(a) To be filed with court — When service not required. — The defendant, including a counter- defendant, cross-defendant, and third-party defendant, shall file with the court a notice of intention to defend which may include any explanation or ground of defense. When the defendant is represented by an attorney, the notice shall be served in accordance with Rule 1-321. A defendant not represented by an attorney need not serve the notice on any party.
Rule 3-307.Notice of intention to defend
District Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceA defendant sued in District Court must file a notice of intention to defend within 15 days (60 in some cases) or risk having liability decided without them.
Full Text of Rule 3-307
(b) Time for filing. —
(1) Generally. — Except as provided by subsection (b)(2) of this Rule, the notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim.
(2) Exceptions. — A defendant shall file the notice within 60 days after being served if the defendant is:
(A) served outside of the State;
(B) a person who is required by statute of this State to have a resident agent and who is served by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process; or
(C) the United States or an officer or agency of the United States served pursuant to Rule 3-124 (m) or (n).
(c) Identity of attorney. — If the defendant is represented by an attorney, the notice shall contain the attorney’s name, office address and telephone number.
(d) Notice to parties. — When the defendant files a notice pursuant to this Rule, the clerk promptly shall mail notice of the filing to other parties.
(e) Effect of failure to file notice. — If a defendant fails to file a timely notice of intention to defend pursuant to this Rule, the court, on the date set for trial, may determine liability and assess damages based on ex parte proof by the plaintiff, unless the defendant appears and the court is satisfied that the defendant may have a defense to the claim. In that event, the court shall proceed with trial or, upon request of the plaintiff, may grant a continuance for a time sufficient to allow the plaintiff to prepare for trial on the merits.
Amendment History
Amended Nov. 20, 1984, effective Jan. 1, 1985; Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Source. This Rule is derived in part from former M.D.R. 302 and is in part new.
Plain-English Summary
District Court cases skip the answer that circuit court defendants file. Instead, a defendant served with a complaint, counterclaim, cross-claim, or third-party claim files a short notice of intention to defend. The notice can include the reasons or grounds for the defense, but it doesn't have to lay out a full legal argument. If the defendant has a lawyer, the notice must give the lawyer's name, office address, and phone number, and the lawyer has to serve it on the other parties. A defendant handling the case alone doesn't need to serve anyone; filing with the court is enough.
Timing matters. The general deadline is 15 days after service. Three groups get 60 days instead: defendants served outside Maryland, defendants served through a state agency because they're required to keep a resident agent (such as a corporation served through the State Department of Assessments and Taxation or the Insurance Commissioner), and the United States or a federal officer or agency served under the rule governing federal defendants. Once a notice is filed, the clerk mails word of it to the other parties.
Missing the deadline doesn't end the case automatically. It sets up what happens on the trial date: the court can decide liability and damages based on the plaintiff's evidence alone, unless the defendant shows up and convinces the court there may be a real defense. If that happens, the court either proceeds with trial or, if the plaintiff needs more time to prepare because the case suddenly looks contested, grants a continuance.
Frequently Asked Questions
What is a notice of intention to defend?
It's the District Court's version of an answer. It tells the court and the other side that the defendant intends to contest the case. It can include an explanation of the defense, but detailed legal argument isn't required.
How long do I have to file it?
Fifteen days after being served, in most cases. Defendants served outside Maryland, defendants served through a state agency that receives process on behalf of an out-of-state business, and the United States or a federal officer or agency get 60 days.
What happens if I don't file a notice of intention to defend?
On the trial date, the court can rule against the defendant and award damages based only on the plaintiff's evidence. If the defendant shows up and the court thinks there might be a real defense, the case goes forward instead, sometimes after a continuance so the plaintiff can prepare.
Do I have to serve the other parties with my notice?
Only if a lawyer is filing it on the defendant's behalf. A self-represented defendant just files the notice with the court, and the clerk takes care of notifying the other parties.
Does filing a notice of intention to defend start any other deadlines?
Yes. The deadline for filing counterclaims, cross-claims, jury trial demands, and responses to some motions is measured from the date a notice of intention to defend was due, so this filing anchors several other deadlines in the case.
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: notice of intention to defenddistrict court answer deadline marylandhow to respond to a district court complaintdistrict court default judgment maryland15 day deadline district court60 day deadline out of state defendant