Circuit Court for Prince George's County Service and Proof of Service Rules

Applies to

CINA petition

Service

Mail

When a CINA petition is filed without a shelter care request, the Clerk’s Office must mail summons to the parent, guardian, or custodian and prepare an appointment order for the child’s counsel.

The County Attorney's Office or the Department of Social Services files a CINA petition. If there is no shelter care request when the petition is filed, the Clerk’s Office issues and mails summons for the parent, guardian, or custodian and prepares the appointment order for counsel for the child.

The summons must be served within 60 days and, together with the original complaint, delivered by certified mail with restricted delivery receipt, private process, or the sheriff.

The summons has a 60‐day time limit to serve the defendant. After the time limit has expired, the summons is no longer valid, unless renewed by motion of the plaintiff. The original complaint and summons must be delivered to the defendant. There are three legal ways to deliver these documents to the defendant: 1) Certified Mail with Restricted Delivery Receipt; 2) Private Process; and 3) Sheriff.

An Affidavit of Service, using forms CC-DR-55 or CC-DR-56, must be filed.

b) Proof of Service. The court requires an Affidavit of Service (CC‐DR‐55 and CC-DR-56) form to be filed.

Applies to

Complaint, summons, and case information form

The plaintiff must deliver the original complaint, summons, and Case Information Form to the defendant.

The original complaint, summons, and Case Information Form must be delivered to the defendant.

An Affidavit of Service using form CC-DR-55 or CC-DR-56 must be filed.

(b) Proof of Service. The court requires an Affidavit of Service (CC‐DR‐55 or CC-DR-56) form to be filed.

Service

Mail

Service remains incomplete until the service receipt is filed with the court.

Service is not complete until the receipt is filed with the court.

Applies to

Judgment

Service

Mail to all parties

After the clerk enters judgment, both parties receive a copy of the judgment by mail.

After the Court issues a judgment and it is entered into the record by the Clerk’s office, both parties will receive a copy of the judgment by mail.

A prevailing party seeking to garnish wages or accounts or seize money or property must provide the other party with copies of all motions and correspondence filed with the court.

The prevailing party must file documents with the Court and provide the other party with copies of all motions or correspondence filed with the Court in order to garnish or seize money or property.

The defendant must be served with a summons to appear when the trial date is set at arraignment.

When the trial date is set at the arraignment, the defendant is served with a summons to appear.

Service

Mail

When arraignment is waived because the defendant is represented by counsel, a summons for the next scheduled event may be served by mail or in person.

If the arraignment has been waived because the defendant is represented by counsel, a summons is served by mail or in person for the next scheduled event.

Applies to

Complaint, summons, and case information form

The complaint, summons, and Case Information Form may be delivered to the defendant by certified mail with restricted delivery receipt, private process, or the sheriff.

There are three legal ways to deliver these documents to the defendant: 1) Certified Mail with Restricted Delivery Receipt 2 ; 2) Private Process; and 3) Sheriff.

Applies to

Notice of foreclosure action

Service

Mail

The Clerk’s Office mails the homeowner a Notice of Foreclosure Action with information and assistance resources.

The Clerk’s Office will then mail to the homeowner a Notice of Foreclosure Action which provides available resources of information and assistance regarding the foreclosure process.

A complaint for Confessed Judgment is exempt from the proof-of-service requirement.

A complaint for Confessed Judgment requires an affidavit but no proof of service (Rule 2-611)