§ RULE 2-101 COMMENCEMENT OF ACTION

Codes > Maryland Rules > Title 2 > Chapter 100 > RULE 2-101

RULE 2-101. COMMENCEMENT OF ACTION

    (a) Generally. A civil action is commenced by filing a complaint with a court.

    (b) After Certain Dismissals by a United States District Court or a Court of Another State. Except as otherwise provided by statute, if an action is filed in a United States District Court or a court of another state within the period of limitations prescribed by Maryland law and that court enters an order of dismissal (1) for lack of jurisdiction, (2) because the court declines to exercise jurisdiction, or (3) because the action is barred by the statute of limitations required to be applied by that court, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in this State.

    Cross reference: Code, Courts Article, § 5-115.

    (c) After Dismissal by the District Court of Maryland for Lack of Subject Matter Jurisdiction. If an action is filed in the
District Court of Maryland within the period of limitations prescribed by Maryland law and the District Court dismisses the action for lack of subject matter jurisdiction, an action filed in a circuit court within 30 days after the entry of the order of dismissal shall be treated as timely filed in the circuit court.

    Source: This Rule is derived as follows:

    Section (a) is derived from the 1937 version of Fed. R. Civ. P. 3 and former Rules 140 a and 170 a.

    Section (b) is new.

    Section (c) is new.