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Maryland Motion to Dismiss

In Maryland you move to dismiss under Md. Rule 2-322 within 30 days; four defenses are mandatory pre-answer.

Introduction

In Maryland you challenge a complaint with a motion to dismiss under Md. Rule 2-322, the preliminary-motion rule in Title 2, Chapter 300. The rule splits dismissal grounds into two tracks, and the split is the part that traps unrepresented parties. Under Rule 2-322(a), four defenses are mandatory: lack of jurisdiction over the person, improper venue, insufficiency of process, and insufficiency of service of process. These must be raised by a motion to dismiss filed before the answer, or they are waived. Under Rule 2-322(b), permissive grounds, including lack of subject-matter jurisdiction, failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, discharge in bankruptcy, and governmental immunity, may be raised by pre-answer motion or in the answer instead. The motion is filed in the same window as the answer: 30 days after being served in-state, 60 days if served elsewhere in the United States or through a statutory resident agent, and 90 days if served outside the United States (Rule 2-321). Motion form follows Rule 2-311: state the grounds and authorities with particularity, and request any hearing under a 'Request for Hearing' heading. File in the Circuit Court or District Court named in your summons. Miss the window on a mandatory defense and you lose it. DocDraft drafts a Maryland-formatted motion from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    The Maryland vehicle is a motion to dismiss under Md. Rule 2-322 (Preliminary Motions), in Title 2, Chapter 300. Read it with Rule 2-311 for motion form and Rule 2-321 for the filing window.

  2. 2

    Rule 2-322 splits the grounds. Mandatory grounds under 2-322(a) are lack of jurisdiction over the person, improper venue, insufficiency of process, and insufficiency of service of process. Permissive grounds under 2-322(b) include lack of subject-matter jurisdiction, failure to state a claim, failure to join a party under Rule 2-211, discharge in bankruptcy, and governmental immunity.

  3. 3

    The motion shares the answer window. You file it 30 days after being served in-state, 60 days if served elsewhere in the United States or via a statutory resident agent, and 90 days if served outside the United States (Rule 2-321(b)).

  4. 4

    The mandatory and permissive tracks differ on waiver. A 2-322(a) defense must be raised by the pre-answer motion or it is waived once the answer is filed. A 2-322(b) defense survives: you may raise it by motion or later in the answer.

  5. 5

    Maryland imposes no statewide meet-and-confer requirement before a Rule 2-322 motion to dismiss. The good-faith-conference obligations attach to discovery motions, not to a pre-answer dismissal motion. Check your court's local rules for any standing requirement.

  6. 6

    Failure to state a claim upon which relief can be granted is the most common merits ground; it sits in Rule 2-322(b)(2) on the permissive track, so it may be raised by motion or kept for the answer.

  7. 7

    File in the court named in your summons: the Circuit Court for civil claims over $30,000 (and concurrent up to $30,000), or the District Court of Maryland for claims up to $30,000. Rule 2-322 governs Circuit Court preliminary motions; the District Court counterpart is Rule 3-322.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE [CIRCUIT COURT FOR ____________ COUNTY / DISTRICT COURT OF MARYLAND FOR ____________], MARYLAND

____________________, Plaintiff,

 v.                                    Case No. ____________

____________________, Defendant.

MOTION TO DISMISS (Md. Rule 2-322)

Defendant, [Name], moves this Court under Maryland Rule 2-322 to dismiss the Complaint, and states with particularity the following grounds and the authorities in support of each ground (Md. Rule 2-311(c)):

GROUNDS

  1. [Mandatory ground under Rule 2-322(a), if applicable: lack of jurisdiction over the person / improper venue / insufficiency of process / insufficiency of service of process. State the facts.]

  2. [Permissive ground under Rule 2-322(b), if applicable: lack of jurisdiction over the subject matter / failure to state a claim upon which relief can be granted / failure to join a party under Rule 2-211 / discharge in bankruptcy / governmental immunity. State the facts.]

GROUNDS AND AUTHORITIES

[State the legal authorities supporting each ground above with particularity. Attach as an exhibit any document you wish the Court to consider (Md. Rule 2-311(c)).]

REQUEST FOR HEARING

Defendant requests a hearing on this Motion (Md. Rule 2-311(f)).

WHEREFORE, Defendant respectfully requests that this Court dismiss the Complaint and grant such other relief as is just.

