The Maryland legal process refers to the official steps and procedures that people must follow when bringing a legal dispute to court or responding to a case filed against them. These procedures are governed by Maryland court rules, which are official regulations adopted by the Supreme Court of Maryland that tell everyone involved in a case exactly what to do and how to do it.
Maryland has two main trial courts where most cases begin: the District Court and the Circuit Court. The District Court handles smaller civil cases (usually up to $30,000), landlord-tenant cases, and certain criminal cases. The Circuit Court handles larger civil cases, more serious criminal cases, divorce and family law matters, and appeals from the District Court. Understanding which court your case belongs to is an important first step in the Maryland legal process.
Service of Process
One of the most important parts of the Maryland legal process is something called "service of process." This is the legal way of making sure the other person, in your case, receives official notice that a lawsuit has been filed. Without proper service of process, your case cannot move forward, so understanding how this works is crucial.
What Service of Process Means
Service of process is the method by which the plaintiff (the person filing the lawsuit) ensures the defendant (the person being sued) receives the initial court documents and notice about the case. When you file papers to start a case, you name the person or business you're suing as the defendant. After you file your papers, the court will issue a summons, an official court document notifying the defendant that a lawsuit has been filed against them. You must serve the defendant with this summons and copies of all the papers you filed with the court.
The reason service of process is so important is that it protects everyone's constitutional right to due process. In America, you can't be sued or have legal action taken against you without being properly notified and given a chance to defend yourself. Service of process ensures that the defendant knows about the case and has an opportunity to respond.
You Cannot Serve Papers Yourself
Here's a rule that surprises many people: you cannot deliver court documents to the other person yourself. This is a firm requirement in Maryland. The law requires that someone else who is not involved in the case must serve the papers. This rule exists to prevent conflicts and ensure that the service actually happens.
Three Ways to Serve Court Documents:
1. Service by Sheriff or Constable
County sheriffs and constables are authorized to serve legal papers. The fee for this service typically ranges from $40 to $60 per defendant, though fees can vary by county. You can ask the Clerk of Court about the exact cost when you file your case. The sheriff will handle delivering the papers and will file proof of service with the court.
2. Private Process Server
You can hire a professional private process serving company, or you can have any adult over age 18 who is not a party to the case deliver the documents. This person can be a friend or family member as long as they're not involved in the lawsuit. Private process servers are especially helpful when the other side is difficult to locate or when you want faster service.
3. Certified Mail (in some cases)
For certain types of cases, service can be made by sending the documents through certified mail, restricted delivery, with a return receipt requested. The defendant must personally sign for the mail. This method works well when the other person lives far away, but it has a major drawback: if the defendant refuses to sign for the mail or doesn't pick it up from the post office, service won't be complete.
How to Properly Serve Someone
When serving someone in person (through sheriff or private process server), the papers must be handed directly to the defendant or left with an adult resident of their home who is "of suitable age and discretion." This means the person receiving the papers should be mature enough to understand that the documents need to be given to the defendant.
The person serving the papers doesn't have to place them directly in the defendant's hands, they can even leave the documents at the person's feet after telling them they're being served, and this still counts as proper service.
Proving Service Happened
After the papers are served, you must file proof of service with the court. This is typically done through an Affidavit of Service, a sworn statement by the person who served the papers. The Maryland Judiciary provides forms for this purpose, including Form CC-DR-055 for hand delivery in family law cases and Form CC-DR-056 for mail service in family law cases.
The affidavit must include specific information:
Required Information | Why It's Important |
Name of person served | Confirms the right person received the papers |
Date of service | Starts the clock for how long they have to respond |
Method of service | Shows proper procedures were followed |
Description of person served (if in person) | Helps verify identity |
Server's name, address, and phone number | Allows the court to contact the server if needed |
Return receipt (if by mail) | Proves delivery and acceptance |
Filing Your Complaint
If you're the person starting a legal case (the plaintiff), you begin the Maryland legal process by filing a complaint with the appropriate court. A complaint is a legal document that explains why you're suing, what happened, what the defendant did wrong, and what you want the court to do about it.
Choosing the Right Court
Before filing, you need to determine whether your case belongs in the District Court or Circuit Court. District Court handles cases where you're seeking $30,000 or less in damages, most landlord-tenant disputes, and certain criminal cases. Circuit Court handles cases seeking more than $30,000, all divorce and custody cases, serious criminal cases, and cases where you're seeking something other than money (like an order requiring someone to do or stop doing something).
What Goes in a Complaint
Your complaint should clearly explain:
- Who you are (the plaintiff)
- Who you're suing (the defendant)
- What happened that caused the dispute
- Why you believe the defendant is responsible
- What you want the court to do (award money, grant custody, order someone to do something, etc.)
Maryland courts provide forms for many common types of cases, including divorce, child custody, child support, and small claims matters. These forms guide you through providing the necessary information. You can access these forms through the Maryland Judiciary website at mdcourts.gov.
Filing Fees and Documents
When you file your complaint, you'll typically need to pay a filing fee. The amount varies depending on the type of case and which court you're filing in. If you cannot afford the filing fee, you can request a fee waiver by filing a form that shows your income and expenses.
