US · rules
D. Md. L.R. 103.2
Process
a) Number of Copies
i) Cases Subject to Electronic Filing. In cases subject to electronic filing, counsel shall
submit to the Clerk the following number of copies when process is to be served; (a) one (1)
copy of any summons for each party to be served, except that in cases where the United
States, a federal agency or a federal employee in his official capacity is named as a defendant,
five (5) copies of the summons should be submitted; (b) four (4) copies of a warrant for
arrest or summons with process of maritime attachment and garnishment for tangible
property or two (2) copies of such documents for intangible property; and (c) two (2) copies
of all writs, including writs of possession, replevin, execution, garnishment, and attachment
before a judgment.
ii) Cases Exempt from Electronic Filing. In cases exempt from electronic filing, counsel
shall submit to the Clerk the following number of copies when process is to be served: (a)
two (2) copies of any summons for each party to be served, except that in cases where the
United States, a federal agency, or a federal employee in his official capacity is named as a
defendant, six (6) copies of the summons should be submitted; (b) five (5) copies of a
warrant for arrest or summons with process of maritime attachment and garnishment for
tangible property or two (2) copies of such documents for intangible property; and (c) three
(3) copies of all writs, including writs of possession, replevin, execution, garnishment, and
attachment before a judgment.
b) When Served by Marshal
Unless otherwise ordered by the Court, the United States Marshal shall not serve any
process or subpoenas except the following: (a) all process for a party proceeding in forma
pauperis without counsel; (b) warrants of arrests in rem or process of maritime attachment
and garnishment; (c) writs of possession, replevin, execution, garnishment, and attachment
before a judgment; (d) process served under 28 U.S.C. § 2361; and (e) when requested by the
plaintiff, process in suits where the plaintiff is authorized to proceed as a seaman under 28
U.S.C. § 1916. Unless otherwise ordered by the Court, and except for a party who is
proceeding in forma pauperis or as a seaman under 28 U.S.C. § 1916, the Marshal may
require a party to pay or secure the fees and expenses before serving any process which this
Rule requires that the Marshal serve.
c) Waiver Procedure
Whenever the waiver procedure under Fed. R. Civ. P. 4(d) is invoked, counsel shall
submit to the Clerk a notice identifying the defendant(s) to whom the notice and request to
waive service of summons is being sent. The notice shall be filed upon the filing of the
complaint or such later date that counsel decides to invoke the waiver procedure. Plaintiff is
required to promptly file such notice, and failure to do so may result in the Court declining
to impose costs under Fed. R. Civ. P. 4(d) absent a showing of good cause.
d) Issuance of Summons in Self-Represented Cases
To ensure a summons is “properly completed” under Fed. R. Civ. P. 4(b), the Clerk shall
not issue a summons to any self-represented litigant without first obtaining an order from
the Court authorizing issuance of the summons.
Provenance
- Source
- www.mdd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
d021b1ac5054c06159e20264d50c6479b2a9352710dc60014ac3de62969048be
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