Rule 3-113.Process — Duration, dormancy, and renewal of summons
District Court · Last amended July 1, 2023 · Last verified July 13, 2026
Full Text of Rule 3-113
Amendment History
Amended September 30, 2022, effective January 1, 2023; April 21, 2023, effective July 1, 2023.
Committee Note & Source
Committee note. See Neel v. Webb Fly Screen Mfg. Co., 187 Md. 34, 48 A.2d 331 (1946).
Source. Section (a) of this Rule replaces former M.D.R. 103 d 2. Section (b) is new.
Plain-English Summary
Section (a) sets a hard 60-day shelf life on a summons. If it isn't served within that window, it becomes dormant — not void, but inactive — and the only way to revive it is a written renewal request from the plaintiff. This is the same 60-day rule that governs summonses in the circuit courts under Rule 2-113, and the Committee note attached to both rules points to the same 1946 Maryland decision on what "dormant" process means in practice.
Section (b) is where the District Court version goes further than its circuit court counterpart. Because the District Court has its own summary procedure for entering judgment on affidavit for certain liquidated claims under Rule 3-306, a plaintiff who wants to renew a summons in one of those cases has an extra obligation tied to federal servicemember protections. The renewal request must be accompanied by either a statement that nothing has changed since the most recent military service affidavit was filed, or a new supplemental affidavit that complies with the Servicemembers Civil Relief Act. The point is to keep the record on a defendant's military status current every time the case is given new life through a renewed summons, since a stale affidavit could undercut the protections that Act is meant to guarantee before a default-style judgment is entered.
Frequently Asked Questions
How long is a District Court summons valid?
60 days from the date it's issued. If it isn't served within that time, it goes dormant and can only be revived through a written renewal request.
Is the 60-day dormancy rule different from the circuit court's version?
No — section (a) matches Rule 2-113 in the circuit courts word for word in substance, including the same reference to a 1946 Maryland decision on dormant process. The difference in Rule 3-113 is section (b), which has no circuit court counterpart.
Why does renewing a summons require a military service affidavit?
Only when the case seeks judgment on affidavit under Rule 3-306, the District Court's summary procedure for certain claims. Because that procedure can lead to judgment without the defendant appearing, the rule requires an up-to-date check — either confirmation that nothing has changed since the last affidavit, or a new one — every time the summons is renewed, to make sure the servicemember protections in federal law stay current.
Do I need a new military service affidavit every time, or can I just confirm nothing changed?
Either is acceptable. The rule allows a simple statement that the information in the most recently filed affidavit is still accurate, or a full supplemental affidavit, as long as one of the two accompanies the renewal request.