(a) Generally. — A civil action is commenced by filing a complaint with a court.
Rule 2-101.Commencement of action
Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceA Maryland circuit court lawsuit begins the moment the plaintiff files a complaint, and two savings provisions let a case that was dismissed elsewhere on jurisdictional or limitations grounds count as timely if refiled in circuit court within 30 days.
Full Text of Rule 2-101
(b) After certain dismissals by a united states district court or a court of another state. — Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State.
(c) After dismissal by the district court of maryland for lack of subject matter jurisdiction. — If an action is filed in the District Court of Maryland within the period of limitations prescribed by Maryland law and the District Court dismisses the action for lack of subject matter jurisdiction, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in the circuit court.
Amendment History
Amended May 14, 1992, effective July 1, 1992; Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Cross references. Code, Courts Article, § 5-115.
Source. This Rule is derived as follows:
Section (a) is derived from the 1937 version of Fed. R. Civ. P. 3 and former Rules 140 a and 170 a.
Section (b) is new.
Section (c) is new.
Plain-English Summary
Filing is the trigger. Under section (a), a civil action starts when the plaintiff files a complaint with a Maryland court — no summons, no service, no answer required to get the clock started. That single act fixes the date the case exists for statute-of-limitations purposes.
Sections (b) and (c) are safety nets for plaintiffs who guessed wrong about which court could hear their case. If a plaintiff filed on time in a United States District Court or in a court of another state, and that court later dismissed the case because it lacked jurisdiction, declined to exercise jurisdiction, or found the claim barred under the limitations period that court had to apply, the plaintiff gets a fresh 30 days from the dismissal order to refile in a Maryland circuit court. The refiled case is treated as if it had been filed on time in Maryland, even though the original limitations period may have already run. Section (b) opens with "except as otherwise provided by statute," so a specific Maryland statute can override this 30-day window.
Section (c) covers a narrower, in-state version of the same problem: a case filed on time in the District Court of Maryland that gets dismissed for lack of subject matter jurisdiction. The plaintiff again has 30 days from that dismissal to refile in circuit court and keep the original filing date's protection — section (c) carries no statutory-override qualifier of its own.
Both savings provisions apply only to the specific dismissal grounds listed — jurisdiction and limitations, not a ruling on the merits. The rule traces the general filing standard back to the 1937 version of the federal rules and to older Maryland practice, while the 30-day savings provisions in (b) and (c) are Maryland additions.
Frequently Asked Questions
When does a lawsuit officially start in Maryland?
When the plaintiff files the complaint with the court. Nothing else — no summons and no service — is needed to commence the action.
I filed in federal court and it was dismissed for lack of jurisdiction. Can I still sue in Maryland?
Yes, if the federal filing was within Maryland's limitations period and you refile in a Maryland circuit court within 30 days of the dismissal order. The circuit court case is treated as timely filed.
Does the 30-day refiling window apply if my case was dismissed on the merits?
No. Section (b) applies only to dismissals for lack of jurisdiction, a court declining to exercise jurisdiction, or a limitations bar the dismissing court was required to apply — not to a loss on the substance of the claim.
What if my case was dismissed by the District Court of Maryland instead of a federal court?
Section (c) covers that situation separately: if the District Court of Maryland dismisses for lack of subject matter jurisdiction, you have 30 days from that order to refile in circuit court and keep the original filing treated as timely.
Does this rule ever get overridden by a specific statute of limitations?
Yes. Both savings provisions apply "except as otherwise provided by statute," so a more specific Maryland limitations statute can supersede the 30-day window.
Where does the 30-day count start?
From the entry of the order of dismissal in the other court — not from the date you receive notice of it or from your original filing date.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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