(a) For lack of jurisdiction. — An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of one year from the last issuance of original process directed to that defendant.
Rule 3-507.Dismissal for lack of jurisdiction or prosecution
District Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 3-507 lets the District Court clear out cases that have stalled, either because a defendant was never served or because nothing has happened on the docket in a year, while giving a party a path to revive the case for good cause.
Full Text of Rule 3-507
(b) For lack of prosecution. — An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 3-131, or Rule 3-132.
(c) Entry of dismissal. — On motion of a defendant or on its own initiative, the court may dismiss an action without prejudice for lack of jurisdiction or prosecution.
(d) Notification of dismissal. — When an action is dismissed pursuant to section (c) of this Rule, the clerk shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of jurisdiction or prosecution has been entered and that the order of dismissal may be vacated and the action reinstated on motion filed within 30 days after service of the notice and for good cause shown.
(e) Vacation of order. — On motion filed at any time within 30 days after service of the notice, the court for good cause shown may vacate the order of dismissal and reinstate the action for the period and on the terms it deems proper.
Committee Note & Source
Source. This Rule is in part derived from former M.D.R. 530 and in part new.
Plain-English Summary
This rule addresses two ways a case can go stale. The first is a defendant who was never served and over whom the court never got jurisdiction: once a year has passed since the last original process was issued for that defendant, the action against that defendant becomes subject to dismissal. The second is a case with no activity at all — if a year goes by since the last docket entry, not counting entries made under this rule or under Rules 3-131 or 3-132, the whole action can be dismissed for lack of prosecution.
Neither type of dismissal happens automatically. The court has to act, either on a defendant's motion or on its own initiative, and the dismissal is without prejudice. When the court does dismiss under this rule, the clerk has to notify every party that the order was entered and that the case can still be revived — the notice has to explain that a party has 30 days from service of the notice to move to vacate the dismissal and reinstate the case, for good cause.
That 30-day window is the party's real safety net. On a timely motion showing good cause, the court can vacate the dismissal order and put the case back on track, setting whatever terms and time period it thinks proper for reinstatement.
Frequently Asked Questions
My case sat on the docket for over a year with nothing happening. Is it automatically dismissed?
No. Dismissal for lack of prosecution requires the court to act, either on a defendant's motion or on its own initiative, after a year has passed since the last docket entry (other than entries made under this rule or Rules 3-131 and 3-132).
A defendant in my case was never served. When can that defendant be dismissed from the case?
Once a year has passed since the last original process was issued for that defendant, the action against that defendant becomes subject to dismissal for lack of jurisdiction.
My case got dismissed for lack of prosecution. Can I get it back?
Yes, if you act fast. The clerk's notice of dismissal tells you that you have 30 days from service to move to vacate the order and reinstate the case, for good cause shown. The court can set whatever terms it thinks proper when it reinstates the action.
Is a dismissal under this rule with prejudice?
No. Dismissal for lack of jurisdiction or prosecution under Rule 3-507 is without prejudice, though the case still has to be reinstated within the 30-day window to avoid losing it in practice.
How does the clerk let me know the case was dismissed?
The clerk serves a notice on all parties stating that the order of dismissal was entered and explaining that it may be vacated and the action reinstated on a motion filed within 30 days after service, for good cause.
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: case dismissed for lack of prosecution marylandnever served defendant dismissedreinstating a dismissed district court casemotion to vacate dismissalMD Rule 3-507