(a) Generally. — Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action.
Rule 2-123.Process — By whom served
Circuit Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceIdentifies who may deliver, mail, or otherwise execute court process in Maryland — a sheriff, a qualified private adult, or, when the sheriff cannot act, a court-appointed elisor.
Full Text of Rule 2-123
(b) Sheriff. — All process requiring execution other than delivery, mailing, or publication shall be executed by the sheriff of the county where execution takes place, unless the court orders otherwise.
(c) Elisor. — When the sheriff is a party to or interested in an action so as to be disqualified from serving or executing process, the court, on application of any interested party, may appoint an elisor to serve or execute the process. The appointment shall be in writing, signed by a judge, and filed with the clerk issuing the process. The elisor has the same power as the sheriff to serve or execute the process for which the elisor was appointed and is entitled to the same fees.
Committee Note & Source
Source. This Rule is derived as follows: Section (a) is derived from former Rules 104 b 1 and h 2 and 116 a. Section (b) is derived from former Rule 116 a. Section (c) is derived from former Rule 117 a and b.
Plain-English Summary
Getting papers into a defendant's hands is a job the law takes seriously enough to say exactly who can do it. This rule gives two main options: a sheriff, or a competent private person at least 18 years old — which can include the plaintiff's own attorney. The one person who cannot serve process is a party to the case itself.
Not every kind of process can go through a private server, though. Anything that requires "execution" — action beyond delivering, mailing, or publishing a document, such as seizing property — has to go through the sheriff of the county where that execution takes place, unless the court says otherwise.
That creates a problem when the sheriff has a stake in the case or some other disqualifying conflict. For that situation, the rule lets the court appoint an elisor — a substitute officer named in a signed, filed order — who steps into the sheriff's shoes for that one task, with the same authority and entitled to the same fees the sheriff would have earned.
Frequently Asked Questions
Who is allowed to serve court papers in a Maryland circuit court case?
A sheriff, or any competent private person 18 or older, including an attorney of record. The only person barred from serving process is a party to the action.
Can I serve my own lawsuit papers on the defendant?
No. A party to the action cannot serve process in their own case, regardless of age or competence.
Can my attorney serve the papers instead of a sheriff or process server?
Yes. An attorney of record is expressly permitted to serve process under this rule.
What kinds of process must go through the sheriff rather than a private server?
Process that requires execution beyond delivery, mailing, or publication — for example, seizing property — must be executed by the sheriff of the county where that happens, unless the court orders another arrangement.
What is an elisor, and when does a court appoint one?
An elisor is a substitute for the sheriff appointed when the sheriff is a party to, or otherwise interested in, the case and so cannot serve or execute process impartially. Any interested party can ask the court to appoint one.
Does an elisor have the same powers and fees as the sheriff?
Yes. Once appointed in a signed, filed order, the elisor has the same authority to serve or execute the process as the sheriff would have, and is entitled to the same fees.
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
Also known as: who can serve process marylandprivate process server maryland ruleselisor marylandsheriff service of processcan attorney serve papers maryland