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Maine Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
Maine Courts website for updated and complete rules of civil procedure in Maine.
Rules of Civil Procedure in Maine:
From
Rule 4. Process
Summons: Form.
The summons shall bear the
signature or facsimile signature of
the clerk, be under the seal of the
court, contain the name of the court
and the names of the parties, be
directed to the defendant, state the
name and address of the plaintiff's
attorney, and the time within which
these rules require the defendant to
appear and defend, and shall notify
the defendant that in case of
failure to do so judgment by default
will be rendered against the
defendant for the relief demanded in
the complaint.
Same: Issuance.
The summons may be procured in
blank from the clerk and shall be
filled out by the plaintiff's
attorney as provided in subdivision
(a) of this rule. The plaintiff's
attorney shall deliver to the person
who is to make service the original
summons upon which to make return of
service and a copy of the summons
and of the complaint for service
upon the defendant.
Service.
Service of the summons and
complaint may be made as follows:
- By mailing a copy of the
summons and of the complaint (by
first-class mail, postage
prepaid) to the person to be
served, together with two copies
of a notice and acknowledgment
form and a return envelope,
postage prepaid, addressed to
the sender. If no acknowledgment
of service under this paragraph
is received by the sender within
20 days after the date of
mailing, service of the summons
and complaint shall be made
under paragraph (2) or (3) of
this subdivision.
- By a sheriff or a deputy
within the sheriff's county, or
other person authorized by law,
or by some person specially
appointed by the court for that
purpose. Special appointments to
serve process shall be made
freely when substantial savings
in travel fees will result.
- By any other method
permitted or required by this
rule or by statute.
Summons: Personal Service.
The summons and complaint shall
be served together. Personal service
within the state shall be made as
follows:
- Upon an individual other
than minor or an incompetent
person, by delivering a copy of
the summons and of the complaint
to the individual personally or
by leaving copies thereof at the
individual's dwelling house or
usual place of abode with some
person of suitable age and
discretion then residing therein
or by delivering a copy of the
summons and of the complaint to
an agent authorized by
appointment or by law to receive
service of process, provided
that if the agent is one
designated by statute to receive
service, such further notice as
the statute requires shall be
given. The court, on motion,
upon a showing that service as
prescribed above cannot be made
with due diligence, may order
service to be made by leaving a
copy of the summons and of the
complaint at the defendant's
dwelling house or usual place of
abode; or to be made by
publication pursuant to
subdivision (g) of this rule, if
the court deems publication to
be more effective.
- Upon a minor, by delivering
a copy of the summons and of the
complaint personally (a) to the
minor and (b) also to the
minor's guardian if the minor
has one within the state, known
to the plaintiff, and if not,
then to the minor's father or
mother or other person having
the minor's care or control, or
with whom the minor resides, or
if service cannot be made upon
any of them, then as provided by
order of the court.
- Upon an incompetent person,
by delivering a copy of the
summons and of the complaint
personally (a) to the guardian
of the incompetent person or a
competent adult member of the
incompetent person's family with
whom the incompetent person
resides, or if the incompetent
person is living in an
institution, then to the
director or chief executive
officer of the institution, or
if service cannot be made upon
any of them, then as provided by
order of the court and (b)
unless the court otherwise
orders, also to the incompetent
person.
- Upon a county, by delivering
a copy of the summons and of the
complaint to one of the county
commissioners or their clerk or
the county treasurer.
- Upon a town, by delivering a
copy of the summons and of the
complaint to the clerk or one of
the selectmen or assessors.
- Upon a city, by delivering a
copy of the summons and of the
complaint to the clerk,
treasurer, or manager.
- Upon the United States, by
delivering a copy of the summons
and of the complaint to the
United States attorney for the
district of Maine or to an
assistant United States attorney
or clerical employee designated
by the United States attorney in
a writing filed with the clerk
of the United States District
Court for the district of Maine
and by sending a copy of the
summons and of the complaint by
registered or certified mail to
the Attorney General of the
United States at Washington,
District of Columbia, and in any
action attacking the validity of
an order of an officer or agency
of the United States not made a
party, by also sending a copy of
the summons and of the complaint
by registered or certified mail
to such officer or agency
provided that any further notice
required by statute or
regulation shall also be given.
