Maine Rules of Civil Procedure, effective June 1, 2026

RULE 26. GENERAL PROVISIONS GOVERNING DISCOVERY

(2) If depositions, interrogatories, requests or answers or responses thereto are to be used at trial, other than for purposes of impeachment or rebuttal, or are necessary to a ruling on a motion, the complete original of the transcript of the discovery material to be used, prepared in accordance with Rule 5(f), shall be filed with the clerk 7 days prior to trial or at the filing of the motion insofar as their use can be reasonably anticipated by the parties. A party relying on discovery transcripts or materials in support of or in opposition to a motion shall file with the memorandum required by Rule 7(b)(3) a list of specific citations to the parts on which the party relies. Discovery transcripts and materials thus filed with the court shall be returned to appropriate counsel after final disposition of the case.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 5. SERVICE, FILING, AND FORM OF PLEADINGS

(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every document relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, notice of change of attorneys, pretrial memorandum, demand, offer of judgment, designation of record and statement of points on appeal, and similar document shall be served upon each of the parties no later than the date on which the document is filed with the court, but no service need be made on parties in default for failure to appear except that (1) pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4, and (2) when applicable, a copy of a request for default or default judgment must be mailed as set forth in Rule 55(f).

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 16. Scheduling of actions for trial from the lists shall be at the direction of

(d) Unavailable Witness or Evidence. The court need not entertain any motion for a continuance based on the absence of a material witness unless supported by an affidavit which shall state the name of the witness, and, if known, that witness’ residence, a statement of that witness’ expected testimony and the basis of such expectation, and the efforts which have been made to procure that witness’ attendance or deposition. The party objecting to the continuance shall not be allowed to contradict the statement of what the absent witness is expected to testify but may disprove any other statement in such affidavit. Such motion may, in the discretion of the court, be denied if the adverse party will admit that the absent witness would, if present, testify as stated in the affidavit, and will agree in writing, signed by that party or that party’s attorney, that the same shall be received and considered as evidence at the trial as though the witness were present and so testified. The same rule shall apply, with necessary changes, when the motion is grounded on the want of any material document, thing or other evidence. In all cases, the grant or denial of a continuance shall be discretionary whether the foregoing provisions have been complied with or not.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 30. DEPOSITIONS UPON ORAL EXAMINATION

(a) When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, either within or without the state, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons, complaint, and notice regarding Electronic Service upon any defendant, except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision (b)(2) of this rule. Unless otherwise ordered by the court, each party to the action may take no more than 5 depositions. The attendance of witnesses may be compelled by subpoena as

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 80L. JURY TRIAL DE NOVO IN SMALL CLAIMS

If either party intends to offer witnesses or exhibits not offered at the trial in the District Court, that party shall file a list of the names and addresses of such witnesses and a brief description of such exhibits within 10 days after notification that the action has been placed upon a jury trial list or, if pretrial memoranda or a pretrial conference have been ordered, at the time set by the court for such memoranda or conference. The opposing party may file a similar list and description in reply within 10 days, or as ordered by the court. No witness or exhibit may be offered in the Superior Court unless it was offered in the District Court or appears on a list filed in accordance with this paragraph.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 7. PLEADINGS ALLOWED: FORM OF MOTIONS

(3) Any party filing a motion, except motions for enlargement of time to act under these rules, for continuance of trial or hearing, or any motion agreed to in writing by all counsel, shall file with the motion or incorporate within said motion (1) a memorandum of law which shall include citations of supporting authorities, (2) a draft order which grants the motion and specifically states the relief to be granted by the motion, and (3) unless the motion may be heard ex parte, a notice of hearing if a hearing date is available. When a motion is supported by affidavit, the affidavit shall be served with the motion.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 110A. PREHEARING SCHEDULE AND PROCEDURE FOR CASES

(a) Family Law Magistrates. In all Family Division actions involving minor children, and subject to the Family Division Rules, including all actions that have been transferred to the District Court from the Probate Court, Family Law Magistrates shall have authority to: (1) hold case management conferences and other prehearing or pretrial conferences including judicial settlement conferences; (2) determine whether a party or counsel may attend a conference, mediation or hearing by telephone; (3) issue interim orders before judgment under Rule 107(a) and act on motions for expedited hearings under Rule 107(c); (4) issue final orders establishing or modifying child support; (5) order genetic testing; and (6) issue orders in child support enforcement actions. In uncontested proceedings, magistrates may issue divorce judgments, paternity judgments, parentage judgments, judicial separation decrees, final orders establishing parental rights and responsibilities, guardianship orders, name-change orders, and orders on post-judgment motions modifying any such original orders.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 114. TRIAL

