takes less than a minute to create your account and start saving time on your serves. Register for the ServeManager free 14-day trial today and get full access to all of the powerful, time-saving features. ![]()
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