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Maryland Answer to a Complaint

Maryland gives you 30 days to answer a Circuit Court complaint under Md. Rule 2-321. File your answer on time or the plaintiff can get an order of default.

Introduction

A Maryland Answer to a Complaint is the written response you file with the clerk of the court named in the summons after you are served with a complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. What sets a Maryland answer apart is that the deadline and the procedure turn on which court you are in. In the Circuit Court, Md. Rule 2-321(a) gives you 30 days after you are served to file your answer when you are served in Maryland, and Md. Rule 2-321(b) extends that to 60 days if you are served outside the state but within the United States or through a statutory resident agent, and to 90 days if you are served outside the country. In the District Court, Md. Rule 3-307(b) sets a shorter window: you file the Notice of Intention to Defend printed at the bottom of the summons within 15 days of service, or 60 days if you fall within one of the out-of-state branches. There is no statewide general civil answer form for the Circuit Court, so the answer is a typed pleading on a compliant caption that meets Md. Rule 1-301. Miss the deadline in the Circuit Court and the plaintiff can ask the court for an order of default under Md. Rule 2-613(b). DocDraft drafts a Maryland-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your Circuit Court deadline is 30 days, and it can be longer. Under Md. Rule 2-321(a) your answer to a Circuit Court complaint is due 30 calendar days after you are served in Maryland. Under Md. Rule 2-321(b) it is 60 days if you are served outside the state but within the United States or through a statutory resident agent, and 90 days if you are served outside the country.

  2. 2

    The District Court is faster and uses the Notice of Intention to Defend. Under Md. Rule 3-307(b) you file the Notice of Intention to Defend printed at the bottom of the District Court summons within 15 days of service, or 60 days if you are served outside the state or through a statutory resident agent.

  3. 3

    Which court depends on the amount in dispute. The District Court has exclusive jurisdiction up to $5,000 and concurrent jurisdiction up to $30,000, while the Circuit Court has concurrent jurisdiction up to $30,000 and exclusive jurisdiction over $30,000.

  4. 4

    There is no statewide Circuit Court answer form. Maryland has no state-mandated general civil answer form for the Circuit Court, so you type the answer on standard pleading paper with a compliant caption under Md. Rule 1-301. In the District Court you use the Notice of Intention to Defend on the summons, and family cases use form CC-DR-050.

  5. 5

    Small claims preserve your defense with the Notice of Intention to Defend. In a Maryland small claim, which is a District Court small claim up to $5,000, filing the Notice of Intention to Defend within 15 days preserves your right to present a defense, and you must appear at the trial date stated in the summons in all events.

  6. 6

    There is no fee to file an answer, and a waiver exists. The fee to file an answer is $0, and if you cannot afford other court costs you can ask for a waiver on form CC-DC-089 based on poverty, receipt of means-tested public assistance, or representation by a legal services organization.

  7. 7

    You can raise a counterclaim, and know the deadlines. Under Md. Rule 2-331(a) you may assert any claim you have against an opposing party as a permissive counterclaim, and the statute of limitations on a written contract is three years under Md. Code Ann., Cts. & Jud. Proc. § 5-101.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE [CIRCUIT COURT / DISTRICT COURT] FOR [COUNTY / BALTIMORE CITY], MARYLAND

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] and states as follows. (If this is a District Court case, you respond using the Notice of Intention to Defend printed at the bottom of the summons rather than this pleading.)

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief and therefore denies]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the three-year statute of limitations on a written contract under Md. Code Ann., Cts. & Jud. Proc. § 5-101; payment; release; accord and satisfaction; fraud; statute of frauds; estoppel; laches; res judicata.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Md. Rule 2-331(a) a counterclaim is permissive, and you may assert any claim you have against an opposing party.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant respectfully requests that the Court deny the relief sought in the Complaint, enter judgment in Defendant's favor, award Defendant the costs of this action, and grant any further relief the Court deems just and proper.

