(a) Statutes not abrogated. — The provisions of this Rule do not abrogate any statute permitting or requiring service on a person.
Rule 3-124.Process — Persons to be served
District Court · Last amended April 1, 2023 · Last verified July 13, 2026
In one sentenceRule 3-124 tells a plaintiff exactly whom to serve for each type of defendant — individuals, corporations, partnerships, LLCs, government bodies, or the State Department of Assessments and Taxation when a resident agent can't be found.
Full Text of Rule 3-124
(b) Individual. — Service is made upon an individual by serving the individual or an agent authorized by appointment or by law to receive service of process for the individual.
(c) Individual under disability. — Service is made upon an individual under disability by serving the individual and, in addition, by serving the parent, guardian, or other person having care or custody of the person or estate of the individual under disability.
(d) Corporation. — Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process.
(e) General partnership. — Service made upon a general partnership sued in its group name in an action pursuant to Code, Courts Article, § 6-406 by serving any general partner.
(f) Limited partnership. — Service is made upon a limited partnership by serving its resident agent. If the limited partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any general partner or other person expressly or impliedly authorized to receive service of process.
(g) Limited liability partnership. — Service is made upon a limited liability partnership by serving its resident agent. If the limited liability partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any other person expressly or impliedly authorized to receive service of process.
(h) Limited liability company. — Service is made upon a limited liability company by serving its resident agent. If the limited liability company has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any member or other person expressly or impliedly authorized to receive service of process.
(i) Unincorporated association. — Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, § 6-406 by serving any officer or member of its governing board. If there are no officers or if the association has no governing board, service may be made upon any member of the association.
(j) State of Maryland. — Service is made upon the State of Maryland by serving the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Supreme Court. In any action attacking the validity of an order of an officer or agency of this State not made a party, the officer or agency shall also be served.
(k) Officer or agency of the State of Maryland. — Service is made on an officer or agency of the State of Maryland by serving (1) the resident agent designated by the officer or agency, or (2) the Attorney General or an individual designated by the Attorney General in a writing filed with the Clerk of the Supreme Court. If service is made on the Attorney General or a designee of the Attorney General and the officer or agency is not ordinarily represented by the Attorney General, the Attorney General or designee promptly shall forward the process and papers to the appropriate officer or agency.
(l) Local entity. — Service is made on a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of the State by serving the resident agent designated by the local entity. If the local entity has no resident agent or if a good faith effort to serve the resident agent has failed, service may be made by serving the chief executive or presiding officer or, if there is no chief executive or presiding officer, by serving any member of the governing body.
(m) United States. — Service is made upon the United States by serving the United States Attorney for the District of Maryland or an individual designated by the United States Attorney in a writing filed with the Chief Clerk of the court and by serving the Attorney General of the United States at Washington, District of Columbia. In any action attacking the validity of an order of an officer or agency of the United States not made a party, the officer or agency shall also be served.
(n) Officer or agency of the United States. — Service is made upon an officer or agency of the United States, including a government corporation, by serving the United States and by serving the officer or agency.
(o) Substituted service upon State Department of Assessments and Taxation. — Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed.
Amendment History
Amended Nov. 19, 1987, effective July 1, 1988; June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; Apr. 9, 2002, effective July 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004; November 19, 2019, effective January 1, 2020; April 21, 2023, effective April 1, 2023.
Committee Note & Source
Committee note. Examples of statutes permitting or requiring service on a person include the Maryland Tort Claims Act, Code, State Government Article, § 12-108 (a) (service of a complaint is sufficient only when made upon the Treasurer of the State); Code, Insurance Article, § 4-107 (service on certain insurance companies is effected by serving the Insurance Commissioner); Code, Business Regulation Article, § 4-402 (service on a non-resident “athlete agent” is effected by serving the Secretary of Labor, Licensing, and Regulation); Code, Business Regulation Article, § 6-202 (service on certain nonresident charitable organizations is effected by serving the Secretary of State); and Code, Courts Article, § 3-405 (notice to the Attorney General is required immediately after a declaratory judgment action is filed alleging that a statute, municipal or county ordinance, or franchise is unconstitutional).
Committee note. This section does not purport to create a tort duty by directing the Attorney General to forward process and papers. See Erie Ins. Co. v. Chops, 322 Md. 79 (1991). Nor does this section obviate the need for personal service in accordance with section (b) of this Rule on an officer sued in the officer’s individual capacity.