Along with your complaint, you may need to file additional documents depending on your case type. For example, in family law cases, you'll need to complete a Case Information Report. In civil cases, you might need to attach exhibits or other supporting documents to your complaint.
Responding to a Case: When You're the Defendant
If someone files a lawsuit against you, you become the defendant, and you have important rights and responsibilities in the Maryland legal process. The most important thing to understand is that you have a limited time to respond, and ignoring the lawsuit won't make it go away; it will only make things worse.
How Much Time Do You Have to Respond
The amount of time you have to file an answer depends on where you were served:
Response Deadlines Based on Service Location:
- Served within Maryland: 30 days to file an answer
- Served outside Maryland but within the United States: 60 days to file an answer
- Served outside the United States: 90 days to file an answer
These deadlines are strict. If you don't respond within the allowed time, the plaintiff can ask the court for a "default judgment," which means they win automatically because you didn't defend yourself.
Filing Your Answer
Your answer is the formal document where you respond to the allegations in the plaintiff's complaint. In your answer, you should:
- Admit the statements in the complaint that are true
- Deny the statements that are false or that you don't have enough information to know if they're true
- Raise any defenses you have (reasons why you shouldn't be held responsible even if what the plaintiff says is true)
- File any counterclaims if you have your own claims against the plaintiff
Maryland provides Answer forms for many types of cases. Form CC-DR-050 is used to respond to family law cases involving divorce, child custody, child support, or visitation.
What Happens If You Don't Respond
If you receive court papers and do nothing, the plaintiff can request a default judgment. This means the court can grant everything the plaintiff asked for without hearing your side of the story. In money cases, this could mean you owe whatever amount the plaintiff claimed. In custody cases, it could mean the other parent gets the custody arrangement they requested.
Even if a default judgment is entered against you, you may be able to get it reversed if you act quickly and can show the court a good reason why you didn't respond. However, it's much better to respond on time in the first place.
Maryland Court Rules
Maryland court rules are the detailed procedures that govern how cases move through the court system. These rules have the force of law, which means everyone must follow them. The rules cover everything from how to file documents to what evidence you can present to how appeals work.
Different Rules for Different Courts
Maryland has different sets of rules for different courts and case types. The main categories include:
Maryland Rules for Civil Cases
These rules govern lawsuits in Circuit Court where someone is suing for money, property, or other relief. They cover procedures for filing complaints, conducting discovery (gathering information), going to trial, and appealing decisions.
Maryland Rules for District Court
The District Court has its own set of rules that are generally simpler than Circuit Court rules. These govern small claims cases, regular civil cases in District Court, and certain other matters.
Maryland Rules for Criminal Cases
These rules apply to criminal prosecutions and cover procedures from arrest through trial and sentencing.
Maryland Rules for Family Law
Family law cases like divorce, custody, and child support follow special rules designed for these emotionally sensitive matters.
Why Court Rules Matter
Understanding court rules is important because failure to follow them can result in serious consequences. The court might:
- Dismiss your case
- Strike (remove) documents you filed
- Not allow you to present certain evidence
- Rule against you on specific issues
For example, if court rules require you to exchange certain information with the other side by a specific deadline and you don't do it, the court might not let you use that information at trial. This is why many people hire attorneys who know the rules thoroughly and can make sure all procedures are followed correctly.
Where to Find Maryland Court Rules
You can access Maryland court rules for free online through several sources:
- The Maryland Judiciary website (mdcourts.gov)
- Westlaw and Lexis (legal research websites)
- The Gateway to Maryland Law maintained by the Maryland State Law Library
The Maryland People's Law Library (peoples-law.org) also provides helpful explanations of court procedures in plain language for people representing themselves.
Preparing Your Case for Court
Once your case has been filed and served, both sides need to prepare for the eventual hearing or trial. Preparation is crucial, cases are won or lost based on how well-prepared each side is.
Gathering Your Evidence
Evidence is anything that helps prove your side of the story. This can include:
- Documents
Contracts, receipts, emails, text messages, letters, photographs, medical records, bank statements, pay stubs, and any other written or recorded materials related to your case.
- Physical Evidence
Objects related to the case, such as damaged property, products that didn't work correctly, or other tangible items.
- Witness Testimony
Statements from people who saw what happened or have relevant knowledge about the case.
Organizing Your Documents
Being organized makes a huge difference in court. Follow these steps:
- Make Multiple Copies
Prepare at least three copies of every document: one for yourself, one for the other side, and one for the judge. If there are multiple parties, make additional copies.
- Organize Chronologically or by Topic
Put documents in the order you plan to use them or organize them by subject matter. Mark important sections with a highlighter on your personal copy.
- Create a Trial Notebook
Use a binder with tabs to keep everything organized. Label sections clearly so you can find documents quickly when you need them in court.
