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(5) A defendant who is served with an original pleading<br />

outside of the United States shall file an answer within 90 days<br />

after being served.<br />

(6) If rules for special proceedings, or statutes of this<br />

State or of the United States, provide for a different time to<br />

answer, the answer shall be filed as provided by those rules or<br />

statutes.<br />

. . .<br />

Source: This Rule is derived as follows:<br />

Section (a) is new.<br />

Section (b)<br />

Subsection (b)(1) is derived from former Rules 107 b <strong>and</strong> 307<br />

c (4).<br />

Subsection (b)(2) is derived from former Rule 307 a 2.<br />

Subsection (b)(3) is derived from former Rule 106 e 3 as<br />

cross referenced in former Rule 307 c (6).<br />

Subsection (b)(4) is derived from former Rule 108 d as cross<br />

referenced in former Rule 307 c (5).<br />

Subsection (b)(5) is derived from former Rule 107 b as cross<br />

referenced in former Rule 307 c (4).<br />

Subsection (b)(6) is new.<br />

Section (c) is new but is consistent with the concept of FRCP<br />

12 the 1966 version of Fed. R. Civ. P. 12.<br />

REPORTER’S NOTE<br />

The proposed amendments to Rule 2-321 correct an incorrect<br />

reference to “section (f)” of Rule 2-124, which should be to<br />

“section (m) or (n)” of that Rule <strong>and</strong> make stylistic changes to<br />

conform subsection (b)(3) to the style of proposed new subsection<br />

(b)(2)(B) of Rule 3-307.<br />

-117-

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