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Rule 2-507.Dismissal for lack of jurisdiction or prosecution

Circuit Court · Last amended January 1, 2024 · Last verified July 13, 2026

In one sentenceRule 2-507 lets a Maryland circuit court clear inactive cases from its docket, dismissing claims against defendants who were never served after 120 days and dismissing stalled cases after a year of no docket activity.

Full Text of Rule 2-507

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Scope. — This Rule applies to all actions except actions involving the military docket and continuing trusts or guardianships.
(b) For lack of jurisdiction. — An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of 120 days from the issuance of original process directed to that defendant.
(c) For lack of prosecution. — An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 2-131, or Rule 2-132, except that an action for permanent alimony is subject to dismissal under this section only after two years from the last such docket entry.
(d) Notification of contemplated dismissal. — When an action is subject to dismissal pursuant to this Rule, the clerk, upon written request of a party or upon the clerk’s own initiative, shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of jurisdiction or prosecution will be entered after the expiration of 30 days unless a motion is filed under section (e) of this Rule.
(e) Deferral of dismissal. — On motion filed at any time before 30 days after service of the notice, the court for good cause shown may defer entry of the order of dismissal for the period and on the terms it deems proper.
(f) Entry of dismissal. — If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket “Dismissed for lack of jurisdiction or prosecution without prejudice” 30 days after service of the notice. If a motion is filed and denied, the clerk shall make the entry promptly after the denial.

Amendment History

Amended June 3, 1988, effective July 1, 1988; June 7, 1994, effective Oct. 1, 1994; Nov. 28, 2023, effective Jan. 1, 2024.

Committee Note & Source

Source. This Rule is derived from former Rule 530.

Plain-English Summary

The rule applies to nearly every civil action, with narrow exceptions for the military docket and continuing trusts or guardianships. It creates two separate clocks. First, if a defendant hasn't been served, and the court hasn't otherwise gotten jurisdiction over that defendant, the claim against that defendant becomes subject to dismissal once 120 days pass from the issuance of process. Second, an action becomes subject to dismissal for lack of prosecution once a full year passes without a docket entry — other than an entry made under this rule or the rules governing amended pleadings and revised scheduling — except that permanent alimony actions get two years of inactivity before this clock applies.

Dismissal isn't automatic. The clerk, either on a party's written request or on its own initiative, serves notice on everyone that the case will be dismissed in 30 days unless someone files a motion to defer. A party can move at any point up to 30 days after that notice, and the court can put off dismissal for good cause on whatever terms it thinks proper. If no one moves within that window, the clerk enters "Dismissed for lack of jurisdiction or prosecution without prejudice" on the docket once the 30 days run out; if a motion was filed and denied, the clerk makes that entry promptly after the denial.

Frequently Asked Questions

How long can a defendant go unserved before the claim against them is dismissed?

Once 120 days pass from the issuance of process without service or another way of getting jurisdiction over that defendant, the claim against that defendant becomes subject to dismissal under this rule.

What counts as lack of prosecution?

A full year with no docket entry, other than entries made under this rule or the rules on amended pleadings and rescheduling. Actions for permanent alimony get two years before this clock applies.

Does a party get any warning before a case is dismissed under this rule?

Yes. The clerk must serve notice that the case will be dismissed in 30 days, and a party can move within that window to have the court defer dismissal for good cause.

Is dismissal under this rule with or without prejudice?

Without prejudice. The docket entry the clerk makes is worded "Dismissed for lack of jurisdiction or prosecution without prejudice."

Who has to ask for the dismissal notice to go out?

Either a party can request it in writing, or the clerk can send the notice on the clerk's own initiative once a case meets the 120-day or one-year threshold.

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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