What Does Maryland Rule 2-507 letter mean in relation to Custody of a child?

Asked over 2 years ago - Potomac, MD

2-507 letter

Attorney answers (3)

  1. Vance R Redmond

    Pro

    Contributor Level 11
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    Answered . In Montgomery County, Maryland, the clerk's office will send such a Notice for lack of prosecution in a case. Unless you want your case dismissed, you need to serve the opposing party and file a Proof of Service as soon as possible. You should consult an experienced family law attorney for assistance.

    This answer is provided for informational purposes only. It is not offered as legal advice and does not create an attorney-client relationship between the author and the reader. The author is an attorney licensed to practice law in the State of Maryland and the article is based solely on Maryland law.

    This answer is provided for informational purposes only. It is not offered as legal advice and does not create an... more
  2. Thomas C Valkenet

    Pro

    Contributor Level 18

    Answered . The case is at risk of dismissal, unless someone files a request to defer operation of the Rule. Here is the actual rule:

    Rule 2-507. Dismissal for lack of jurisdiction or prosecution

    (a) Scope. This Rule applies to all actions except actions involving the military docket and continuing trusts or guardianships.

    (b) For lack of jurisdiction. An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of 120 days from the issuance of original process directed to that defendant.

    (c) For lack of prosecution. An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 2-131, or Rule 2-132, except that an action for limited divorce or for permanent alimony is subject to dismissal under this section only after two years from the last such docket entry.

    (d) Notification of contemplated dismissal. When an action is subject to dismissal pursuant to this Rule, the clerk, upon written request of a party or upon the clerk's own initiative, shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of jurisdiction or prosecution will be entered after the expiration of 30 days unless a motion is filed under section (e) of this Rule.

    (e) Deferral of dismissal. On motion filed at any time before 30 days after service of the notice, the court for good cause shown may defer entry of the order of dismissal for the period and on the terms it deems proper.

    (f) Entry of dismissal. If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket "Dismissed for lack of jurisdiction or prosecution without prejudice" 30 days after service of the notice. If a motion is filed and denied, the clerk shall make the entry promptly after the denial.

  3. Alejandro Radice

    Contributor Level 7

    Answered . It means that if you do not do something to keep the custody case active, it will be dismissed and you will need to re-open the case or file a new case. This usually happens where there is no service of process or parties simply do not wish to proceed with the case. If you have resolved whatever problem caused you to file in the first place, then do nothing. If the problem has not been resolved, get an attorney or seek advice from an attorney about what steps should be taken next.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

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