(a)Service by delivery or mail. — An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process.
(1)If service is by delivery, the proof shall set forth the name of the person served, the date, and the particular place and manner of service. If service is made under Rule 2-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.
(2)If service is made by an individual other than a sheriff, the individual also shall file proof under affidavit that includes the name, address, and telephone number of the affiant and a statement that the affiant is of the age of 18 or over.
(3)If service is by certified mail, the proof shall include the original return receipt.
(b)Service by publication or posting. — Promptly and in any event within the time during which the person notified must respond, an individual making service of process pursuant to Rule 2-122 shall file with the court (1) the name, address, and telephone number of the individual making service, (2) proof of compliance with the Rule, and (3) a copy of the publication or posted notice. The certificate of the publisher constitutes proof of publication.
(c)Other process. — When process requires for its execution a method other than or in addition to delivery or mailing, or publication or posting pursuant to Rule 2-122, the return shall be filed in the manner prescribed by rule or law promptly after execution of the process.
(d)Service not made. — An individual unable to make service of process in accordance with these rules shall file a return as soon thereafter as practicable and in no event later than ten days following the termination of the validity of the process.
(e)Return to include process. — A return shall include a copy of the process if served or the original process if not served.
(f)Place of return. — In every instance the return shall be filed with the court issuing process. In addition, when a writ of attachment, a writ of execution, or any other writ against property is executed in another county, a return shall be filed with the court of that county.
(g)Effect of failure to make proof of service. — Failure to make proof of service does not affect the validity of the service.
Committee note. Rule 1-202 defines “process” as “any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, a commission or other writ.”
Source. This Rule is derived as follows:
Section (a) is derived from former Rules 104 b 2, 107 a 2 and 116 c 1 and 2.
Section (b) is derived from former Rule 105 b 1 (a) and b 2.
Section (c) is new.
Section (d) is new.
Section (e) is new.
Section (f) is derived from former Rules 104 a (2) and 622 h 2.
Section (g) is derived from the 1980 version of Fed. R. Civ. P. 4 (g) and former Rules 104 h 3 (c) and 116 c 3.
Plain-English Summary
Serving a defendant is only useful to the court once someone documents it. This rule sets the paperwork that follows service, and the deadlines for filing it, so the court and the parties can confirm a defendant received notice.
For service by delivery or mail, the person who served the papers has to file proof with the court promptly, and no later than the deadline for the served party to respond. What that proof contains depends on the method: for hand delivery, it needs the name of the person served, the date, and the place and manner of service, with extra detail when service was made on someone of "suitable age and discretion" standing in for the defendant. Anyone other than a sheriff who serves papers also has to file an affidavit giving their own name, address, phone number, and confirmation that they're 18 or older. Certified mail service needs the original return receipt attached.
Service by publication or posting works the same way but with its own proof: the server's contact information, proof that the posting or publication rules were followed, and a copy of the notice itself. A publisher's certificate counts as sufficient proof of publication on its own. When a server cannot complete service, the rule doesn't let the matter drop — a return still has to be filed as soon as practical, and no later than ten days after the process expires.
Every return has to include a copy of the process if it was served, or the original if it wasn't, and gets filed with the court that issued the process — plus, when a writ against property is executed in a different county, with that county's court as well. One reassurance built into the rule: failing to file proof of service doesn't undo service that happened. The proof requirement is about keeping the court's record straight, not about whether the defendant was validly served in the first place.
Frequently Asked Questions
What has to be in the proof of service?
It depends on the method. Hand delivery requires the name of the person served, the date, and the place and manner of service. A non-sheriff server must also file an affidavit with their own name, address, phone number, and an attestation that they're 18 or older. Certified mail service requires the original signed return receipt.
What happens if the process server can't find the defendant?
The server still has to file a return explaining that service wasn't made, as soon as practical and no later than ten days after the process expires.
Does certified mail service require anything beyond the mailing itself?
Yes. The person who served process by certified mail must file the original return receipt as part of the proof of service.
Where does the return of service get filed?
With the court that issued the process. If a writ against property is executed in a county other than where it was issued, a return also has to be filed with that county's court.
If proof of service is never filed, is the underlying service still valid?
Yes. Failing to file proof of service doesn't affect whether the service itself was valid — it only leaves the court's record incomplete.
What counts as "process" for purposes of this rule?
A committee note ties the term back to Rule 1-202, which defines process broadly as any written court order meant to secure compliance or require action, including a summons, subpoena, order of publication, commission, or other writ.
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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