Md. R. Civ. P. Cir. Ct. 2-647

As amended through April 5, 2024
Rule 2-647 - Enforcement of Judgment Awarding Possession

Upon the written request of the holder of a judgment awarding possession of property, the clerk shall issue a writ directing the sheriff to place that party in possession of the property. The request shall be accompanied by instructions to the sheriff specifying (a) the judgment, (b) the property and its location, and (c) the party to whom the judgment awards possession. The clerk shall transmit the writ and the instructions to the sheriff. When a judgment awards possession of property or the payment of its value, in the alternative, the instructions shall also specify the value of the property, and the writ shall direct the sheriff to levy upon real or personal property of the judgment debtor to satisfy the judgment if the specified property cannot be found. When the judgment awards possession of real property located partly in the county where the judgment is entered and partly in an adjoining county, the sheriff may execute the writ as to all of the property.

Md. R. Civ. P. Cir. Ct. 2-647

This Rule is new.

Adopted April 6, 1984, eff. 7/1/1984. Amended April 7, 1986, eff. 7/1/1986; 11/21/2013, eff. 1/1/2014; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

2013 Orders

The November 21, 2013, order, added a cross reference to a certain statute to the end of the Rule.

Cross reference: See Code, Real Property Article, § 7-113(c)(1) for an alternate method to take possession of residential real property when the person claiming a right to possession of the property by the terms of a foreclosure sale or court order does not have a court-ordered writ of possession executed by a sheriff or constable. For authority of a sheriff's department to set conditions for removal of personalty or eviction in inclement weather, see Thornton Mellon, LLC v. Frederick County Sheriff, 479 Md. 474 (2022).