Maine Rules of Probate Procedure, published compilation effective July 1, 2019

RULE 92.11. SERVICE

(a) Required nonelectronic service. Except as provided in subparagraph (b), a Registered Filer shall serve upon a party the notice of a civil action or probate proceeding, other process, or a writ of execution or possession, or service upon a nonparty of a subpoena or other original or final process, and any documents accompanying any such notice or process by nonelectronic means unless accepted by electronic receipt by a Registered Filer through the court’s electronic filing system. Any required return of service must be filed electronically in accordance with these rules unless otherwise provided in Rule 92.3(b) or by the applicable rules of procedure.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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 92.3. WHO MUST FILE ELECTRONICALLY; EXCEPTIONS

(e) Service. A party who filed a nonelectronic document must serve notice of the filing and a copy of the document on all parties and the Probate Court in any manner appropriate under the applicable rules of procedure, except for documents filed ex parte.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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 92.5. PROCEDURES FOR ELECTRONIC FILING

(f) Notice of filing. The filer must serve notice of the filing and a copy of an electronically filed document as provided in Rule 92.11 on all parties or persons upon whom service is required by the applicable rules of procedure.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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 HEARING; CONTINUANCES

(2) Date of Hearing. In formal probate proceedings for the determination of testacy or the appointment of a personal representative, guardian, or conservator, the register shall, upon the filing of the petition, set a date for hearing in accordance with Rule 12(a)(2). The petitioner shall include that date in the notice to be served under Rule 4. In all other formal probate proceedings, and in all civil proceedings, the register shall, upon the filing of the reply or answer, set a date for hearing. At least 14 days prior to the date set, the register shall serve notice of the hearing date by ordinary mail upon the attorneys for the petitioner or plaintiff and all parties who received service of notice or summons under Rule 4, or upon any such party who has no attorney.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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 AND FILING OF PLEADINGS AND OTHER PAPERS

(a) Probate Proceedings. Rule 5(a)-(g) & (j) of the Maine Rules of Civil Procedure governs procedure in the Probate Courts so far as applicable for all papers filed in probate proceedings, except applications or petitions requiring notice to be served under Rule 4. The Register of Probate is the clerk for filings in probate proceedings. Service under this rule shall be made upon any person who has filed a demand for notice concerning the estate in question, and upon any other person as required by statute or these rules or order of the court.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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 92.6. NONELECTRONIC DOCUMENTS

(b) Large or damaged documents. The court shall retain all nonelectronic documents filed pursuant to Rule 92.3(b)(7) in a nonelectronic case file and shall maintain such nonelectronic documents until the later of two years from the date of filing of the document or final disposition of the matter, including the disposition of all appeals or the running of the time for appeal. At the conclusion of this term, the court shall thereafter return such nonelectronic documents to the filer.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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 92.10. REMOTE ACCESS TO ELECTRONIC CASE FILES

(a) Counsel and parties. Registered Filers affiliated with a particular matter shall have remote access to all records filed electronically and nonelectronically in that matter.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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. PRETRIAL PROCEDURE

The court may direct counsel to prepare and submit to the court a proposed pretrial order and shall, where appropriate, give counsel detailed instructions as to the contents of the proposed pretrial order, with which counsel shall speedily comply. Otherwise, upon completion of the conference, the court shall make an order which may recite the above specified matters.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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

(b) Motions and Other Papers. Rule 7(b) of the Maine Rules of Civil Procedure governs the procedure in all proceedings in the Probate Courts, except that in probate proceedings an order shall be sought by application or petition where so provided by law or by these rules.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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 HEARINGS

(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.

Probate Court proceedings. This 2019 compilation is retained as dated source evidence; later amendments have not been exhaustively checked. 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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