Rule 2-321.Time for filing answer
Circuit Court · Last amended January 1, 2016 · Last verified July 13, 2026
Full Text of Rule 2-321
Amendment History
Amended Jan. 10, 1995, effective Feb. 1, 1995; Nov. 12, 2003, effective Jan. 1, 2004; December 7, 2015, effective January 1, 2016.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is new.
Section (b) Subsection (b) (1) is derived from former Rules 107 b and 307 c (4).
Plain-English Summary
The default deadline for filing an answer in circuit court is 30 days after service. That default shifts in several recurring situations. A defendant served outside Maryland but still within the United States gets 60 days. A defendant served by publication or posting under Rule 2-122 answers within whatever time the published or posted notice specifies. A person served through a statutory resident agent — the State Department of Assessments and Taxation, the Insurance Commissioner, or another authorized state agency — gets 60 days, and the same 60-day period applies to the United States or a federal officer or agency served under Rule 2-124(m) or (n). A defendant served outside the United States altogether gets 90 days. And if some other rule or statute sets a different deadline for a particular kind of case, that deadline controls instead.
Filing a preliminary motion under Rule 2-322 doesn't just pause the case — it resets the answer clock. The rule extends the time to answer, automatically and without a separate court order, to 15 days after the court rules on the motion. The same 15-day extension applies when a case is remanded from an appellate court or a federal court, and when the court grants a motion for a more definite statement, the extension runs 15 days from service of that more definite statement.
Frequently Asked Questions
How many days does a defendant have to answer a complaint in Maryland?
30 days after being served, unless one of the rule's exceptions applies.
Does filing a motion to dismiss extend the time to answer?
Yes. Filing a motion under Rule 2-322 automatically extends the time to answer to 15 days after the court enters its order on the motion — no separate order is needed.
What if I'm served outside Maryland?
A defendant served outside Maryland but within the United States has 60 days to answer. A defendant served outside the United States has 90 days.
What deadline applies to service by publication?
A defendant served by publication or posting under Rule 2-122 must answer within the time stated in the published or posted notice.