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Rule 2-113.Process — Duration, dormancy, and renewal of summons

Circuit Court · Not amended since adoption on record · Last verified July 13, 2026

In one sentenceA Maryland summons is good for only 60 days from issuance, and once that window closes without service, it goes dormant and can be brought back to life only if the plaintiff asks in writing.

Full Text of Rule 2-113

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A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.

Committee Note & Source

Committee note. See Neel v. Webb Fly Screen Mfg. Co., 187 Md. 34, 48 A.2d 331 (1946).

Source. This Rule is new and replaces former Rule 112.

Plain-English Summary

Rule 2-113 is short but sets a firm deadline: a summons is effective for service only if it's served within 60 days after the date it issued. Let that window close without service and the summons doesn't disappear — it becomes dormant. A dormant summons cannot be reactivated by the sheriff or the clerk on their own; it takes a written request from the plaintiff to renew it.

The rule is deliberately narrow, covering only the summons's shelf life and the mechanics of reviving it once that shelf life expires. It replaced a former Maryland rule, and the committee note accompanying it points readers to a 1946 Maryland decision, Neel v. Webb Fly Screen Mfg. Co., which dealt with the same dormancy problem under the earlier rule.

Frequently Asked Questions

How long do I have to serve a summons after it's issued?

60 days from the date of issuance. Service must happen within that window for the summons to be effective.

What happens if I don't serve the summons within 60 days?

It becomes dormant — it's no longer effective for service on its own.

Can a dormant summons be revived?

Yes, but only on the plaintiff's written request. It doesn't renew automatically.

Does the court renew a dormant summons without being asked?

No. Renewal requires the plaintiff to make a written request; there's no automatic extension.

Is there case law connected to this rule?

The committee note accompanying the rule points to a 1946 Maryland decision, Neel v. Webb Fly Screen Mfg. Co., which addressed the dormancy of a summons under the earlier version of this rule.

Where does this rule come from?

It's a new rule that replaced a former Maryland rule governing the same subject.

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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