Who may serve a summons and complaint in Maryland?

The sheriff of the county where service takes place, or a competent private person 18 years of age or older, including an attorney of record, under Maryland Rule 2-123(a). The Maryland Rules themselves set no process-server license requirement.

Can a party serve their own summons in Maryland?

No. Maryland Rule 2-123(a) bars a party to the action from serving the summons and complaint, no matter how simple the case. Service must come from the sheriff, a competent adult non-party, or an attorney of record.

What happens if the Maryland sheriff cannot serve because it is a party to the case?

The court may appoint a substitute officer called an elisor, who has the sheriff's own powers and fee entitlement, on written application and a judge's signed order, under Maryland Rule 2-123(c).

Is ordinary mail enough to serve a Maryland summons?

No. Ordinary first-class mail alone never serves a Maryland summons. Rule 2-121(a)(3) allows mail service of a summons only by certified mail requesting Restricted Delivery, showing to whom, date, and address of delivery; service by that method is complete upon delivery.

Does Maryland have an official proof of service form?

District Court civil cases use the combined statewide form DC-CV-002, covering the request, order, and proof of service, and that form controls if the issuing court requires it. In general Circuit Court civil cases, the proof is typically the server's own affidavit drafted to meet Rule 2-126. Circuit Court family cases use separate affidavit-of-service forms, and later papers use the statewide Certificate of Service, form CC-DC-128.

Does a Maryland proof of service need to be notarized?

No. A non-sheriff server satisfies Rule 2-126(a) with a written affirmation made under the penalties of perjury, the same language the DC-CV-002 form uses, rather than a notarized affidavit. A sheriff's or constable's return needs no such affidavit at all.

How long do I have to serve a summons in Maryland?

A Maryland summons is effective for service for only 60 days after it is issued. If it is not served in that time, it becomes dormant and can be renewed only on the plaintiff's written request to the clerk, under Rule 2-113.

Is there a deadline to file the proof of service in Maryland?

There is no separate fixed day count. Rule 2-126(a) requires the proof to be filed promptly and, in any event, within the time the person served has to respond to the summons, which is generally 30 days if served within Maryland.

How do I serve later papers like motions in a Maryland case?

Later pleadings and papers go to all parties, or their attorney of record, by personal delivery, leaving a copy at the attorney's office, mail, or electronic service on registered MDEC users, under Rule 1-321. The clerk cannot accept most filings without a signed certificate of service under Rule 1-323, typically made on statewide form CC-DC-128.

What happens if service of a Maryland summons is defective?

Defective service can prevent the court from gaining authority over the defendant, which can void a default judgment entered later. Follow the manner, timing, and proof requirements in Rules 2-121 through 2-126 exactly, and never sign a proof of service that misstates how or when service occurred, since it is made under the penalties of perjury.

Does this Maryland proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

Maryland Proof of Service

Maryland bars any party from serving their own summons, yet, unlike most states, its rule lets the attorney of record serve it, and mail service is complete only by certified mail with restricted delivery, never plain first-class mail.

Find out where you stand in Maryland

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

Maryland Rule 2-123(a) lets the sheriff, or a competent private person 18 or older, including an attorney of record, serve a summons and complaint, but never a party to the action. If the sheriff is disqualified as a party or interested in the case, the court may appoint a substitute officer called an elisor with the sheriff's own powers, under Rule 2-123(c). District Court civil cases use the combined statewide form DC-CV-002 for the request, order, and proof of service, and that form controls when required; in general Circuit Court civil cases, proof is typically the server's own affidavit drafted to meet Rule 2-126. A non-sheriff server needs no notary: Rule 2-126(a) is satisfied by an affirmation under penalties of perjury, the language DC-CV-002 uses. Personal delivery, or leaving papers at the person's dwelling or usual abode with a resident of suitable age and discretion, are the core methods under Rule 2-121; first-class mail alone never completes service, since Rule 2-121(a)(3) requires certified mail with Restricted Delivery showing to whom, date, and address. A summons is valid 60 days and becomes dormant if not served, though the plaintiff may request renewal. The proof has no separate filing deadline; file it promptly and within the time the person served has to respond. Later papers are served under Rule 1-321, and a signed certificate of service under Rule 1-323, form CC-DC-128, is required before the clerk will accept most filings. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

