Rule 3-123. Process—by Whom Served

(a) Generally Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action.

(b) Sheriff

(1) All process requiring execution other than delivery, mailing, or publication shall be executed by the sheriff of the county where execution takes place, unless the court orders otherwise and notwithstanding subsection (b)(2)

(2) Upon a request from a plaintiff in an action to repossess nonresidential property under Code, Real Property Article, § 8-401, service of process on a tenant may be directed to any person authorized to serve process under section (a), in addition to the service required under subsection (b)(1)

(c) Elisor When the sheriff is a party to or interested in an action so as to be disqualified from serving or executing process, the court, on application of any interested party, may appoint an elisor to serve or execute the process. The appointment shall be in writing, signed by a judge, and filed with the clerk issuing the process. The elisor has the same power as the sheriff to serve or execute the process for which the elisor was appointed and is entitled to the same fees.

Committee Notes

Source: This Rule is derived as follows: Section (a) is derived from former M.D.R. 104 b 1 and h 2 and 116 a. Section (b) is in part derived from former M.D.R. 116 a and is in part new. Section (c) is derived from former M.D.R. 117 a and b.