Md. Code, Courts and Judicial Proceedings, Title 6

Md. Code, Courts and Judicial Proceedings, Title 6
in effect

Md. Code, Courts and Judicial Proceedings § 6-101

(a) (1) For purposes of personal jurisdiction, venue, and service of process, the following terms have the meanings indicated. (2) “County” includes any federal enclave, reservation, or land within the geographical limits of the county. (3) “Resident” includes a person residing on a federal enclave, reservation, or land in the State or a county. (4) “State” includes any federal enclave, reservation, or land within the geographical limits of the State. (b) It is the intention of the General Assembly to extend the personal jurisdiction and venue of courts of the State and the power to serve process of those courts to any person on federal enclaves, reservations, or lands within the State to the fullest extent permitted by the Constitution and laws of the United States. (c) The jurisdiction of the United States over land acquired by it shall continue only so long as the United States owns, leases, or occupies the land.

Md. Code, Courts and Judicial Proceedings § 6-102

(a) A court may exercise personal jurisdiction as to any cause of action over a person domiciled in, served with process in, organized under the laws of, or who maintains his principal place of business in the State. (b) This section does not limit any other basis of personal jurisdiction of a court of the State.

Md. Code, Courts and Judicial Proceedings § 6-102.1

§6–102.1. (a) This section applies to an individual who, on or after October 1, 2017: (1) Accepts the election or appointment as a director of a Maryland corporation or a trustee of a Maryland real estate investment trust; or (2) Serves as a director of a Maryland corporation or a trustee of a Maryland real estate investment trust. (b) An individual subject to this section is deemed, by the acceptance or service, to have consented to the appointment of the resident agent of the corporation or real estate investment trust or, if there is no resident agent, the State Department of Assessments and Taxation, as an agent on which service of process may be made in any civil action or proceeding brought in the State: (1) (i) By or on behalf of, or against, the corporation or real estate investment trust; and (ii) To which the individual is a necessary or proper party; or (2) Against the individual for an internal corporate claim as defined in § 1–101 of the Corporations and Associations Article. (c) The consent to service of process by an individual under subsection (b) of this section: (1) Is effective whether or not the individual is a director or trustee at the time a civil action or proceeding is commenced; and (2) Constitutes the consent of the individual that any process served in accordance with subsection (b) of this section has the same legal force and validity as if served on the individual. (d) The appointment under subsection (b) of this section of the resident agent of a corporation or a real estate investment trust or the State Department of Assessments and Taxation as an agent for service of process is irrevocable.

Md. Code, Courts and Judicial Proceedings § 6-103

(a) If jurisdiction over a person is based solely upon this section, he may be sued only on a cause of action arising from any act enumerated in this section. (b) A court may exercise personal jurisdiction over a person, who directly or by an agent: (1) Transacts any business or performs any character of work or service in the State; (2) Contracts to supply goods, food, services, or manufactured products in the State; (3) Causes tortious injury in the State by an act or omission in the State; (4) Causes tortious injury in the State or outside of the State by an act or omission outside the State if he regularly does or solicits business, engages in any other persistent course of conduct in the State or derives substantial revenue from goods, food, services, or manufactured products used or consumed in the State; (5) Has an interest in, uses, or possesses real property in the State; or (6) Contracts to insure or act as surety for, or on, any person, property, risk, contract, obligation, or agreement located, executed, or to be performed within the State at the time the contract is made, unless the parties otherwise provide in writing. (c) (1) (i) In this subsection the following terms have the meanings indicated. (ii) “Computer information” has the meaning stated in § 22-102 of the Commercial Law Article. (iii) “Computer program” has the meaning stated in § 22-102 of the Commercial Law Article. (2) The provisions of this section apply to computer information and computer programs in the same manner as they apply to goods and services.

