Courts and Judicial Proceedings (GCJ) — Title 6. Personal Jurisdiction, Venue, Process and Practice

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.

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.

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.

This section does not limit any other basis of personal jurisdiction of a court of the State.

This section applies to an individual who, on or after October 1, 2017:

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:

The consent to service of process by an individual under subsection (b) of this section:

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.

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.

A court may exercise personal jurisdiction over a person, who directly or by an agent:

This State was the matrimonial domicile of the parties immediately before their separation; or

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.

The mother resides in this State at the time the suit is filed;

The nonresident alleged father personally has been served with process in accordance with the Maryland Rules; and

The act of conception is alleged to have occurred in this State.

In this section, “defamation” includes invasion of privacy by false facts.

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.

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.

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.

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.

Divorce -- Where the plaintiff resides;

Annulment -- Where the plaintiff resides or where the marriage ceremony was performed;

Action against a corporation which has no principal place of business in the State -- Where the plaintiff resides;

Replevin or detinue -- Where the property sought to be recovered is located;

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;

Suit on a bond against a corporate surety -- Where the bond is filed, or where the contract is to be performed;

Action for possession of real property -- Where a portion of the land upon which the action is based is located;

Tort action based on negligence -- Where the cause of action arose;

Attachment on original process -- Where the property is located or where the garnishee resides;

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;

Action for damages against a nonresident individual -- Any county in the State;

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;

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.

The general rule of § 6-201 of this subtitle does not apply to actions enumerated in this section.

The venue of an action to recover damages against a railroad company for injury to livestock is the county where the injury occurred.

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.

The process of a court or administrative office or agency of the State or local government may be served on a Sunday or holiday.

A writ of distraint, or for eviction or possession may not be served on Sunday.

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:

Service under this section is as effective as actual personal service.

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.

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.

Designated employees of the Department of Public Safety and Correctional Services may serve a criminal summons, warrant, or charging document.

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.

The Secretary of Public Safety and Correctional Services shall ensure that an employee designated to serve criminal process has received adequate training.

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.

In this section, “administrator” includes the sheriff, director, superintendent, warden, or other officer in charge of a local detention center.

The administrator may designate employees of the local detention center to serve a criminal summons, warrant, or charging document.

The administrator shall ensure that an employee designated to serve criminal process has received adequate training.

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.

In this section, “person” has the meaning stated in Rule 1–202 of the Maryland Rules.

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.

In this section, “person” has the meaning stated in Rule 1-202 of the Maryland Rules.

This section applies to a person who is a defendant subject to a complaint, counterclaim, cross-claim, or third-party complaint.

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.

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.

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:

Service of process is sufficient service on a nonresident driver if:

The Motor Vehicle Administration shall provide a copy of the affidavit of compliance to the party seeking service.

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.

The Motor Vehicle Administration is authorized to establish and collect a reasonable fee to recover the Administration’s costs under this section.

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.

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.

A right of action in equity survives the death of either party if the court can grant effective relief in spite of the death.

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.

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.

If a brief, a memorandum of law, or another document is required to be filed in a proceeding continued under this section:

The attorney may waive the benefit of this section.

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.

This section applies to a proceeding in a federal, State, or local court or administrative agency.

In a civil action in the District Court, if the amount in controversy is $2,500 or less, there shall be no formal pleadings.

If the amount in controversy exceeds $2,500 the forms and pleadings are as provided by Title 3, Chapter 300 of the Maryland Rules.

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.

This section does not apply to an appeal from a final judgment of the District Court.

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.

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.

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.

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.

An action under this section:

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.

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.

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.

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.

The entry of appearance is made in good faith and not for purposes of delay;

The case has not been continued previously an unreasonable number of times; and

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.

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:

Service of a subpoena under this section is equivalent to personal service on a custodian of public records.

The Court of Appeals may adopt rules to implement the provisions of this section.

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:

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.

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:

If any information filed in accordance with subsection (a) of this section changes, the nongovernmental corporate party shall file a supplemental statement.