1
The sheriff of the county, or a competent private person 18 or older, including an attorney of record, may serve a Maryland summons, but never a party to the action (Rule 2-123(a)). District Court civil cases use the combined statewide form DC-CV-002 for the request, order, and proof of service, and that form controls if the issuing court requires it; in general Circuit Court civil cases, the proof is typically the server's own affidavit drafted to meet Rule 2-126.
2
A party to the case can never serve their own summons and complaint, with no exception for simple or uncontested cases (Rule 2-123(a)). If the sheriff is itself a party or interested in the case and so disqualified, the court may appoint a substitute officer called an elisor, with the sheriff's own powers and fee entitlement, on written application and a judge's signed order (Rule 2-123(c)).
3
Personal delivery of the summons, complaint, and all papers filed with it is the primary method. For an individual, a server may instead leave a copy at the person's dwelling house or usual place of abode with a resident of suitable age and discretion, with no separate mailing required to complete that method (Rule 2-121(a)(1)-(2)).
4
Ordinary first-class mail alone never serves a Maryland summons. Rule 2-121(a)(3) allows mailing the summons, complaint, and all papers only by certified mail requesting Restricted Delivery, showing to whom, date, and address of delivery; service by that method is complete upon delivery.
5
If good-faith personal or abode service fails and the defendant appears to be evading service, the court may order mailing to the defendant's last known residence together with delivery to a person of suitable age and discretion at the defendant's place of business, on affidavit proof of the evasion (Rule 2-121(b)). If that is impracticable, the court may order any other means reasonably calculated to give actual notice (Rule 2-121(c)).
6
A non-sheriff server needs no notary. Rule 2-126(a) requires the server to file proof under affidavit, and Maryland satisfies that with a written affirmation made under the penalties of perjury, the same language the DC-CV-002 form uses; a sheriff's or constable's return needs no such affidavit at all. Maryland Code, Criminal Law section 9-101(a)(5) makes a false affirmation on this proof a crime.
7
A summons is effective for service only for 60 days after it is issued; an unserved summons becomes dormant and is renewable only on the plaintiff's written request (Rule 2-113). There is no separate fixed day count to file the proof itself; Rule 2-126(a) ties that filing to the deadline the person served has to respond, and failure to file proof promptly does not undo service that was otherwise validly made.

Key decisions before you file

Before you file a Proof of Service in Maryland, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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[CIRCUIT OR DISTRICT] COURT FOR [COUNTY], MARYLAND

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

PROOF OF SERVICE

In the District Court, this proof is ordinarily made on the combined statewide form DC-CV-002, Request for Service, Order for Service, and Proof of Service, and that form controls if the issuing court requires it. In general Circuit Court civil cases, this proof is made as the server's own return or affidavit under Maryland Rule 2-126.

OFFICER OR ELISOR RETURN (complete only if served by the sheriff or an elisor)

I, [NAME OF SHERIFF OR ELISOR], the sheriff for OR the elisor appointed by the court for [COUNTY], MARYLAND, certify that I served [NAME OF PERSON SERVED] with a copy of the Summons, Complaint, and [LIST OF ADDITIONAL PAPERS SERVED, IF ANY] by [PERSONAL DELIVERY OR LEAVING A COPY AT THE DWELLING HOUSE OR USUAL PLACE OF ABODE WITH A RESIDENT OF SUITABLE AGE AND DISCRETION] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR PLACE OF SERVICE].

NON-SHERIFF AFFIDAVIT (complete only if served by a person other than a sheriff)

I, [NAME OF SERVER], of [ADDRESS OF SERVER], telephone [PHONE NUMBER OF SERVER], solemnly affirm under the penalties of perjury that I am a competent person 18 years of age or older, not a party to this action, and that the contents of this proof are true to the best of my knowledge, information, and belief, as Maryland Rule 2-126(a) requires.