Md. Code, Courts and Judicial Proceedings § 6-103.1

§6–103.1. A court may exercise personal jurisdiction over a nonresident defendant in any civil proceeding arising out of the marital relationship or involving a demand for child support, spousal support, or counsel fees if the plaintiff resides in this State at the time suit is filed and the nonresident defendant has been personally served with process in accordance with the Maryland Rules and: (1) This State was the matrimonial domicile of the parties immediately before their separation; or (2) The obligation to pay child support, spousal support, or counsel fees arose under the laws of this State or under an agreement executed by one of the parties in this State.

Md. Code, Courts and Judicial Proceedings § 6-103.2

§6–103.2. A court may exercise personal jurisdiction over a nonresident defendant alleged to be the father in a paternity proceeding if: (1) The mother resides in this State at the time the suit is filed; (2) The nonresident alleged father personally has been served with process in accordance with the Maryland Rules; and (3) The act of conception is alleged to have occurred in this State.

Md. Code, Courts and Judicial Proceedings § 6-103.3

§6–103.3. (a) In this section, “defamation” includes invasion of privacy by false facts. (b) A court may exercise personal jurisdiction, to the fullest extent permitted by the United States Constitution, over any person who obtains a judgment in a defamation proceeding outside the United States against any person who is a resident of this State or has assets in this State for the purpose of providing declaratory relief with respect to that person’s liability for the judgment or determining whether the judgment may not be recognized under § 10–704 of this article if the Maryland resident or person who has assets in this State may have to take actions in Maryland to comply with the foreign defamation judgment.

Md. Code, Courts and Judicial Proceedings § 6-104

(a) If a court finds that in the interest of substantial justice an action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions it considers just. (b) (1) When actions involving at least one of the same parties, with the same subject matter, issues, and defenses arising out of the same circumstances, are instituted in the District Court and a circuit court of the State, the party who filed the action in the District Court may file a motion in that court to remove the action to the circuit court for consolidation with the action pending in circuit court. (2) If the motion is granted, the court shall forward all pleadings to the circuit court. (3) An action removed to the circuit court and consolidated with an action in that court under the provisions of this section shall proceed in the circuit court, without regard to the amount in controversy, as if originally instituted in the circuit court.

Md. Code, Courts and Judicial Proceedings § 6-201

(a) Subject to the provisions of §§ 6–202 and 6–203 of this subtitle and unless otherwise provided by law, a civil action shall be brought in a county where the defendant resides, carries on a regular business, is employed, or habitually engages in a vocation. In addition, a corporation also may be sued where it maintains its principal offices in the State. (b) If there is more than one defendant, and there is no single venue applicable to all defendants, under subsection (a) of this section, all may be sued in a county in which any one of them could be sued, or in the county where the cause of action arose.

Md. Code, Courts and Judicial Proceedings § 6-202

In addition to the venue provided in § 6-201 or § 6-203, the following actions may be brought in the indicated county: (1) Divorce -- Where the plaintiff resides; (2) Annulment -- Where the plaintiff resides or where the marriage ceremony was performed; (3) Action against a corporation which has no principal place of business in the State -- Where the plaintiff resides; (4) Replevin or detinue -- Where the property sought to be recovered is located; (5) Action relating to custody, guardianship, maintenance, or support of a child -- Where the father, alleged father, or mother of the child resides, or where the child resides; (6) Suit on a bond against a corporate surety -- Where the bond is filed, or where the contract is to be performed; (7) Action for possession of real property -- Where a portion of the land upon which the action is based is located; (8) Tort action based on negligence -- Where the cause of action arose; (9) Attachment on original process -- Where the property is located or where the garnishee resides; (10) Nondelivery or injury of goods against master or captain of a vessel -- Where the goods are received on board the vessel or where delivery is to be made under the contract; (11) Action for damages against a nonresident individual -- Any county in the State; (12) Action against a person who absconds from a county or leaves the State before the statute of limitations has run -- Where the defendant is found; (13) In a local action in which the defendant cannot be found in the county where the subject matter of the action is located -- In any county in which the venue is proper under § 6-201.