Date: [DATE]

[SIGNATURE] [DEFENDANT NAME], Self-Represented [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Md. Rule 1-321(a), by [MDEC electronic service / mail / hand delivery]. [SIGNATURE]

Maryland Requirements for Answer to a Complaint

30-Day Circuit Court Answer Deadline

In the Circuit Court your answer is due 30 calendar days after you are served in Maryland under Md. Rule 2-321(a), extended to 60 days if you are served outside the state or through a statutory resident agent and to 90 days if you are served outside the country under Md. Rule 2-321(b). In the District Court you file the Notice of Intention to Defend within 15 days under Md. Rule 3-307(b).

Pleading Paper or Notice of Intention to Defend

Maryland has no state-mandated general civil answer form for the Circuit Court, so you type the answer on standard pleading paper with a compliant caption under Md. Rule 1-301. In the District Court you respond using the Notice of Intention to Defend printed at the bottom of the summons, and family cases use form CC-DR-050.

Court Caption

Caption the answer for the court named in the summons, which for general civil cases over $30,000 is the Circuit Court and for cases up to $30,000 is the District Court. Include the case number, the parties' names, and the title Defendant's Answer to Complaint, formatted under Md. Rule 1-301.

File With the Court Clerk

File your answer with the clerk of the court named in the summons. MDEC electronic filing is mandatory for attorneys under Md. Rule 20-106(a) and optional for self-represented litigants, who may also file by mail or in person.

Serve a Copy on the Plaintiff

Under Md. Rule 1-321(a), serve a copy of your answer on the plaintiff or their attorney by MDEC e-service, mail, or hand delivery, and file a certificate of service confirming when and how you served it.

No Answer Fee, Waiver Available

The fee to file an answer in Maryland is $0. If you cannot afford other court costs, file form CC-DC-089, the Request for Waiver of Prepaid Costs, based on poverty, receipt of means-tested public assistance, or representation by a legal services organization.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, fraud, statute of frauds, estoppel, laches, or res judicata. The statute of limitations on a written contract is three years under Md. Code Ann., Cts. & Jud. Proc. § 5-101.

Permissive Counterclaim If Any

Under Md. Rule 2-331(a), a counterclaim is permissive, so you may assert any claim you have against an opposing party, whether or not it arises from the same transaction as the plaintiff's claim. Filing it with your answer keeps your related claim in the same case.

Frequently Asked Questions

It depends on the court. In the Circuit Court, Md. Rule 2-321(a) gives you 30 days after you are served in Maryland, extended to 60 days if you are served outside the state or through a statutory resident agent and to 90 days if you are served outside the country under Md. Rule 2-321(b). In the District Court, Md. Rule 3-307(b) sets a 15-day window to file the Notice of Intention to Defend, or 60 days under the same out-of-state branches. Missing your deadline can lead to an order of default.

Maryland has no state-mandated general civil answer form for the Circuit Court, so you type the answer on standard pleading paper with a compliant caption under Md. Rule 1-301. In the District Court you respond using the Notice of Intention to Defend printed at the bottom of the summons. Family cases in the Circuit Court use form CC-DR-050.

File your answer with the clerk of the court named in the summons. General civil cases over $30,000 are heard in the Circuit Court and cases up to $30,000 in the District Court, with the District Court having exclusive jurisdiction up to $5,000. MDEC electronic filing is mandatory for attorneys under Md. Rule 20-106(a) and optional for self-represented litigants, who may also file by mail or in person.

The fee to file an answer in Maryland is $0. If you cannot afford other court costs, you can request a waiver on form CC-DC-089, the Request for Waiver of Prepaid Costs. Eligibility is based on poverty, receipt of means-tested public assistance, or representation by a legal services organization, and the form is filed with the court hearing your case.

Under Md. Rule 2-613(b), if the time for pleading has expired and a defendant has failed to plead, the court, on the plaintiff's written request, shall enter an order of default. You may be able to set it aside by filing a Motion to Vacate Order of Default within 30 days after its entry under Md. Rule 2-613(d), showing a substantial and sufficient basis for an actual controversy on the merits and that it is equitable to excuse the failure to plead.

Yes. Under Md. Rule 2-331(a), a counterclaim is permissive, meaning you may assert any claim you have against an opposing party, whether or not it arises from the same transaction as the plaintiff's claim. Filing it with your answer keeps your related claim in the same case. The statute of limitations on a written contract in Maryland is three years under Md. Code Ann., Cts. & Jud. Proc. § 5-101.