--Upon an officer or agency of
the United States, by serving
the United States and by
delivering a copy of the summons
and of the complaint to such
officer or agency, provided that
any further notice required by
statute or regulation shall also
be given. If the agency is a
corporation the copy shall be
delivered as provided in
paragraph (8) or (9) of this
subdivision of this rule.
--Upon any other public
corporation, by delivering a
copy of the summons and of the
complaint to any officer,
director, or manager thereof and
upon any public body, agency or
authority by delivering a copy
of the summons and the complaint
to any member thereof.
- Upon a domestic private
corporation (a) by delivering a
copy of the summons and of the
complaint to any officer,
director or general agent; or,
if no such officer or agent be
found, to any person in the
actual employment of the
corporation; or, if no such
person be found, to the
Secretary of State, provided
that the plaintiff's attorney
shall also send a copy of the
summons and of the complaint to
the corporation by registered or
certified mail, addressed to the
corporation's principal office
as reported on its latest annual
return; or (b) by delivering a
copy of the summons and of the
complaint to any agent or
attorney in fact authorized by
appointment or by statute to
receive or accept service on
behalf of the corporation,
provided that any further notice
required by the statute shall
also be given.
- Upon a corporation
established under the laws of
any other state or country (a)
by delivering a copy of the
summons and of the complaint to
any officer, director or agent,
or by leaving such copies at an
office or place of business of
the corporation within the
state; or (b) by delivering a
copy of the summons and of the
complaint to any agent or
attorney in fact authorized by
appointment or by statute to
receive or accept service on
behalf of the corporation,
provided that any further notice
required by the statute shall
also be given.
- Upon a partnership subject
to suit in the partnership name
in any action, and upon all
partners whether within or
without the state in any action
on a claim arising out of
partnership business, (a) by
delivering a copy of the summons
and of the complaint to any
general partner or any managing
or general agent of the
partnership, or by leaving such
copies at an office or place of
business of the partnership
within the state; or (b) by
delivering a copy of the summons
and of the complaint to any
agent, attorney in fact, or
other person authorized by
appointment or by statute to
receive or accept service on
behalf of the partnership,
provided that any further notice
required by the statute shall
also be given.
- Upon the State of Maine by
delivering a copy of the summons
and of the complaint to the
Attorney General of the State of
Maine or one of the Attorney
General's deputies, either (a)
personally or (b) by registered
or certified mail, return
receipt requested; and in any
action attacking the validity of
an order of an officer or agency
of the State of Maine not made a
party, by also sending a copy of
the summons and of the complaint
by ordinary mail to such officer
or agency. The provisions of
Rule 4 (f) relating to
completion of service by mail
shall here apply as appropriate.
- Upon an officer or agency of
the State of Maine by the method
prescribed by either paragraph
(1) or (7) of this subdivision
as appropriate, and by also
sending a copy of the summons
and of the complaint by ordinary
mail to the Attorney General of
the State of Maine.
- Upon all trustees of an
express trust, whether within or
without the state, in any action
on a claim for relief against
the trust, except an action by a
beneficiary in that capacity,
(a) by delivering a copy of the
summons and of the complaint to
any trustee, or by leaving such
copies at an office or place of
business of the trust within the
state; or (b) by delivering a
copy of the summons and of the
complaint to any agent or
attorney in fact authorized by
appointment or by statute to
receive or accept service on
behalf of the trust, provided
that any further notice required
by the statute shall also be
given.
- Upon another state of the
United States, by the method
prescribed by the law of that
state for service of process
upon it.
Personal Service Outside
State.
A person who is subject to the
jurisdiction of the courts of the
state may be served with the summons
and complaint outside the state, in
the same manner as if such service
were made within the state, by any
person authorized to serve civil
process by the laws of the place of
service or by a person specially
appointed to serve it. An affidavit
of the person making service shall
be filed with the court stating the
time, manner, and place of service.
Such service has the same force and
effect as personal service within
the state.
Service Outside State by Mail
in Certain Actions.
Where service cannot, with due
diligence, be made personally within
the state, service of the summons
and complaint may be made upon a
person who is subject to the
jurisdiction of the courts of the
state by delivery to that person
outside the state by registered or
certified mail, with restricted
delivery and return receipt
requested, in the following cases:
- Where the pleading demands a
judgment that the person to be
served be excluded from a vested
or contingent interest in or
lien upon specific real or
personal property within the
state; or that such an interest
or lien in favor of either party
be enforced, regulated, defined
or limited; or otherwise
affecting the title to any
property; or
- Where the pleading demands a
judgment for divorce or
declaring a marriage a nullity.
