§ RULE 3-102 TRIAL DATE AND TIME

Codes > Maryland Rules > Title 3 > Chapter 100 > RULE 3-102

RULE 3-102. TRIAL DATE AND TIME

    (a) Fixed by Clerk. Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be not less than 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be not less than 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed.

    Cross reference: See Rule 3-307 concerning the time for filing a notice of intention to defend.

    (b) Reassignment. Subject to section (c) of this Rule, when service of process is not made and the summons becomes dormant pursuant to Rule 3-113, the clerk shall cancel the assigned trial date. If the summons is renewed pursuant to Rule 3-113, the clerk shall assign a new trial date and shall notify the plaintiff of the reassignment.

    (c) Multiple Defendants. When multiple defendants are joined in the action and one or more, but not all, are served, the action shall be tried as to those served on the assigned trial date unless continued pursuant to Rule 3-508.

    Source: This Rule is derived as follows:

    Section (a) is derived from former M.D.R. 101 a.

    Section (b) is in part new and in part derived from former M.D.R. 103 e.

    Section (c) is derived from former M.D.R. 103 g.