Circuit Court · Last amended January 1, 2016 · Last verified July 13, 2026
In one sentenceRule 2-321 gives a defendant 30 days to answer after being served, with longer deadlines for service outside Maryland and an automatic extension when a preliminary motion is filed.
(a)General rule. — A party shall file an answer to an original complaint, counterclaim, cross-claim, or third-party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule.
(1)A defendant who is served with an original pleading outside of the State but within the United States shall file an answer within 60 days after being served.
(2)A defendant who is served with an original pleading by publication or posting, pursuant to Rule 2- 122, shall file an answer within the time specified in the notice.
(3)A person who is required by statute of this State to have a resident agent and who is served with an original pleading by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process shall file an answer within 60 days after being served.
(4)The United States or an officer or agency of the United States served with an original pleading pursuant to Rule 2-124 (m) or (n) shall file an answer within 60 days after being served.
(5)A defendant who is served with an original pleading outside of the United States shall file an answer within 90 days after being served.
(6)If rules for special proceedings, or statutes of this State or of the United States, provide for a different time to answer, the answer shall be filed as provided by those rules or statutes.
(c)Automatic extension. — When a motion is filed pursuant to Rule 2-322 or when a matter is remanded from an appellate court or a federal court, the time for filing an answer is extended without special order to 15 days after entry of the court’s order on the motion or remand or, if the court grants a motion for a more definite statement, to 15 days after the service of the more definite statement.
Section (b) Subsection (b) (1) is derived from former Rules 107 b and 307 c (4).
Plain-English Summary
The default deadline for filing an answer in circuit court is 30 days after service. That default shifts in several recurring situations. A defendant served outside Maryland but still within the United States gets 60 days. A defendant served by publication or posting under Rule 2-122 answers within whatever time the published or posted notice specifies. A person served through a statutory resident agent — the State Department of Assessments and Taxation, the Insurance Commissioner, or another authorized state agency — gets 60 days, and the same 60-day period applies to the United States or a federal officer or agency served under Rule 2-124(m) or (n). A defendant served outside the United States altogether gets 90 days. And if some other rule or statute sets a different deadline for a particular kind of case, that deadline controls instead.
Filing a preliminary motion under Rule 2-322 doesn't just pause the case — it resets the answer clock. The rule extends the time to answer, automatically and without a separate court order, to 15 days after the court rules on the motion. The same 15-day extension applies when a case is remanded from an appellate court or a federal court, and when the court grants a motion for a more definite statement, the extension runs 15 days from service of that more definite statement.
Frequently Asked Questions
How many days does a defendant have to answer a complaint in Maryland?
30 days after being served, unless one of the rule's exceptions applies.
Does filing a motion to dismiss extend the time to answer?
Yes. Filing a motion under Rule 2-322 automatically extends the time to answer to 15 days after the court enters its order on the motion — no separate order is needed.
What if I'm served outside Maryland?
A defendant served outside Maryland but within the United States has 60 days to answer. A defendant served outside the United States has 90 days.
What deadline applies to service by publication?
A defendant served by publication or posting under Rule 2-122 must answer within the time stated in the published or posted notice.
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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