Md. Code, Courts and Judicial Proceedings § 6-203

(a) The general rule of § 6-201 of this subtitle does not apply to actions enumerated in this section. (b) (1) The venue of the following actions is in the county where all or any portion of the subject matter of the action is located: (i) Partition of real estate; (ii) Enforcement of a charge or lien on land; (iii) Eminent domain; (iv) Trespass to land; and (v) Waste. (2) If the property lies in more than one county, the court where proceedings are first brought has jurisdiction over the entire property. (c) The venue of an action to recover damages against a railroad company for injury to livestock is the county where the injury occurred. (d) The venue of an action for guardianship under Title 5, Subtitle 3 of the Family Law Article is in the county where the court has jurisdiction over the child in need of assistance case under Title 3, Subtitle 8 of this article. (e) (1) Except as provided in paragraphs (2) and (3) of this subsection, the venue for a proceeding for adoption of an individual who is physically within this State or subject to the jurisdiction of an equity court is in a county where: (i) The petitioner is domiciled; (ii) The petitioner has resided for at least 90 days next preceding the filing of the petition; (iii) A licensed child placement agency having legal or physical custody of the individual is located; (iv) The individual is domiciled, if the individual is related to the petitioner by blood or marriage or is an adult; or (v) An equity court has continuing jurisdiction over the custody of the individual. (2) The venue in an adoption of an individual under Title 5, Subtitle 3, Part III of the Family Law Article is in the court with jurisdiction over the individual under Title 3, Subtitle 8 of this article. (3) The venue in an adoption of an individual under Title 5, Subtitle 3, Part IV of the Family Law Article is in the court where the individual’s guardianship case is pending.

Md. Code, Courts and Judicial Proceedings § 6-302

(a) The process of a court or administrative office or agency of the State or local government may be served on a Sunday or holiday. (b) A writ of distraint, or for eviction or possession may not be served on Sunday.

Md. Code, Courts and Judicial Proceedings § 6-303

(a) If a person resists service of civil process by threats, violence, or superior force, or by preventing the officer serving the process from entering the premises so that the officer cannot serve the process without force or personal risk, the officer shall leave a copy of the process: (1) With a responsible person at the premises; or if that is not possible (2) Posted as near the premises as practicable. (b) Service under this section is as effective as actual personal service.

Md. Code, Courts and Judicial Proceedings § 6-305

(a) A nonresident person who is within the State for the purpose of testifying in or prosecuting or defending an action may not be served with process. (b) A nonresident person passing through this State to or from another state in response to a summons to testify may not be served with process. This subsection does not apply to process arising from acts done by the person after his entry into this State.

Md. Code, Courts and Judicial Proceedings § 6-307

When process is served on the Department of Assessments and Taxation in accordance with the Maryland Rules, the Director shall record the date and time of the service, and shall forward a copy of the process and notice of the service to the defendant at his mailing address, if known, or to his principal place of business.

Md. Code, Courts and Judicial Proceedings § 6-308

In a suit against the Police Department of Baltimore City, process may be served on the Police Department of Baltimore City in the same manner as service is made on an agency of the State as provided in Maryland Rule 2-124.

Md. Code, Courts and Judicial Proceedings § 6-309

(a) Designated employees of the Department of Public Safety and Correctional Services may serve a criminal summons, warrant, or charging document. (b) The authority of an individual designated to serve criminal process under this section shall be limited to the service of process within institutions operated by the Department of Public Safety and Correctional Services. (c) The Secretary of Public Safety and Correctional Services shall ensure that an employee designated to serve criminal process has received adequate training. (d) This section may not be construed to limit the authority of any employee of the Department of Public Safety and Correctional Services to serve civil process as provided in the Maryland Rules.

