When a summons is issued but not served in Maryland, it goes dormant 60 days after issuance and can no longer compel the defendant to answer or appear. The lawsuit itself stays on file, but nothing moves forward against that defendant until the plaintiff obtains a fresh summons and completes valid service, or the court eventually dismisses the case for lack of prosecution.
The 60-Day Dormancy Rule
Maryland Rule 2-113 sets the deadline plainly: a summons is effective only if served within 60 days of the date it was issued.1New York Codes, Rules and Regulations. Maryland Rules, Rule 2-113 – Process–Duration, Dormancy, and Renewal of Summons After day 60, the summons is dormant. Handing it to the defendant on day 61 does not count. The same rule applies in Circuit Court and District Court.
Dormancy is not dismissal. The case remains open, but the court has no personal jurisdiction over an unserved defendant, so nothing can be decided against that person. Think of it as frozen rather than killed. And frozen has costs: every week the summons sits unused pushes the plaintiff closer to a dismissal for lack of prosecution or, worse, a statute of limitations problem.
Renewing a Dormant Summons
The fix for a dormant summons is straightforward. Rule 2-113 lets the plaintiff renew simply by asking the clerk in writing to reissue the summons.1New York Codes, Rules and Regulations. Maryland Rules, Rule 2-113 – Process–Duration, Dormancy, and Renewal of Summons No formal motion, no hearing, no showing that the delay was excusable. The clerk reissues, and a new 60-day service window begins.
There is no hard cap on the number of renewals. But renewing repeatedly without real progress toward service draws the court’s attention. A case that stalls through several renewal cycles starts to look like a case the plaintiff is not actually prosecuting, and that opens a different door.
When the Court Dismisses for Failure to Serve
Maryland courts can dismiss a case when the plaintiff fails to serve within a reasonable time. In District Court, Rule 3-507 makes the timeline explicit: an action against any defendant who has not been served is subject to dismissal one year after the last issuance of original process directed at that defendant.2New York Codes, Rules and Regulations. Maryland Rules Rule 3-507 – Dismissal for Lack of Jurisdiction or Prosecution The court can act on a defendant’s motion or on its own. The dismissal is without prejudice.
Without prejudice means the case was not decided on its merits, and the plaintiff can refile. That sounds forgiving. Often it is not.
The Statute of Limitations Problem
Filing a lawsuit does not pause the statute of limitations. If the limitations period runs out while a plaintiff is struggling with service, the ability to refile after a dismissal may be worth nothing.
Maryland provides a narrow safety net through Courts and Judicial Proceedings Code Section 5-119. When the original case was filed within the limitations period and later dismissed without prejudice, the plaintiff can refile on or before the later of two dates: the original limitations expiration, or 60 days after the dismissal.3Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 5-119 – Limitation on Refiling Claim Dismissed Without Prejudice That 60-day grace period exists because these dismissals often happen after limitations has already lapsed.
Two conditions matter. The original filing had to be timely. And if limitations has already expired, the refiling has to happen within 60 days of the dismissal. Miss that window, and the claim is gone permanently. A plaintiff who lets a summons go dormant and drifts for months is gambling with this deadline whether they know it or not.
When You Cannot Locate the Defendant
Sometimes the defendant is genuinely hard to find. Maryland has two options, and they apply to different kinds of cases.
Court-Ordered Alternative Service
For most civil claims seeking money damages or personal liability, Rule 2-121(c) allows the court to authorize alternative means of service. The plaintiff must show by affidavit that good-faith efforts at standard service have failed and that other available methods are impractical.4New York Codes, Rules and Regulations. Maryland Rules Rule 2-121 – Process–Service–In Personam If the court agrees, it can approve whatever method seems reasonably calculated to give actual notice, such as posting at a last-known address or service through a relative.
One method the court will not approve: electronic service. Maryland has explicitly stated that electronic service cannot be used for initial service of process.5Maryland Courts. How to Electronically Serve Email and social media are off the table for the initial summons and complaint.
Service by Publication
Rule 2-122 permits service by publication, but only in cases involving property or similar claims where jurisdiction is based on the thing rather than the person (in rem or quasi in rem actions). The plaintiff must show by affidavit that the defendant’s whereabouts are unknown despite reasonable efforts to locate them.6New York Codes, Rules and Regulations. Maryland Rules Rule 2-122 – Process–Service–In Rem or Quasi in Rem
When granted, notice must be mailed to the defendant’s last known address and either posted at the courthouse or published once a week for three consecutive weeks in a newspaper of general circulation in the county where the case is pending. The mailing and publication must happen at least 30 days before the response deadline. Publication is not a workaround for ordinary money-damages cases; those still require personal or court-approved service.
What It Means If You Are the Defendant
An unserved summons is not something to celebrate, but it does limit what the court can do. Without valid service, the court has no personal jurisdiction over you and cannot enter a binding judgment. If a plaintiff somehow obtains a default judgment without ever properly serving you, that judgment is vulnerable to being set aside as void for lack of jurisdiction.
Ignoring the situation is still risky. A plaintiff who missed you once will likely renew the summons or ask the court for an alternative method. The lawsuit does not disappear because the summons went dormant. If you learn a case has been filed against you, talking to an attorney before you are formally served leaves you with more options than waiting for a process server or a default judgment notice in the mail.