(a) Generally. — A civil action is commenced by filing a complaint with a court.
Rule 3-101.Commencement of action
District Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceA District Court civil case begins the moment a complaint is filed, and a narrow 30-day window lets a case dismissed on jurisdictional or limitations grounds elsewhere be refiled in the District Court without losing its place in line.
Full Text of Rule 3-101
(b) After certain dismissals by a United States District Court or a court of another state. — Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal
(1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in the District Court of Maryland within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State.
(c) After dismissal by the circuit court for lack of subject matter jurisdiction. — If an action is filed in the circuit court within the period of limitations prescribed by Maryland law and the circuit court dismisses the action for lack of subject matter jurisdiction, an action filed in the District Court of Maryland within 30 days after the entry of the order of dismissal shall be treated as timely filed in the District Court.
Amendment History
Amended May 14, 1992, effective July 1, 1992; Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Cross references. Code, Courts Article, § 5-115.
Source. This Rule is derived as follows:
Section (a) is derived from the 1937 version of Fed. R. Civ. P. 3 and former M.D.R. 100.
Section (b) is new.
Section (c) is new.
Plain-English Summary
Filing the complaint is what starts the clock. Nothing else about commencing a case in the District Court of Maryland turns on service of process, payment of costs, or any other step — the moment the clerk accepts the complaint for filing, the action exists.
The rest of the rule solves a timing problem that can arise when a case bounces between courts. Suppose a plaintiff sues in a federal court or in a court of another state before the Maryland limitations period runs out, and that court later dismisses the case because it lacked jurisdiction, declined to exercise jurisdiction, or found the claim time-barred under its own rules. Refiling from scratch in Maryland could now be too late. Section (b) gives the plaintiff 30 days from that dismissal order to file in the District Court, and the new case counts as timely filed in Maryland even if the original limitations period has since expired. Section (c) does the same thing in reverse: if a circuit court dismisses a case for lack of subject matter jurisdiction, the plaintiff has 30 days to refile in the District Court and keep the original filing date's protection.
This is the District Court's mirror image of Rule 2-101, which performs the identical function for the circuit courts. Read together, the two rules let a case move between the District Court and a circuit court — or arrive from a federal or out-of-state court — without a jurisdictional misstep costing the plaintiff the claim entirely.
Frequently Asked Questions
Does the District Court version of this rule differ from the circuit court's Rule 2-101?
Not in substance — only in direction. Rule 2-101 protects a plaintiff who was dismissed elsewhere and needs to refile in a circuit court; Rule 3-101 protects a plaintiff who needs to refile in the District Court instead, including one dismissed by a circuit court for lack of subject matter jurisdiction. The 30-day window and the underlying logic are the same in both.
What counts as filing a civil action in the District Court?
Filing the complaint with the court. No summons needs to be issued and no defendant needs to be served for the action to be commenced — service is a separate step governed by later rules in this chapter.
What if a federal court dismisses my case for a reason other than jurisdiction or limitations?
Section (b) applies only to dismissals for lack of jurisdiction, declination of jurisdiction, or a limitations bar the other court was required to apply. A dismissal on the merits, for failure to state a claim, or for another reason falls outside this rule.
Does the 30-day period start when the dismissal is entered or when I find out about it?
It runs from entry of the order of dismissal, not from when the plaintiff learns of it, so a plaintiff should track the docket in the original case closely once dismissal looks likely.
Can I use this rule to refile a District Court case that was dismissed by the District Court itself?
No. Sections (b) and (c) apply only to dismissals by a United States District Court, a court of another state, or a Maryland circuit court. A dismissal by the District Court of Maryland itself is outside this rule's scope.
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: how to start a district court case in marylandcommencing an action district courtrefile after dismissal for lack of jurisdiction maryland30 day refiling rule marylandmd rule 3-101