Md. Code, Courts and Judicial Proceedings § 6-310

(a) In this section, “administrator” includes the sheriff, director, superintendent, warden, or other officer in charge of a local detention center. (b) The administrator may designate employees of the local detention center to serve a criminal summons, warrant, or charging document. (c) (1) Except as provided in paragraph (2) of this subsection, the authority of an individual designated to serve criminal process under this section shall be limited to the service of process within the local detention center. (2) The authority of an individual designated to serve criminal process under this section by the administrator of the local detention center in Harford County shall be limited to the service of process within: (i) The local detention center; (ii) The Circuit Court for Harford County; or (iii) The District Court of Maryland for Harford County. (d) The administrator shall ensure that an employee designated to serve criminal process has received adequate training. (e) This section may not be construed to limit the authority of any employee of the local detention center to serve civil process as provided in the Maryland Rules.

Md. Code, Courts and Judicial Proceedings § 6-311

(a) In this section, “person” has the meaning stated in Rule 1–202 of the Maryland Rules. (b) (1) This section applies to an action against a person who had applicable insurance coverage under an insurance policy or self–insurance plan at the time the alleged liability that is the subject of the action was incurred. (2) Subject to paragraph (1) of this subsection, this section applies to a person who is a defendant subject to a complaint, counterclaim, cross–claim, or third–party complaint. (c) (1) On written request of a plaintiff to the action, an insurer or a person that has a self–insurance plan shall provide to the plaintiff the defendant’s last known home and business addresses if known. (2) An insurer or a person that has a self–insurance plan, and their employees and agents, may not be civilly or criminally liable for the disclosure of information required under this subsection. (d) A defendant who is subject to the provisions of this section is deemed to have consented to the disclosure of the information described in this section.

Md. Code, Courts and Judicial Proceedings § 6-312

(a) In this section, “person” has the meaning stated in Rule 1-202 of the Maryland Rules. (b) This section applies to a person who is a defendant subject to a complaint, counterclaim, cross-claim, or third-party complaint. (c) (1) Notwithstanding any other provision of law, 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 or by delivering a copy of the summons and the complaint to an agent authorized by appointment or law to receive service of process. (2) Any service under this subsection is as effective as actual personal service. (3) The method of service provided in this subsection is in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction of a defendant. (d) This section does not affect any defense, including noncooperation, available to an insurer or a person who has a self-insurance plan under the terms of the applicable insurance or self-insurance plan. (e) A defendant who is subject to the provisions of this section is deemed to have consented to service of process as described in this section.

Md. Code, Courts and Judicial Proceedings § 6-313

(a) (1) In this section the following words have the meanings indicated. (2) “Motor vehicle” has the meaning stated in § 11–135 of the Transportation Article. (3) “Nonresident” has the meaning stated in § 11–139 of the Transportation Article. (4) “Nonresident’s privilege to drive” has the meaning stated in § 11–140 of the Transportation Article. (b) By exercising a nonresident’s privilege to drive a motor vehicle in the State, a nonresident irrevocably appoints the Motor Vehicle Administration as agent to receive a subpoena, a summons, or other process that is: (1) Issued in an action that is related to an accident or collision involving a motor vehicle driven by the nonresident driver and in which the nonresident driver is named as a party; and (2) Directed to the nonresident driver. (c) Service of process is sufficient service on a nonresident driver if: (1) Service is made by the personal delivery and leaving of a copy of the process, with a certification of the last known address of the nonresident driver, with the Motor Vehicle Administration; (2) A fee for service of process is paid to the Motor Vehicle Administration; (3) The Motor Vehicle Administration sends a copy of the process by certified mail, return receipt requested, to the nonresident driver at the nonresident driver’s last known address; and (4) The Motor Vehicle Administration files an affidavit of compliance with the provisions of this section with the clerk of the court in which the action is pending. (d) The Motor Vehicle Administration shall provide a copy of the affidavit of compliance to the party seeking service. (e) The party seeking service shall send by certified mail, return receipt requested, a copy of the affidavit of compliance to the motor vehicle insurer of the nonresident driver. (f) (1) The Motor Vehicle Administration shall keep a record of all process served under this section that shows the date and hour of service on the Administration by the party seeking service. (2) When the certified return receipt is returned to the Motor Vehicle Administration, the Administration shall: (i) Deliver it to the party seeking service; and (ii) Keep a record of the date of its receipt and the date of its delivery to the party seeking service. (g) The Motor Vehicle Administration is authorized to establish and collect a reasonable fee to recover the Administration’s costs under this section.

