# Md. Rule 1-321: Rule 1-321. Service of Pleadings and Papers Other than Original Pleadings

> Maryland · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_321

## Section

- **Citation:** Md. Rule 1-321
- **Heading:** Rule 1-321. Service of Pleadings and Papers Other than Original Pleadings
- **Jurisdiction:** Maryland
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Maryland Rules / Title 1 General Provisions / Chapter 300 General Provisions / Md. Rule 1-321

## Text

(a) Generally. Except as otherwise provided in these rules or by order of court, every pleading and other paper filed after the original pleading shall be served upon each of the parties. If service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address. Delivery of a copy within this Rule means: handing it to the attorney or to the party; or leaving it at the office of the person to be served with an individual in charge; or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving it at the dwelling house or usual place of abode of that person with some individual of suitable age and discretion who is residing there. Service by mail is complete upon mailing.
(b) Service After Entry of Limited Appearance. Every document required to be served upon a party's attorney that is to be served after entry of a limited appearance also shall be served upon the party and, unless the attorney's appearance has been stricken pursuant to Rules 2-132 or 3-132, upon the limited appearance attorney.
(c) Party in Default--Exceptions. No pleading or other paper after the original pleading need be served on a party in default for failure to appear except:
(1) a pleading asserting a new or additional claim for relief against the party shall be served in accordance with the rules for service of original process; and
(2) a request for entry of judgment arising out of an order of default under Rule 2-613 shall be served in accordance with section (a) of this Rule.
the original pleading need be served on a party in default for failure to appear except:
(1) a pleading asserting a new or additional claim for relief against the party shall be served in accordance with the rules for service of original process; and
(2) a request for entry of judgment arising out of an order of default under Rule 2-613 shall be served in accordance with section (a) of this Rule.
(d) Requests to Clerk--Exception. A request directed to the clerk for the issuance of process or any writ need not be served on any party.
(e) Proceedings to Modify Judgment in a Civil Action. If a motion, petition, or other paper that initiates proceedings to modify a judgment in a civil action is filed more than 30 days after entry of the judgment, it shall be served, together with a summons issued pursuant to Rule 2-114 or 3-114, as applicable, in accordance with the rules for service of an original pleading.
Cross reference: For the time for filing a response to an original pleading, see Rules 2-321 and 3-307.
Committee note: A certificate of service under Rule 1-323 is not required when a motion, petition, or paper is treated as an original pleading pursuant to section (e) of this Rule.
Section (a) is derived from former Rule 306 a 1 and c and the 1980 version of Fed. R. Civ. P. 5 (a).
Section (b) is new.
Section (c) is derived from former Rule 306 b and the 1980 version of Fed. R. Civ. P. 5 (a).
Section (d) is new.
Section (e) is new.

## Nearby sections

- [Md. Rule 1-301 Rule 1-301. Form of Court Papers](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_301.md)
- [Md. Rule 1-302 Rule 1-302. Forms](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_302.md)
- [Md. Rule 1-303 Rule 1-303. Form of Oath](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_303.md)
- [Md. Rule 1-304 Rule 1-304. Form of Affidavit](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_304.md)
- [Md. Rule 1-311 Rule 1-311. Signing of Pleadings and Other Papers](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_311.md)
- [Md. Rule 1-312 Rule 1-312. Requirements of Signing Attorney](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_312.md)
- [Md. Rule 1-313 Rule 1-313. Certification by Signing Attorney with Out–of–State Office](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_313.md)
- [Md. Rule 1-314 Rule 1-314. Disclosure Statement by Nongovernmental Corporate Party](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_314.md)
- [Md. Rule 1-321 Rule 1-321. Service of Pleadings and Papers Other than Original Pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_321.md)
- [Md. Rule 1-322 Rule 1-322. Filing of Pleadings, Papers, and Other Items](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_322.md)
- [Md. Rule 1-322.1 Rule 1-322.1. Exclusion of Personal Identifier Information in Court Filings](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_322_1.md)
- [Md. Rule 1-323 Rule 1-323. Proof of Service](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_323.md)
- [Md. Rule 1-324 Rule 1-324. Notification of Orders, Rulings, and Court Proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_324.md)
- [Md. Rule 1-325 Rule 1-325. Waiver of Costs Due to Indigence—Generally](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_325.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MD_T1_R1_321. Check the current official text before relying on it. Not legal advice.