Service by registered or
certified mail shall be complete
when the registered or certified
mail is delivered and the return
receipt signed or when
acceptance is refused, provided
that the plaintiff shall file
with the court either the return
receipt or, if acceptance was
refused, an affidavit that upon
notice of such refusal a copy of
the summons and complaint was
sent to the defendant by
ordinary mail.
Service by Publication.
- When Service May Be Made.
The court, on motion upon a
showing that service cannot with
due diligence be made by another
prescribed method, shall order
service by publication in an
action described in subdivision
(f) of this rule, unless a
statute provides another method
of notice, or when the person to
be served is one described in
subdivision (e) of this rule.
- Contents of Order. An order
for service by publication shall
include (i) a brief statement of
the object of the action; (ii)
if the action may affect any
property or credits of the
defendant described in
subdivision (f) of this rule, a
description of any such property
or credits; and (iii) the
substance of the summons
prescribed by subdivision (a) of
this rule. The order shall also
direct its publication once a
week for 3 successive weeks in a
designated newspaper of general
circulation in the county where
the action is pending; and the
order shall also direct the
mailing to the defendant, if the
defendant's address is known, of
a copy of the order as
published.
- Time of Publication; When
Service Complete. The first
publication of the summons shall
be made within 20 days after the
order is granted. Service by
publication is complete on the
twenty-first day after the first
publication. The plaintiff shall
file with the court an affidavit
that publication has been made.
Return of Service.
The person serving the process
shall make proof of service thereof
on the original process or a paper
attached thereto for that purpose.
and shall forthwith return it to the
plaintiffs attorney. The plaintiffs
attorney shall, within the time
during which the person served must
respond to the process, file the
proof of service with the court. If
service is made under paragraph
(c)(1) of this rule, return shall be
made by the plaintiff's attorney
filing with the court the
acknowledgment received pursuant to
that paragraph. The attorney's
filing of such proof of service with
the court shall constitute a
representation by the attorney,
subject to the obligations of Rule
11, that the copy of the complaint
mailed to the person served or
delivered to the officer for service
was a true copy. If service is made
by a person other than a sheriff or
the sheriff's deputy or another
person authorized by law, that
person shall make proof thereof by
affidavit. The officer or other
person serving the process shall
endorse the date of service upon the
copy left with the defendant or
other person. Failure to endorse the
date of service shall not affect the
validity of service.
Amendment.
At any time in its discretion and
upon such terms as it deems just,
the court may allow any process or
proof of service thereof to be
amended, unless it clearly appears
that material prejudice would result
to the substantial rights of the
party against whom the process
issued.
Alternative Provisions for
Service in a Foreign Country.
- Manner. When service is to
be effected upon a party in a
foreign country, it is also
sufficient if service of the
summons and complaint is made:
(A) in the manner prescribed by
the law of the foreign country
for service in that country in
an action in any of its courts
of general jurisdiction; or (B)
as directed by the foreign
authority in response to a
letter rogatory, when service in
either case is reasonably
calculated to give actual
notice; or (C) upon an
individual, by delivery to the
individual personally, and upon
a corporation or partnership or
association, by delivery to an
officer, a managing or general
agent; or (D) by any form of
mail requiring a signed receipt,
to be addressed and dispatched
by the clerk of the court to the
party to be served; or (E) as
directed by order of the court.
Service under (C) or (E) above
may be made by any person who is
not a party and is not less than
18 years of age or who is
designated by order of the court
or by the foreign court. On
request, the clerk shall deliver
the summons to the plaintiff for
transmission to the person or
the foreign court or officer who
will make the service.
- Return. Proof of service may
be made as prescribed by
subdivision (h) of this rule, or
by the law of the foreign
country, or by order of the
court. When service is made
pursuant to subparagraph (1)(D)
of this subdivision, proof of
service shall include a receipt
signed by the addressee or other
evidence of delivery to the
addressee satisfactory to the
court.
[Amended effective February
15, 1990; February 15, 1991;
February 15, 1992; February 15,
1993; May 1, 2000.]
From
Rule 45. Subpoena
Form; Issuance.
