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r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

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MARYLAND <strong>RULES</strong> <strong>OF</strong> PROCEDURE<br />

TITLE 2 - CIVIL PROCEDURE - CIRCUIT COURT<br />

CHAPTER 100 - COMMENCEMENT <strong>OF</strong> ACTI<strong>ON</strong> AND PROCESS<br />

AMEND Rule 2-126 to add a Committee note following section<br />

(e) and to make a certain stylistic change, as follows:<br />

Rule 2-126. PROCESS - RETURN<br />

. . .<br />

(e) Return to Include Process<br />

A return shall include a copy of the process if served and<br />

or the original process if not served.<br />

Committee note: Rule 1-202 defines “process” as “any written<br />

order issued by a court to secure compliance with its commands or<br />

to require action by any person and includes a summons, subpoena,<br />

an order of publication, a commission or other writ.”<br />

. . .<br />

REPORTER’S NOTE<br />

Proposed amendments to Rules 2-126 and 3-126 add a Committee<br />

note that contains the definition of “process” set forth in Rule<br />

1-202. The Rule change is proposed in response to correspondence<br />

from Hon. Dana M. Levitz, who has noticed that requests for<br />

orders of default are being made without a return of service of<br />

process having been made.<br />

-8-

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