Rule 2-112.Process — Issuance of summons
Circuit Court · Last amended July 1, 2016 · Last verified July 13, 2026
Full Text of Rule 2-112
Amendment History
Amended June 7, 1994, effective Oct. 1, 1994; June 5, 1996, effective Jan. 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; June 6, 2016, effective July 1, 2016.
Committee Note & Source
Source. This Rule is derived as follows: Section (a) is derived from former Rule 103 c and e and the 1980 version of Fed. R. Civ. P. 4 (a). Section (b) is derived from former Rule 103 j.
Plain-English Summary
Rule 2-112 puts the issuing of a summons squarely in the clerk's hands and on a short clock. Under section (a), as soon as a complaint is filed the clerk issues a summons for each defendant "forthwith" — without waiting for a separate request — and delivers it, together with a copy of every paper filed and a blank information report form, to the sheriff or to another person the plaintiff has designated to make service. If the plaintiff needs more than one summons for the same defendant, the clerk issues additional copies on request.
Section (b) addresses service across county lines. When the sheriff who will make service is in a different county from where the case is pending, the clerk can forward the process directly to that county's sheriff. Alternatively, if a party is willing to pay for personal delivery of the process to the out-of-county sheriff, the clerk hands the paperwork to a person the party designates — but that person still needs the clerk's approval before making the delivery.
Frequently Asked Questions
How quickly does the clerk have to issue the summons?
Immediately upon filing of the complaint — the rule uses the word "forthwith." No separate request from the plaintiff is required.
Can I get more than one summons for the same defendant?
Yes. Upon the plaintiff's request, more than one summons shall issue for a defendant.
What does the clerk send out along with the summons?
A copy of each paper filed with the complaint and a blank copy of the information report form, delivered to the sheriff or to another person the plaintiff has designated for service.
What if the defendant needs to be served in a different county?
The clerk may send the process directly to the sheriff of that county for service.
Can I pay to have process delivered to an out-of-county sheriff myself?
Yes. If a party requests personal delivery at that party's own expense, the clerk furnishes the process to a person the party designates — but the clerk must approve that person first.
Who decides who serves the summons?
The plaintiff designates the sheriff or other person to receive the summons for service; for out-of-county personal delivery, the clerk must also approve the designated deliverer.