Identifying and Preparing Witnesses
If you plan to have witnesses testify, think carefully about who will be most helpful to your case. A good witness:
Qualities of Effective Witnesses:
- Has firsthand knowledge of important facts (they saw, heard, or experienced what they'll testify about)
- Can clearly explain what they know
- Appears credible and truthful
- Doesn't have an obvious bias in favor of one side
- Will actually show up on the day of trial
Don't bring witnesses just to have them, only bring people who can support important points in your case. Tell your witnesses where and when to appear, and consider getting a subpoena even for friendly witnesses to ensure they show up and to excuse them from work if necessary.
Your Day in Court
When your court date arrives, being prepared and knowing what to expect will help you feel more confident and present your case effectively.
Before You Go to Court
- Arrive Early
Plan to arrive at the courthouse at least 30 minutes before your scheduled time. This gives you time to find parking, go through security, locate the right courtroom, and check in with court personnel.
- Dress Appropriately
Dress as you would for an important job interview. This shows respect for the court and makes a good impression. Avoid shorts, tank tops, hats, or clothing with offensive language or images.
- Bring Everything You Need
Bring your trial notebook with all your documents, any physical evidence, your witnesses, and copies of everything for the judge and the other side. Also, bring paper and pen to take notes.
Courtroom Procedures
When you arrive at the courtroom, check in with the clerk or bailiff. They'll let you know where to sit and what to expect. When your case is called, step forward to the appropriate table (usually the plaintiff sits on the right side facing the judge, and the defendant on the left).
Address the judge as "Your Honor" and stand when speaking to the judge unless told to sit. Be respectful to everyone in the courtroom, including the other side, even if you're angry about the situation.
Presenting Your Case
The plaintiff presents their case first. You'll have the opportunity to:
- Make an opening statement (briefly tell the judge what your case is about)
- Testify about what happened
- Present documents and other evidence
- Call witnesses to testify
- Ask questions of the other side's witnesses (cross-examination)
- Make a closing argument (summarize why you should win)
The defendant then gets to present their side of the story following the same format. The judge may ask questions at any time.
What Happens If Someone Doesn't Show Up
If you're the plaintiff and the defendant doesn't show up, you can ask the judge to enter a default judgment in your favor. However, you still need to prove your case, the defendant's absence doesn't automatically mean you win. You must still present evidence showing that you're entitled to what you're asking for.
If you're the defendant and the plaintiff doesn't show up, ask the judge to dismiss the case.
If you can't make it to your court date because of a genuine emergency, contact the court as soon as possible before your scheduled time. You may be able to get the hearing rescheduled, but you'll need a good reason.
After the Court Decision
Once the judge makes a decision, the Maryland legal process continues with important steps you need to take.
Court's Order
The judge will issue an order or judgment explaining what was decided. Read this carefully and make sure you understand exactly what it says. If you have questions about what the order means or requires you to do, contact an attorney for clarification.
If You Win
If the court rules in your favor, your work may not be done. In cases where you were awarded money, you'll need to take steps to collect that money if the defendant doesn't pay voluntarily. This process is called "enforcement" or "execution" of the judgment.
Collection Methods Available:
- Wage garnishment (taking money directly from the debtor's paycheck)
- Bank account garnishment (taking money from their bank accounts)
- Property liens (placing a claim on their real estate or personal property)
- Interrogatories in aid of execution (requiring the debtor to answer questions about their assets)
If You Lose
If the court rules against you, you have several options:
Appeal - You may be able to appeal the decision to a higher court if you believe the judge made a legal error. Appeals must be filed within 30 days of the judgment in most cases. Appeals are complicated and usually require an attorney.
Comply with the Order - If you were ordered to pay money or do something else, follow the court's order. Failing to comply can result in serious consequences, including contempt of court charges, jail time, wage garnishment, or license suspensions.
Request a Modification - In some types of cases, like child support or custody, you can later request that the court modify the order if circumstances change significantly.
Resources for Help with Maryland Legal Process
Navigating the Maryland legal process can be challenging, but numerous resources are available to help you.
Maryland People's Law Library
The Maryland People's Law Library (peoples-law.org) is a free website maintained by the Maryland State Law Library. It provides easy-to-understand information about Maryland law and court procedures on topics including housing, family law, debt collection, criminal matters, and much more.
Court Help Centers
Maryland courts operate free Court Help Centers where you can meet with lawyers for brief advice and assistance with court forms. Lawyers at these centers can help you understand court documents, complete court forms, and prepare for court hearings. While they can't represent you in court or provide ongoing representation, they offer valuable guidance for people representing themselves.
Visit mdcourts.gov/helpcenter or call 410-260-1392 to access Court Help Center services.
Maryland Judiciary Website
The Maryland Judiciary website (mdcourts.gov) provides extensive self-help resources, including:
- Court forms for many types of cases
- Guide & File, an online interview system that helps you complete forms correctly
- Information about court locations and hours
- Instructions for various court procedures
- Access to Maryland Case Search to look up case information
Legal Aid Organizations
If you have low income, you may qualify for free legal representation from Maryland Legal Aid or other legal services organizations. These nonprofits provide free lawyers for people who cannot afford to hire private attorneys.
Remember that court rules exist to ensure fairness and consistency, and following them carefully is crucial to success in any legal matter. When in doubt, don't hesitate to seek help from the many resources available or consult with an attorney who can guide you through the specific requirements of your case.