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Rule 3-102.Trial date and time

District Court · Last amended January 1, 2004 · Last verified July 13, 2026

In one sentenceAs soon as a District Court complaint is filed, the clerk sets a trial date without any judge or party input, on a timetable keyed to how quickly the defendant must respond.

Full Text of Rule 3-102

Text sizeJump to: (a) (b) (c)

(a) Fixed by clerk. — Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be not less than 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be not less than 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed.
(b) Reassignment. — Subject to section (c) of this Rule, when service of process is not made and the summons becomes dormant pursuant to Rule 3-113, the clerk shall cancel the assigned trial date. If the summons is renewed pursuant to Rule 3-113, the clerk shall assign a new trial date and shall notify the plaintiff of the reassignment.
(c) Multiple defendants. — When multiple defendants are joined in the action and one or more, but not all, are served, the action shall be tried as to those served on the assigned trial date unless continued pursuant to Rule 3-508.

Amendment History

Amended Nov. 12, 2003, effective Jan. 1, 2004.

Committee Note & Source

Cross references. See Rule 3-307 concerning the time for filing a notice of intention to defend.

Source. This Rule is derived as follows: Section (a) is derived from former M.D.R. 101 a. Section (b) is in part new and in part derived from former M.D.R. 103 e. Section (c) is derived from former M.D.R. 103 g.

Plain-English Summary

This is one of the clearest markers of how the District Court's civil process differs from the circuit courts: the clerk assigns a trial date at the moment the complaint is filed, before the defendant has even been served. There is no separate scheduling order, no case-management conference, and — unlike the circuit courts under Rule 2-111 — no information report to sort the case onto a discovery track. The court calendars the case up front and lets the parties prepare around a known date.

The lead time depends on how much time the defendant gets to respond. If the notice of intention to defend is due within 15 days of service, the trial date must be set at least 60 days out. If the response period runs 60 days, the trial date must be set at least 90 days out. Either way, the court can move the trial earlier with leave of court, but the rule guarantees a floor, not a ceiling, on how much time the parties have before trial.

The other two sections handle what happens when that first date doesn't hold up. If the summons goes unserved long enough to go dormant under Rule 3-113, the clerk cancels the trial date; once the summons is renewed, the clerk assigns a new one and notifies the plaintiff. And if only some of several defendants have been served by the original date, the case still goes to trial on that date as to the defendants who were served, unless a continuance is granted under Rule 3-508.

Frequently Asked Questions

Does the circuit court set a trial date this early too?

No. This rule has no counterpart in Title 2's Circuit Court chapter. Circuit court cases move through pleading, discovery, and scheduling orders before a trial date is fixed. The District Court's up-front trial-date assignment reflects its role handling smaller-scale, summary civil matters that don't require the same pretrial machinery.

How is the minimum lead time for trial calculated?

It tracks the deadline for the defendant's notice of intention to defend. A 15-day response period requires a trial date at least 60 days after filing; a 60-day response period requires a trial date at least 90 days after filing. Both are minimums — the court can set the trial further out, or move it earlier with leave of court.

What happens to the trial date if the defendant is never served?

If the summons goes dormant under Rule 3-113 because it wasn't served in time, the clerk cancels the assigned trial date. A new date is assigned only after the plaintiff renews the summons, and the clerk must notify the plaintiff of the new date.

If I sue two defendants and only serve one before trial, does the case still go to trial?

Yes, as to the defendant who was served, on the originally assigned date — unless the court grants a continuance under Rule 3-508. The case doesn't automatically wait for every defendant to be served.

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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