MARYLAND DISTRICT AND CIRCUIT COURTS
CIVIL PROCEDURE

Rules 3-121 and 2-121: Process - Service - In Personam

a) Generally. - Service of process may be made within this State or outside this State when authorized by the law of this State, by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it, or by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting 'Restricted Delivery - show to whom, date, address of delivery'.

NOTE:  House Bill 603 took effect as of October 1, 1999 which reads in part:

6-312 (C)(1):  ...a party may effect service by delivering a copy of the summons and the complaint to a defendant personally or by leaving copies of the summons and complaint at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion residing at the dwelling house or place of abode...

Section 2.  ...that the provisions of this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any case filed before the effective date of this Act.

INTERPRETATION:  substitute service on a permanent co-resident of the defendant who is over the age of 18 years constitutes effective service if and only if the complaint was FILED on or after October 1, 1999.   Service would not be effective if the case was filed before October 1, 1999 even if an alias (re-issued) summons was dated after October 1, 1999.  This is not a legal opinion - only an interpretation.  Consult counsel before relying upon any informationi presented here.

b) Evasion of Service. - When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business, dwelling house, or usual place of abode of the defendant.

c) By Order of Court. - When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice.

Rules 3-123 and 2-123: Process - By Whom Served

a) Generally. - Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action.

b) Sheriff. - All process requiring execution other than delivery, mailing, or publication shall be executed by the sheriff of the county where execution takes place, unless the court orders otherwise.

Rules 3-124 and 2-124: Process - Persons to be Served

a) Individual. - Service is made upon an individual by serving the individual or an agent authorized by appointment or by law to receive service of process for the individual.

b) Individual Under Disability. - Service is made upon an individual under disability by serving the individual and, in addition, by serving the parent, guardian, or other person having care or custody of the person or estate of the individual under disability.

c) Corporation. - Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process.
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m) Substituted Service Upon State Department of Assessments and Taxation. - Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed.

DC Superior Court rules are different! Check it out.
Virginia Court rules are different! Check it out.
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