Rule 3-123.Process — By whom served

Rule 3-123 answers a narrow but practical question: who can physically serve or execute process in a District Court case? Section (a) allows a sheriff or any competent private person 18 or older, including the attorney of record, to serve process — the one person who can't do it is a party to the case. Section (b) narrows that flexibility for process that requires execution beyond simple delivery, mailing, or publication, such as a writ directing seizure of property: that kind of process must go through the sheriff of the county where the execution happens, unless the court orders otherwise. There's a carve-out for landlords repossessing nonresidential property under the tenant-holding-over statute — on the plaintiff's request, service on the tenant can be directed to any qualified private server under section (a), in addition to whatever the sheriff must execute under section (b)(1).

Section (c) covers a rare but important situation: a sheriff who is a party to, or has an interest in, the case is disqualified from serving or executing process in it. When that happens, the court can appoint an elisor — a substitute officer named in writing by a judge and filed with the clerk — who has the same authority and is entitled to the same fees as the sheriff for that particular process.