(a) Mandatory. — The following defenses shall be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the person, (2) improper venue, (3) insufficiency of process, and (4) insufficiency of service of process. If not so made and the answer is filed, these defenses are waived.
Rule 2-322.Preliminary motions
Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceRule 2-322 lists the defenses a defendant must raise by motion before answering, the defenses that may be raised that way, and how the court handles motions to dismiss, for a more definite statement, and to strike.
Full Text of Rule 2-322
(b) Permissive. — The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental immunity. If not so made, these defenses and objections may be made in the answer, or in any other appropriate manner after answer is filed.
(c) Disposition. — A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend. The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 2-501.
(d) Motion for more definite statement. — If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after entry of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
(e) Motion to strike. — On motion made by a party before responding to a pleading or, if no responsive pleading is required by these rules, on motion made by a party within 15 days after the service of the pleading or on the court’s own initiative at any time, the court may order any insufficient defense or any improper, immaterial, impertinent, or scandalous matter stricken from any pleading or may order any pleading that is late or otherwise not in compliance with these rules stricken in its entirety.
(f) Consolidation of defenses in motion. — A party who makes a motion under this Rule may join with it any other motions then available to the party. No defense or objection raised pursuant to this Rule is waived by being joined with one or more other such defenses or objections in a motion under this Rule. If a party makes a motion under this Rule but omits any defense or objection then available to the party that this Rule permits to be raised by motion, the party shall not thereafter make a motion based on the defenses or objections so omitted except as provided in Rule 2-324.
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986; Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004.
Plain-English Summary
Some defenses have to be raised early or they're gone. Lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process must be raised by a motion to dismiss filed before the answer, if an answer is required. Wait and put them in the answer instead, and they're waived. Other defenses are optional to raise this way: lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, discharge in bankruptcy, and governmental immunity can be raised by a pre-answer motion to dismiss, or saved for the answer or a later appropriate filing.
The court has to decide these motions before trial, with one exception: it can put off ruling on a failure-to-state-a-claim defense until trial. Ruling on the motion, the court can dismiss the case outright or grant some lesser or different relief. A dismissal doesn't end the case unless the court says so — an amended complaint can be filed only if the court expressly grants leave, and generally within 30 days of the dismissal order. If the plaintiff misses that deadline, the court can dismiss the action on motion. And if a failure-to-state-a-claim motion pulls in material outside the pleading that the court doesn't exclude, the rule converts it into a summary judgment motion under Rule 2-501, with both sides getting a fair chance to respond to that material.
The rule also covers two related motions. A party facing a pleading too vague or ambiguous to answer can move for a more definite statement before answering, spelling out the defects and the details needed; if the court grants the motion and the other side doesn't comply within 15 days, the court can strike the pleading or enter another appropriate order. A party can also move to strike an insufficient defense, or improper, immaterial, impertinent, or scandalous material, or a pleading that's late or otherwise doesn't comply with the rules — and the court can strike on its own initiative at any time. Finally, a party who files a motion under this rule can join it with any other available motions without waiving anything, but omitting an available defense from that motion generally forfeits the chance to raise it by a later motion, subject to the preservation rules in Rule 2-324.
Frequently Asked Questions
Is there a Maryland equivalent to a motion to dismiss under Federal Rule 12(b)(6)?
Yes. Rule 2-322(b)(2) allows a defendant to raise failure to state a claim upon which relief can be granted by a motion to dismiss filed before the answer — Maryland's closest counterpart to a federal 12(b)(6) motion.
What defenses are waived if not raised before the answer?
Lack of personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process must be raised by motion before the answer, or they're waived.
What defenses can wait until the answer?
Lack of subject matter jurisdiction, failure to state a claim, failure to join a party under Rule 2-211, discharge in bankruptcy, and governmental immunity can be raised by pre-answer motion or saved for the answer.
Can I amend my complaint after it's dismissed?
Only if the court expressly grants leave to amend, and the amended complaint must be filed within 30 days of the dismissal order or another time the court sets.
What happens if a motion to dismiss relies on evidence outside the complaint?
If matters outside the pleading are presented and the court doesn't exclude them, the motion is treated as a motion for summary judgment under Rule 2-501, and both sides get a reasonable opportunity to respond to that material.
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: motion to dismiss marylandmtd maryland circuit court12(b)(6) equivalent marylandmotion for more definite statement marylandmotion to strike marylandfailure to state a claim marylandpreliminary motion maryland circuit court