(a) Trial Process. A judge, or a magistrate where authorized, shall preside over the trials of all issues presented for decision in accordance with this chapter and the child support guidelines. The Maine Rules of Evidence shall govern trials, except that where a witness is presented as an expert on any issue, the court may, in its discretion, allow or require that a written report of the expert be offered in lieu of all or a portion of that individual’s direct testimony. However, the expert must be available for cross-examination and questioning by the court and for any redirect examination on issues that are fairly raised in the cross-examination or questioning by the court. The proponent of the report shall request a prehearing conference before the trial to address all issues surrounding use of the expert’s report, when the court has not previously addressed those issues.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 137. TRIAL

(c) Continuances. Any request to continue a trial date must strictly comply with Rule 40. The court will not grant continuances based upon the unavailability of a witness in circumstances where the matter may be resolved by securing the agreement of the other parties or an order of the court concerning alternative methods for the presentation or admission of evidence. Because the purpose and goals of the BCD include providing predictable judicial action and promoting an effective and efficient process for resolving such disputes, continuances are disfavored and the granting of continuances shall be considered the exception and not the rule. The pendency of any motion shall not delay the start of trial.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 134. MOTION PRACTICE

(c) Unopposed Motions for Enlargement of Deadlines. Unopposed motions pursuant to Rule 6(b)(1) that (a) do not expand the time for filing a jury trial demand or the completion of discovery, and (b) do not alter the dispositive motion deadline or the scheduled trial date, may be presented to the court through a proposed order only. The proposed order shall state that all parties are aware of and do not oppose entry of the order. The presentation of an unopposed motion for the enlargement of deadlines does not mandate corresponding approval by the court.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 110B. PREHEARING PROCEDURE FOR CASES

(3) Motions to Proceed to Contested Interim Hearing Before Initial Case Management Conference. In exceptional circumstances, a court may grant a party’s motion to dispense with the initial case management conference and set the matter promptly for interim hearing. The motion shall include the contested issue for the interim hearing, the estimated number of witnesses, the estimated length of time needed for the interim hearing, and a proposed order. In no case shall the interim hearing be longer than three hours.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 27. DISCOVERY BEFORE ACTION OR PENDING APPEAL

(3) Order and Examination. If the court is satisfied that the perpetuation of the testimony or other discovery may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written questions; or shall make an order designating or describing the persons from whom discovery may be sought under Rule 34 and specifying the objects of such discovery; or shall make an order for a physical or mental examination as provided in Rule 35. Discovery may then be had in accordance with these rules. For the purpose of applying these rules to discovery before action, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such discovery was filed.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 39. TRIAL BY JURY OR BY THE COURT

(a) By Jury. When trial by jury has been demanded as provided in Rule 38 or Rule 76C, the action shall be placed on the Jury Trial List when appropriate under Rule 16, and the trial of all issues so demanded shall be by jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the court or by oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury or (2) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the State of Maine.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 135. JOINT FINAL PRETRIAL STATEMENT

(a) Conference of Parties. By a date established by the court, all parties shall confer for the purpose of discussing, agreeing upon, preparing, signing and filing a joint final pretrial statement in conformity with the requirements of this Rule. The filing of the joint final pretrial statement constitutes a representation to the court by all of the parties that they or their representatives at the meeting were fully vested to discuss and agree upon all of the matters set forth in Rule 135(b); they have in fact discussed and attempted in good faith to reach agreement on each of those matters; and the case is ready for trial.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER WRITTEN

(5) Effect of Signature; Effect of Failure to Sign. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or an unrepresented party constitutes a representation by the signer that the signer has read the pleading, motion, or other written request for relief; that to the best of the signer’s knowledge, information, and belief there is good ground to support it; and that it is not filed for delay. If a pleading, motion, or other written request for relief is not signed, it shall not be accepted for filing.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 59. NEW TRIALS: AMENDMENT OF JUDGMENTS

(c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party shall serve opposing affidavits within 24 days after the entry of judgment, which period may be extended for an additional period either by the justice or judge before whom the action has been tried for good cause shown or by the parties by written stipulation. Such justice or judge may permit reply affidavits.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 38. JURY TRIAL OF RIGHT IN THE SUPERIOR COURT

(b) Demand. In an action in the Superior Court, any plaintiff may demand a trial by jury of any issue triable of right by a jury by filing a demand and paying the fee therefor as required by the scheduling order entered by the court. For cases required to have an alternative dispute resolution conference pursuant to Rule 16B, payment of the jury fee shall be made as required by Rule 16B(i).