- Every subpoena shall
- state the name of the
court from which it is
issued; and
- state the title of the
action, the name of the
court in which it is
pending, and its civil
action number; and
- command each person to
whom it is directed to
attend and give testimony or
to produce and permit
inspection and copying of
designated books, documents
or tangible things, or
permit inspection of
premises, in the possession,
custody or control of that
person at a time and place
therein specified; and
- set forth the text of
subdivisions (c) and (d) of
this rule. A command to
produce evidence or to
permit inspection may be
joined with a command to
appear at trial or hearing
or at deposition, or may be
issued separately.
- A subpoena for the Superior
Court may issue from the court
in any county, and for the
District Court from the court in
any district.
- The clerk shall issue a
subpoena, signed but otherwise
in blank, to a party requesting
it, who shall complete it before
service. An attorney admitted to
the Maine Bar may also issue and
sign a subpoena as officer of
the court.
Service.
- A subpoena may be served by
any person who is not a party
and is not less than 18 years of
age, including the attorney of a
party. Service of a subpoena
upon a person named therein
shall be made by delivering a
copy thereof to such person and,
if the person's attendance is
commanded, by tendering to that
person the fees for one day's
attendance and the mileage
allowed by law. Prior notice of
any commanded production of
documents and things or
inspection of premises before
trial shall be served on each
party in the manner prescribed
by Rule 5(b).
- A subpoena may be served at
any place within the state.
Protection of Persons Subject
to Subpoenas.
- A party or an attorney
responsible for the issuance and
service of a subpoena shall take
reasonable steps to avoid
imposing undue burden or expense
on a person subject to that
subpoena. The court for which
the subpoena was issued shall
enforce this duty and impose
upon the party or attorney in
breach of this duty an
appropriate sanction, which may
include, but is not limited to,
lost earnings, a reasonable
attorney's fee, and other
reasonable expenses incurred in
seeking the sanction.
- (A) A person commanded to
produce and permit inspection
and copying of designated books,
papers, documents, or tangible
things, or inspection of
premises, need not appear in
person at the place of
production or inspection unless
commanded to appear for
deposition, hearing, or trial.
(B) Subject to paragraph (d)(2)
of this rule, a person commanded
to produce and permit inspection
and copying may, within 14 days
after service of the subpoena or
before the time specified for
compliance if such time is less
than 14 days after service,
serve upon the party or attorney
designated in the subpoena a
written objection to inspection
or copying of any or all of the
designated materials or of the
premises. If objection is made,
the party serving the subpoena
shall not be entitled to inspect
and copy the materials or
inspect the premises except
pursuant to an order of any
justice or judge of the court
for which the subpoena was
issued. If objection has been
made, the party serving the
subpoena may, upon notice to the
person commanded to produce,
move at any time for an order to
compel the production. Such an
order to compel production shall
protect any person who is not a
party or an officer of a party
from significant expense
resulting from the inspection
and copying commanded.
- (A) On timely motion, the
court for which a subpoena was
issued shall quash or modify the
subpoena if it
- fails to allow a
reasonable time for
compliance;
- requires a resident of
this state who is not a
party or an officer of a
party to travel to attend a
deposition outside the
county wherein that person
resides or is employed or
transacts business in person
or a distance of more than
100 miles one way, whichever
is greater, unless the court
otherwise orders; requires a
nonresident of the state who
is not a party or an officer
of a party to attend outside
the county wherein that
person is served with a
subpoena, or farther than
100 miles from the place of
service, unless some other
convenient place is axed by
an order of court;
- requires disclosure of
privileged or other
protected matter and no
exception or waiver applies;
or
- subjects a person to
undue burden.
(B) If a subpoena
- requires disclosure of a
trade secret or other
confidential research,
development, or commercial
information, or
- requires disclosure of
an unretained expert's
opinion or information not
describing specific events
or occurrences in dispute
and resulting from the
expert's study made not at
the request of any party, or
- requires a person who is
not a party or an officer of
a party to incur substantial
expense to travel more than
100 miles one way to attend
trial, the court may, to
protect a person subject to
or affected by the subpoena,
quash or modify the subpoena
or, if the party in whose
behalf the subpoena is
issued shows a substantial
need for the testimony or
material that cannot
otherwise be met without
undue hardship and assures
that the person to whom the
subpoena is addressed will
be reasonably compensated,
the court may order
appearance or production
only upon specified
conditions.
Duties in Responding to a
Subpoena.
- A person responding to a
subpoena to produce documents
shall produce them as they are
kept in the usual course of
business or shall organize and
label them to correspond with
the categories in the demand.