Md. Code, Courts and Judicial Proceedings § 6-401

(a) Except as provided in subsection (b) of this section, a cause of action at law, whether real, personal, or mixed, survives the death of either party. (b) A cause of action for slander abates upon the death of either party unless an appeal has been taken from a judgment entered in favor of the plaintiff. (c) A right of action in equity survives the death of either party if the court can grant effective relief in spite of the death.

Md. Code, Courts and Judicial Proceedings § 6-402

(a) (1) In this section the following words have the meanings indicated. (2) “Proceeding” includes: (i) An arbitration proceeding; (ii) Any part of an action; and (iii) Any part of an appellate proceeding. (3) “Session” includes an extraordinary session. (b) Subject to subsection (d) of this section, if a member or desk officer of the General Assembly is an attorney of record in a proceeding, the proceeding shall be continued from 5 days before the legislative session convenes until at least 10 days after it is adjourned. (c) If a member of the Legislative Policy Committee or of any committee or subcommittee thereof or a committee or subcommittee of the State legislature functioning during the legislative interim is an attorney of record in a proceeding, the proceeding shall be continued while the committee or subcommittee is holding a meeting. (d) If a brief, a memorandum of law, or another document is required to be filed in a proceeding continued under this section: (1) The proceeding shall be continued for a time sufficient to allow it to be prepared and filed; and (2) Any time prescribed by the Maryland Rules, by rule or order of court, or by any statute applicable to the filing of the document shall begin to run 10 days after the General Assembly adjourns. (e) The attorney may waive the benefit of this section. (f) The attorney may exercise any right under this section after filing a motion or letter with the appropriate court or administrative agency without the attorney personally appearing. (g) This section applies to a proceeding in a federal, State, or local court or administrative agency.

Md. Code, Courts and Judicial Proceedings § 6-403

(a) In a civil action in the District Court, if the amount in controversy is $2,500 or less, there shall be no formal pleadings. (b) If the amount in controversy exceeds $2,500 the forms and pleadings are as provided by Title 3, Chapter 300 of the Maryland Rules.

Md. Code, Courts and Judicial Proceedings § 6-404

(a) Except as provided in this section, a case transferred from the District Court to a circuit court for trial shall be deemed to have originated in the circuit court and the parties are entitled to removal as provided by rule or law. (b) This section does not apply to an appeal from a final judgment of the District Court.

Md. Code, Courts and Judicial Proceedings § 6-405

(a) Any action, including one in the name of the State, brought by a next friend for the benefit of a minor may be settled by the next friend. (b) If the next friend is not a parent or person in loco parentis of the child, the settlement is not effective unless approved by the parent or other person responsible for the child. (c) If both parents are dead, and there is no person responsible for the care and custody of the child, the settlement is not effective unless approved by the court in which the suit was brought. Approval may be granted only on the written application by the next friend, under oath, stating the facts of the case, and why the settlement is in the best interest of the child.

Md. Code, Courts and Judicial Proceedings § 6-406

(a) An unincorporated association, joint stock company, or other group which has a recognized group name may sue or be sued in the group name on any cause of action affecting the common property, rights, and liabilities of the group. (b) An action under this section: (1) Has the same force and effect with respect to the common property, rights, and liabilities of the group as if all members of the group were joined; and (2) Does not abate because of any change of membership in the group or its dissolution.