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 40. ASSIGNMENT OF CASES FOR TRIAL; CONTINUANCES

(4) “Request for Protection” is defined as an informal, non-docketed written request that a case not be called for trial on one or more specified days of a trial list and which, if allowed, would not effectively remove a case from a trial list. A request for protection shall only be acted upon by a judge and shall not take the place of or be treated as a motion for continuance.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 31. DEPOSITIONS UPON WRITTEN QUESTIONS

(c) Notice of Filing. When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 76H. ELECTRONIC SOUND RECORDING

(i) Transcript Order. An appellant must file with the notice of appeal a fully completed transcript order form in order to include in the record on appeal from the District Court to the Superior Court a complete or partial transcript of a proceeding that has been recorded by the court. If the appellant does not order a transcript of the proceeding that has been recorded by the court or does not order the entire transcript, the appellee may, within 10 days after being served with the notice of appeal, order a transcript of all or any portions of the proceeding by filing and serving on all other parties a fully completed transcript order form. The ordering party must pay for the transcript as provided by M.R. App. 5(b).

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 16A. PRETRIAL PROCEDURE IN THE DISTRICT COURT

(d) Sanctions. If a party fails to comply with the requirements of this rule, to attend a conference held under this rule, or to comply with any order made hereunder, the court shall impose on the party or the party’s attorney, or both, such sanctions as the circumstances warrant, which may include the dismissal of the action or any part thereof with or without prejudice, the default of a party, the exclusion of evidence at the trial, and the imposition of costs, including attorney fees and travel. The court may expressly order, where appropriate in its discretion, that the costs of such sanctions be borne by counsel and that they shall not be passed on to counsel’s client.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 131. CASE FILING, TRANSFER, AND IDENTIFICATION

shall file with the originating court a written objection, no more than 2 pages in length, setting forth the specific reasons for the objection. Any objection shall be deemed waived unless filed with the originating court within 14 days of the filing of the application or recommendation for transfer; provided, however, if an application is filed with the initial complaint, the written objection must be filed no later than the objecting party’s answer or other response to the complaint or that party’s deadline for filing such answer or other response, whichever first occurs. No reply to the objection shall be permitted.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 112. DISCOVERY

(1) In any proceeding under this chapter, a party may obtain discovery on issues of spousal and child support, counsel and guardian ad litem fees, and disposition of property and debt as in any other civil actions. However, when financial statements are required under Rule 108(c), discovery may be initiated only after the parties have filed and exchanged the financial statements. If the exchange does not occur, the party who has filed a financial statement may serve discovery after the time period has expired as provided in Rule 108(c).

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 37. FAILURE TO MAKE DISCOVERY: SANCTIONS

(4) Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 113. TIME FOR FINAL HEARING

An action for divorce or annulment shall not be in order for final hearing until 60 days or more after service of the summons and complaint; nor shall it be in order for hearing until there is on file with the court a statement signed by the plaintiff, which may be contained in the complaint, stating whether any divorce or annulment actions have previously been commenced between the

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 115. NO JUDGMENT WITHOUT HEARING; JUDGMENTS TO BE FINAL

Unless otherwise provided by these rules, no final judgment, other than a dismissal for want of prosecution, shall be entered in an original action under these rules except after hearing, which may be ex parte if a party does not appear. With the permission of the court, a party may appear at a hearing by telephone or by video-conference.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 138. ELECTRONIC COMMUNICATION

All electronic filing in the BCD must utilize the EFS. All other electronic communication with the BCD shall be through electronic mail (email), and directed to Business.Court@courts.maine.gov. Electronic mail sent to the BCD regarding a specific case should include only the case title and docket number

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 92. COURT ALTERNATIVE DISPUTE RESOLUTION SERVICE

(G) Continuances. A party requesting a continuance of a mediation session shall file a written motion with the clerk at least four (4) days in advance of the scheduled mediation, and shall otherwise comply with the requirements of Rule 40(c), including the requirement that the motion to

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 136. PRETRIAL CONFERENCE

(b) Mandatory Attendance. All unrepresented parties and all lead trial counsel and local counsel for each represented party must attend the pretrial conference in person unless the court authorizes attendance by other means.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

(b) Outside the State. Within another state, or within a territory or insular possession subject to the dominion of the United States, or in a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or (2) before a person appointed or commissioned by the court, and such a person shall have the power by virtue of the appointment or commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 32. USE OF DEPOSITIONS IN COURT PROCEEDINGS

(c) Transcript. Regardless of the method by which a deposition was recorded or is to be used in court proceedings, a party using a deposition in court proceedings under this rule shall provide to the court an accurate written transcript of the deposition.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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RULE 42. CONSOLIDATION; SEPARATE TRIALS

(c) Convenience and Justice. In making any order under this rule, the court shall give due regard to the convenience of parties and witnesses and the interests of justice.

Applicable civil actions in Superior and District Courts; family and specialized-case restrictions remain applicable. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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