- When information subject to
a subpoena is withheld on a
claim that it is privileged or
subject to protection as trial
preparation materials, the claim
shall be made expressly and
shall be supported by a
description of the nature of the
documents, communications, or
things not produced that is
sufficient to enable the
demanding party to contest the
claim.
Motions.
Motions concerning subpoenas
issued in discovery or pretrial
proceedings shall be made under Rule
26(g). Motions concerning subpoenas
issued to command appearance or
production of documents or tangible
things at trial or hearing shall be
directed first to the judge or
justice presiding at such trial or
hearing.
Contempt.
Failure by any person without
adequate excuse to obey a subpoena
served upon that person may be
deemed a contempt of the court in
which the action is pending or in
the county in which the deposition
is taken. An adequate cause for
failure to obey exists when a
subpoena purports to require a
nonparty to attend or produce at a
place not within the limits provided
by clause (ii) of subparagraph
(c)(3)(A). Punishment for contempt
under this subdivision (f) shall be
in accordance with Rule 66 and 16
M.R.S.A. § 102.
[Amended effective February 15,
1993; February 15, 1996; March 1,
1998; May 1, 1999.]
From
Maine Revised Statutes
§ 704-A.
Persons subject to jurisdiction
Declaration of purpose.
It is declared, as a matter of
legislative determination, that the
public interest demands that the
State provide its citizens with an
effective means of redress against
nonresident persons who, through
certain significant minimal contacts
with this State, incur obligations
to citizens entitled to the state's
protection. This legislative action
is deemed necessary because of
technological progress which has
substantially increased the flow of
commerce between the several states
resulting in increased interaction
between persons of this State and
persons of other states. This
section, to insure maximum
protection to citizens of this
State, shall be applied so as to
assert jurisdiction over nonresident
defendants to the fullest extent
permitted by the due process clause
of the United States Constitution,
14th amendment.
Causes of action.
Any person, whether or not a
citizen or resident of this State,
who in person or through an agent
does any of the acts hereinafter
enumerated in this section, thereby
submits such person, and, if an
individual, his personal
representative, to the jurisdiction
of the courts of this State as to
any cause of action arising from the
doing of any of such acts:
- The transaction of any
business within this State;
- Doing or causing a tortious
act to be done, or causing the
consequences of a tortious act
to occur within this State;
- The ownership, use or
possession of any real estate
situated in this State;
- Contracting to insure any
person, property or risk located
within this State at the time of
contracting;
- Conception resulting in
paternity within the meaning of
Title 19-A, chapter 53,
subchapter I;[fn1]
- Contracting to supply
services or things within this
State;
- Maintaining a domicile in
this State while subject to a
marital or family relationship
out of which arises a claim for
divorce, alimony, separate
maintenance, property
settlement, child support or
child custody; or the commission
in this State of any act giving
rise to such a claim; or
- Acting as a director,
manager, trustee or other
officer of a corporation
incorporated under the laws of,
or having its principal place of
business within, this State.
- Maintain any other relation
to the State or to persons or
property which affords a basis
for the exercise of jurisdiction
by the courts of this State
consistent with the Constitution
of the United States.
Personal service.
Service of process upon any
person who is subject to the
jurisdiction of the courts of this
State, as provided in this section,
may be made by personally serving
the summons upon the defendant
outside this State, with the same
force and effect as though summons
had been personally served within
this State.
Jurisdiction based upon this
section.
Only causes of action arising
from acts enumerated herein may be
asserted against a defendant in an
action in which jurisdiction over
him is based upon this section.
Other service not affected.
Nothing contained in this section
limits or affects the right to serve
any process in any other manner now
or hereafter provided by law.
[fn1] 19-A M.R.S.A. § 1551 et
seq.
(1975, c. 770, § 80, eff. April 16,
1976; 1977, c. 696, §§ 162, 163,
eff. March 31, 1978; 1995, c. 694, §
D-14, eff. Oct. 1, 1997.)
§ 705.
Civil process served on Sunday void
Officer liable A person may not
serve or execute any civil process
on Sunday, but such a service is
void and the person executing it is
liable in damages to the party
aggrieved as if the person had no
process. This section does not apply
to service or execution of a
protection from harassment order
issued under Title 5, chapter 337-A
or a protection from abuse order
issued under Title 19- A, chapter
101.
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