                                    Respectfully submitted,

                                    ______________________________
                                    [Name]
                                    [Address]
                                    [Telephone] / [Email]
                                    Self-Represented Defendant

CERTIFICATE OF SERVICE

I certify that on ____________, a copy of this Motion to Dismiss was served on [Plaintiff / Plaintiff's counsel] at [address] by [method].

                                    ______________________________
                                    [Name]

Maryland Requirements for Motion to Dismiss

File before the answer, within the 30/60/90-day window

Under Md. Rule 2-321, file the pre-answer motion to dismiss within 30 days of being served in-state, 60 days if served elsewhere in the United States or through a statutory resident agent, or 90 days if served outside the United States. The motion is due before the answer.

Raise mandatory defenses now or waive them

Md. Rule 2-322(a) defenses (lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process) must be raised by motion before the answer. If not raised and the answer is filed, these defenses are waived.

Identify your mandatory Rule 2-322(a) grounds

Md. Rule 2-322(a) covers lack of jurisdiction over the person, improper venue, insufficiency of process, and insufficiency of service of process. State the facts supporting each ground you assert.

Identify your permissive Rule 2-322(b) grounds

Md. Rule 2-322(b) covers lack of jurisdiction over the subject matter, failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, discharge in bankruptcy, and governmental immunity. These may be raised by motion or in the answer.

State grounds and authorities with particularity

Under Md. Rule 2-311(c), a written motion shall state with particularity the grounds and the authorities in support of each ground. Points and authorities go in or attached to the motion; the statewide Motion form CC-022 provides a 'Grounds and authorities' field. No fixed statewide page limit was found in the rule.

Attach exhibits and request any hearing

Attach as an exhibit any document you want the court to consider (Md. Rule 2-311(c)). To get a hearing, request it under a 'Request for Hearing' heading and so state in the title (Md. Rule 2-311(f)). No statewide meet-and-confer is required for a motion to dismiss; check your court's local rules.

File in the correct Maryland court

File with the clerk of the court named in your summons. The Circuit Court handles civil claims over $30,000 and concurrent up to $30,000; the District Court of Maryland handles claims up to $30,000 (exclusive up to $5,000). Rule 2-322 governs Circuit Court preliminary motions; Rule 3-322 is the District Court counterpart.

Serve the motion and certify service

Serve a copy of the motion on the plaintiff or plaintiff's counsel and include a certificate of service stating the date and method. A proposed order is not required by statewide rule; the CC-022 Motion form has no proposed-order section. Confirm any individual circuit or judge standing order before filing.

Frequently Asked Questions

File a motion to dismiss under Md. Rule 2-322 with the clerk of the court named in your summons before you file an answer. Follow Rule 2-311 for form: state the grounds and the authorities supporting each ground with particularity, attach any document you want the court to consider as an exhibit, and request a hearing under a 'Request for Hearing' heading if you want one. The official statewide Motion form is CC-022.

The pre-answer motion to dismiss is due in the same window as the answer under Md. Rule 2-321: 30 days after you are served within Maryland, 60 days if you are served elsewhere in the United States or through a statutory resident agent, and 90 days if you are served outside the United States. A mandatory defense under Rule 2-322(a) is waived if it is not raised by this pre-answer motion.

Md. Rule 2-322 splits the grounds in two, and the split decides timing. Under 2-322(a), lack of jurisdiction over the person, improper venue, insufficiency of process, and insufficiency of service of process are mandatory: raise them by motion filed before the answer or they are waived. Under 2-322(b), lack of subject-matter jurisdiction, failure to state a claim, failure to join a party under Rule 2-211, discharge in bankruptcy, and governmental immunity are permissive and may instead be raised in the answer.

No statewide rule requires a meet-and-confer or good-faith conference before a Rule 2-322 motion to dismiss. Maryland's conference and certification obligations attach to discovery motions, not to a pre-answer dismissal motion. Rule 2-311 governs the motion's form, including requesting a hearing under a 'Request for Hearing' heading. Check your court's local rules for any standing requirement before filing.

A motion under Rule 2-322 is determined before trial. If the court denies the motion, the case proceeds and you respond on the merits. Rule 2-322(a) mandatory defenses are preserved because you raised them in the motion. Rule 2-322(b) permissive defenses you did not include in the motion can still be raised in your answer. Confirm any post-ruling response deadline set by the court.

File with the clerk of the court named in your summons. The Circuit Court handles civil claims over $30,000 and concurrent claims up to $30,000; the District Court of Maryland handles claims up to $30,000, with exclusive jurisdiction up to $5,000. Rule 2-322 governs preliminary motions in the Circuit Court, and Rule 3-322 is the District Court counterpart.