I served [NAME OF PERSON SERVED] with a copy of the Summons, Complaint, and [LIST OF ADDITIONAL PAPERS SERVED, IF ANY] by [PERSONAL DELIVERY OR LEAVING A COPY AT THE DWELLING HOUSE OR USUAL PLACE OF ABODE WITH A RESIDENT OF SUITABLE AGE AND DISCRETION OR CERTIFIED MAIL, RESTRICTED DELIVERY] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR PLACE OF SERVICE].

For abode service: The resident who accepted the papers at the dwelling house or usual place of abode was [DESCRIPTION OF RESIDENT SERVED], and I concluded that resident was of suitable age and discretion because [FACTS SUPPORTING SUITABLE AGE AND DISCRETION].

For certified mail service: Service was made by certified mail, Restricted Delivery, showing to whom, date, and address of delivery, and the original return receipt is attached to this proof.

[SIGNATURE] [NAME OF SERVER] [ADDRESS OF SERVER] [CITY, MARYLAND ZIP] Date: [DATE PROOF SIGNED]

CERTIFICATE OF SERVICE OF LATER PAPERS (complete only for papers served after the original pleading)

I certify that on [DATE], I served a copy of [NAME OF DOCUMENT] on [NAME OF PARTY OR ATTORNEY OF RECORD] by [PERSONAL DELIVERY, LEAVING A COPY AT THE ATTORNEY'S OFFICE, MAIL, OR ELECTRONIC SERVICE ON A REGISTERED MDEC USER], at [ADDRESS USED, OR MDEC IF SERVED ELECTRONICALLY].

[SIGNATURE] [NAME]

Maryland Requirements for Proof of Service

Party Barred From Serving the Summons
A party to the action can never serve their own summons and complaint. Service must come from the sheriff, a competent private person 18 or older, including an attorney of record, under Maryland Rule 2-123(a).
Elisor Substitution When the Sheriff Is Disqualified
If the sheriff is a party to or interested in the action and so disqualified, the court may appoint a substitute officer called an elisor, with the sheriff's own powers and fee entitlement, on written application and a judge's signed order (Rule 2-123(c)).
Certified Mail With Restricted Delivery Only
Ordinary first-class mail alone never serves a Maryland summons. Rule 2-121(a)(3) permits mail service of a summons only by certified mail requesting Restricted Delivery, showing to whom, date, and address of delivery; it is complete upon delivery.
Abode Service Without a Separate Mailing
For an individual, a server may leave a copy of the summons and complaint at the person's dwelling house or usual place of abode with a resident of suitable age and discretion, with no separate mailing required to complete the method (Rule 2-121(a)(2)).
60-Day Summons Validity and Dormancy
A summons is effective for service only for 60 days after it is issued. An unserved summons becomes dormant and is renewable only on the plaintiff's written request to the clerk (Rule 2-113).
Affirmation Under Penalties of Perjury, Not a Notarized Affidavit
A non-sheriff server satisfies Rule 2-126(a)'s affidavit requirement with a written affirmation made under the penalties of perjury, not a notarized affidavit. A sheriff's or constable's return needs no such affidavit at all.
Proof Filing Tied to the Response Deadline
There is no separate fixed day count to file the proof of service. Rule 2-126(a) requires it to be filed promptly and, in any event, within the time the person served has to respond to the summons.
District Court's Combined DC-CV-002 Form
District Court civil cases use the statewide form DC-CV-002 to combine the request for service, the order for service, and the proof of service. That form controls if the issuing court requires it; in general Circuit Court civil cases, the proof is typically the server's own affidavit drafted to meet Rule 2-126.
Certificate of Service for Later Papers
Later pleadings and papers require a signed certificate of service under Rule 1-323 before the clerk will accept most filings, typically made on statewide form CC-DC-128, which requires a signature but not a sworn affirmation.

Find out where you stand in Maryland

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

Maryland Requirements for Proof of Service

Party Barred From Serving the Summons

Elisor Substitution When the Sheriff Is Disqualified

Certified Mail With Restricted Delivery Only

Abode Service Without a Separate Mailing

60-Day Summons Validity and Dormancy

Affirmation Under Penalties of Perjury, Not a Notarized Affidavit

Proof Filing Tied to the Response Deadline

District Court's Combined DC-CV-002 Form

Certificate of Service for Later Papers

Frequently Asked Questions