Rule 3-126.Process — Return

Rule 3-126 closes the loop on service: once someone has served process, they have to tell the court, in writing, how they did it. Section (a) sets the timing — proof must be filed promptly, and no later than the deadline for the person served to respond. For service by hand delivery, the proof must identify who was served, when, and the place and manner of service; if service was made by leaving papers at a defendant's home under Rule 3-121(a)(2), the filer also has to describe the individual served and explain why that person appeared to be of suitable age and discretion. A private process server who isn't a sheriff or clerk must file a sworn affidavit with their name, address, and phone number and a statement that they're 18 or older; if they served by certified mail, they must attach the original signed return receipt. When the clerk handles certified mail service, the clerk files the returned receipt as proof once the post office sends it back.

The remaining sections round out the return requirements. Section (b) covers service by publication or posting under Rule 2-122, requiring the server's contact information, proof of compliance with that rule, a copy of the notice, and treating the publisher's certificate as proof of publication. Section (c) covers any other kind of process execution, filed promptly under whatever rule or statute governs it. Section (d) gives a server who couldn't complete service a deadline of its own: file a return as soon as practicable, and no later than ten days after the process expires. Section (e) requires the return to include a copy of the process if it was served, or the original if it wasn't. Section (f) sets where returns go — generally the court that issued the process, plus the court of any other county where a property writ was executed. Finally, section (g) makes clear that failing to file proof of service doesn't undo service that happened; the paperwork requirement and the underlying validity of service are separate questions.