Md. R. Prop. Act'n 12-405

As amended through October 15, 2024

Rule 12-405 - Process; Preliminary Matters

(a) Process

(1) In Personam

Service of process in a partition action shall be made pursuant to Rule 2-121.

(2) In Rem or Quasi in Rem

(A) By Order of Court

If, on affidavit of the plaintiff, the court finds that the plaintiff has used reasonable diligence to ascertain the identity and residence of the persons entitled to receive service of process and to serve a summons on such persons, the court may order service pursuant to Rule 2-122. The order shall direct that a copy of the summons, complaint, and the order for publication shall be mailed to a party if the party's address is discovered prior to the expiration of the time prescribed in the order for publication of the summons.

Cross reference: See Code, Real Property Article, § 14-705.

(B) Plaintiff's Obligations upon Service by Publication

If the court orders service by publication, the plaintiff shall (i) post, no later than ten days after the date the order is issued, a copy of the summons, complaint, and publication notice in a conspicuous place on the property that is the subject of the action; (ii) file proof that the summons has been served, posted, and published as required in the order; and (iii) ensure that the legal description and street address or other common designation, if any, of the property are included in the publication.

Cross reference: See Code, Real Property Article, § 14-706.

(b) Preliminary Matters

Upon motion of any party or on its own initiative, the court may issue an order:

(1) for the appointment of an attorney to protect the interest of any party to the same extent and effect as provided under Rule 2-203;

(2) to require joinder of any additional parties that are necessary and proper; and

(3) to require that the plaintiff (A) procure a title report supported by an affidavit by the person making the title search that a complete search of the public records has been performed in accordance with generally accepted standards of title examination for the appropriate period as determined by the court, but not less than 60 years, and (B) designate a place where the title report shall be kept for inspection, use, and copying by the parties.

Md. R. Prop. Act'n 12-405

This Rule is new.

Adopted April 21, 2023, eff. 7/1/2023.

See Code, Real Property Article, § 14-703.