Cross references. See Code, State Government Article, § 6-109, which requires that a State agency not represented by the Attorney General file with the State Department of Assessments and Taxation a designation of its resident agent.
Cross references. See Code, Local Government Article, § 1-1301 concerning a local entity’s designation of a resident agent by filing with the State Department of Assessments and Taxation.
Source. This Rule is derived as follows: Section (a) is new and replaces former M.D.R. 106 f. Section (b) is derived from former M.D.R. 104 b 1 (i) and (ii). Section (c) is derived from former M.D.R. 119. Section (d) is derived from former M.D.R. 106 b. Section (e) is new. Section (f) is new. Section (g) is new. Section (h) is new. Section (i) is new. Section (j) is new. Section (k) is new. Section (l) is new. Section (m) is derived from former Rule 108 a. Section (n) is derived from former Rule 108 b. Section (o) is new, but is derived in part from former section (c) and former M.D.R. 106 e 1 and 2.
Plain-English Summary
Rule 3-124 is a directory: for whatever kind of defendant a plaintiff is suing, it names the specific person who must receive the papers. An individual is served personally or through an authorized agent; an individual under a disability must be served personally and through a parent, guardian, or other person with care or custody of that person or estate. Business entities each get their own formula — a corporation through its resident agent, president, secretary, or treasurer, falling back to a manager, director, or other authorized officer if those primary contacts can't be reached after a good-faith attempt. Limited partnerships, limited liability partnerships, and limited liability companies follow the same pattern: serve the resident agent first, and if there isn't one or a good-faith attempt fails, serve a general partner, member, or other authorized person as applicable. A general partnership or unincorporated association sued in its own group name is served through any general partner, or through an officer or governing-board member.
Government defendants get their own rules. The State of Maryland is served through the Attorney General or someone the Attorney General designates in a filing with the Clerk of the Supreme Court; a state officer or agency is served the same way, or through its own designated resident agent, and if papers land with the Attorney General for an agency that office doesn't ordinarily represent, they must promptly forward them along. Counties, municipalities, and other local entities are served through their designated resident agent, falling back to the chief executive, presiding officer, or a governing-body member. The United States is served through the U.S. Attorney for the District of Maryland (or a designee) and the U.S. Attorney General in Washington; a federal officer or agency is served by serving both the United States and that officer or agency. Section (o) provides a backstop for business entities required by law to maintain a resident agent: when there's no resident agent, the agent has died or moved without updating the address on file, or two good-faith attempts on separate days to serve the resident agent have failed, the plaintiff may serve the State Department of Assessments and Taxation instead, filing two copies of the papers with the required fee.
Frequently Asked Questions
How do I serve a corporation in Maryland District Court?
Serve the corporation's resident agent, president, secretary, or treasurer. If there's no resident agent, or a good-faith attempt to serve one of those officers fails, service may instead be made on the manager, any director, vice president, assistant secretary, assistant treasurer, or another person expressly or impliedly authorized to receive service of process.
What if a company's resident agent can't be found?
Section (o) allows substituted service on the State Department of Assessments and Taxation for a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required to maintain a resident agent, when there is no resident agent, the resident agent is dead or no longer at the address on file, or two good-faith attempts on separate days to serve the resident agent have failed. The plaintiff files two copies of the summons, complaint, and other papers, plus the required fee.
How is the State of Maryland served?
By serving the Attorney General or an individual the Attorney General has designated in a writing filed with the Clerk of the Supreme Court. If the suit attacks the validity of an order issued by a state officer or agency that isn't already a party, that officer or agency must also be served.
How is the United States served?
By serving the United States Attorney for the District of Maryland, or a designee named in a filing with the Chief Clerk of the court, and by also serving the Attorney General of the United States in Washington, D.C. If the case attacks the validity of an order from a federal officer or agency not already a party, that officer or agency must be served too.
Does an individual under a disability get served differently?
Yes. Rule 3-124(c) requires serving both the individual under disability and the parent, guardian, or other person who has care or custody of that person or their estate.
Does this rule replace other statutes about service on specific parties?
No. Section (a) preserves any statute that permits or requires service on a particular person. The Committee note points to examples such as the Maryland Tort Claims Act's requirement that certain claims be served on the State Treasurer and statutes directing service on the Insurance Commissioner or the Secretary of State for particular regulated entities.
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: serving a corporation Marylandresident agent service of processserving an LLC in Marylandserving the State of MarylandSDAT substituted serviceserving the United States governmentserving a partnershipwho to serve in a lawsuit