Md. Code, Courts and Judicial Proceedings § 6-406.1

§6–406.1. (a) A creditor of a person engaged in a mercantile, trading, or manufacturing business as an agent or doing business or trading under any designation, title, or name other than the person’s own name who fails to file the certificate required under § 1-406 of the Corporations and Associations Article, may bring an action in a court of competent jurisdiction against the person or the name, title, or designation under which the business is conducted and service on the person shall be valid. (b) All the assets used in or owned by the person’s business are subject to seizure and sale under execution in satisfaction of the judgment.

Md. Code, Courts and Judicial Proceedings § 6-407

(a) Except as provided in subsection (b) of this section, the appearance of an attorney-at-law in any case before a court in the State terminates automatically on the expiration of an appeal period during which no party enters an appeal from a final judgment. (b) On the motion of the court that has jurisdiction over a case or on the motion of a party, the court may suspend the termination of appearance under subsection (a) of this section.

Md. Code, Courts and Judicial Proceedings § 6-408

For a period of 30 days after the entry of a judgment, or thereafter pursuant to motion filed within that period, the court has revisory power and control over the judgment. After the expiration of that period the court has revisory power and control over the judgment only in case of fraud, mistake, irregularity, or failure of an employee of the court or of the clerk’s office to perform a duty required by statute or rule.

Md. Code, Courts and Judicial Proceedings § 6-409

In any court proceeding, an attorney entering his appearance on behalf of a client may be granted a continuance if: (1) The entry of appearance is made in good faith and not for purposes of delay; (2) The case has not been continued previously an unreasonable number of times; and (3) At the time his appearance is entered he is the attorney of record in another court proceeding which previously had been scheduled for a time which will cause a conflict with the case in which the appearance is being entered.

Md. Code, Courts and Judicial Proceedings § 6-410

(a) (1) In this section the following words have the meanings indicated. (2) “Custodian” has the meaning stated in § 4–101(d) of the General Provisions Article. (3) “Public record” has the meaning stated in § 4–101(j) of the General Provisions Article. (b) If the custodian of public records is not known and cannot be ascertained after a reasonable effort by a party in a legal proceeding, the party may request a court to issue a subpoena for the custodian of public records to be served on: (1) A resident agent designated under § 1–1301 of the Local Government Article for service on a local entity; (2) A resident agent designated under § 6–109 of the State Government Article for service on a State agency that is not represented by the Attorney General; or (3) The Attorney General or an individual designated by the Attorney General as provided under the Maryland Rules for service on a State agency that is represented by the Attorney General. (c) Service of a subpoena under this section is equivalent to personal service on a custodian of public records. (d) The Court of Appeals may adopt rules to implement the provisions of this section.

Md. Code, Courts and Judicial Proceedings § 6-411

(a) An individual arrested for failure to appear in court to show cause why the individual should not be found in contempt for failure to answer interrogatories or to appear for an examination in aid of enforcement of a money judgment shall be taken immediately: (1) If the court is in session, before the court that issued the order that resulted in the arrest; or (2) If the court is not in session, before a judicial officer of the District Court for a determination of appropriate conditions of release to ensure the individual’s appearance at the next session of the court that issued the order that resulted in the arrest. (b) If a judicial officer determines that the individual should be released on other than personal recognizance without any additional conditions, the judicial officer shall impose on the individual the least onerous condition or combination of conditions that will reasonably ensure the appearance of the individual as required.

Md. Code, Courts and Judicial Proceedings § 6-412

(a) A nongovernmental corporate party shall, with its first appearance, pleading, petition, motion, response, or other request addressed to the court, file one copy of a disclosure statement that: (1) Identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; (2) Identifies any member or owner in a joint venture or limited liability corporation; (3) Identifies all partners in a partnership or limited liability partnership; (4) Identifies any corporate member, if the party is any other unincorporated association; or (5) States that there is no such corporation. (b) If any information filed in accordance with subsection (a) of this section changes, the nongovernmental corporate party shall file a supplemental statement.
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