Representing yourself in a case and need help with the forms? Visit the How Do I Represent Myself? page.
Visit the following pages for the next steps in civil and family cases:Once you file your case with the Court, the filed document and a Summons (a Court-issued form directing the person to respond to the complaint, motion, or petition) must be delivered (“served”) to the opposing party by the Montgomery County Sheriff's Office (for Montgomery County addresses only), a private process server, a neutral third party, or by certified mail within 60 days. YOU CANNOT SERVE THE OTHER PARTY YOURSELF.
Download the Service of Process Brochure (PDF).
Service can be provided in one of several ways:
If you choose to have service provided by the Sheriff in Montgomery County, their office will notify the Court once service is complete. If service is made by private process, certified mail, or by a Sheriff in another County, however, you must have an Affidavit of Service completed by the person serving the other side, and then file the Affidavit and a copy of the summons, with the Court:
Download the Affidavit of Service by Private Process (PDF)
Download the Affidavit of Service by Certified Mail (PDF)
In situations where you have made several attempts to serve the other side by using different methods, but have been unsuccessful, ask the Clerk of the Court, in writing, to issue a new Writ of Summons if the other side has not been served within 60 days.
People's Law Library of Maryland Frequently Asked Questions About "Service of Process."
The served party has to respond to a Summons within a certain time, indicating whether or not he/she agrees with the complaint, motion, or petition, and how he/she believes issues listed in the filed papers should be handled. If the respondent fails to file the necessary paperwork (an "Answer") within the time specified on the Summons in the Court, the Court assumes that he or she agrees to its terms.
If the other side does not file an Answer, in order for the case to proceed, you must file a Request for an Order of Default (PDF).
If a party is served | The party should answer within |
---|---|
In Maryland | 30 days after service |
In another state | 60 days after service |
Outside the United States | 90 days after service |
If you believe that the other party is at fault, you may file a counterclaim.
A hearing date is automatically scheduled in Montgomery County when you file an Affidavit of Service, when the Sheriff files a Return of Service, or when the other party files an Answer.
If you have to miss your court date because of an emergency, call the Assignment Office (240-777-9000) BEFORE you are scheduled to be in court.
Make sure you arrive at the Circuit Court early.
Check the television monitors in the lobby for the location of the courtroom or hearing room where your case is assigned. If your case is not listed, check with the Assignment Office on the 1st floor of the North Tower (next to the security station at the Maryland Avenue entrance).
If divorce is an issue before the Court or Family Magistrate at the hearing, your witness(es) must corroborate your grounds for divorce. The other side will also have a chance to tell their story and can present the same kinds of evidence. Both sides will have a chance to cross-examine the other side and the other side's witnesses. The Court will not grant a divorce if you do not have a corroborating witness.
It is important to remember that a Magistrate's recommendation is not a court order. A court order must be prepared restating the magistrate's recommendation and signed by a judge to be enforceable.