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← Maine Maine Rules of Probate Procedure

Part I — Scope Of Rules--Form Of Proceedings

1 Scope of Rules
2 Form of Proceedings

Part II — Commencement Of Proceedings: Service Of Notice, Process, Pleadings, Motions, And Orders; Time

3 Commencement of Proceedings
4 Notice; Process D
4A Attachment
4B Trustee Process
4D Demand and Waiver of Notice
5 Service and Filing of Pleadings and Other Papers
6 Time

Part III — Pleadings And Motions

7 Pleadings Allowed; Form of Motions
8 General Rules of Pleading
9 Pleading Special Matters
10 Form of Pleadings
11 Signing of Pleadings
12 Defenses and Objections: When and How Presented by Pleading or Motion; Motion for Judgment on the Pleadings D
13 Counterclaim and Cross-Claim
14 Third-Party Practice
15 Amended and Supplemental Pleadings
16 Pretrial Procedure

Part IV — Parties

17 Parties Plaintiff and Defendant; Capacity
17A Settlement of Claims of Infant Plaintiffs
18 Joinder of Claims and Remedies
19 Joinder of Persons Needed for Just Adjudication
20 Permissive Joinder of Parties
21 Misjoinder and Nonjoinder of Parties
22 Interpleader
24 Intervention
25 Substitution of Parties

Part IX — Appeals

74D [redesignated]

Part V — Depositions And Discovery

26 General Provisions Governing Discovery
27 Discovery Before Action or Pending Appeal
28 Persons Before Whom Depositions May Be Taken
29 Stipulations Regarding Discovery Procedure
30 Depositions Upon Oral Examination
31 Depositions Upon Written Questions
32 Use of Depositions in Court Proceedings
33 Interrogatories to Parties
34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
35 Physical and Mental Examination of Persons
36 Requests for Admission
37 Failure to Make Discovery; Sanctions

Part VI — Hearings

40 Assignment of Cases for Hearing; Continuances D
41 Dismissal of Proceedings D
42 Consolidation; Separate Hearings
43 Taking of Testimony
44 Proof of Official Record
44A Determination of Foreign Law
45 Subpoena
46 Exceptions Unnecessary
50 Motion for Judgment
51 Argument of Counsel
52 Findings by the Court
53 Referees

Part VII — Judgment

54 Judgment; Costs
54A Fees
55 Default
56 Summary Judgment
57 Declaratory Judgments
58 Entry of Judgment or Informal Statement or Order
59 New Trials; Amendments of Judgments
60 Relief From Judgment or Order
61 Harmless Error
62 Stay of Proceedings to Enforce a Judgment
63 Disability or Recusal of a Judge

Part VIII — Provisional And Final Remedies And Special Proceedings

64 Replevin
65 Injunctions
66 Receiverships
67 Deposit in Court
68 Offer of Judgment
69 Execution
70 Judgment for Specific Acts
71 Process in Behalf of and Against Persons Not Parties
71A Removal to the Superior Court D
71B Transfer of Proceedings in Matters Involving Guardianship, Adoption, Change of Name or Other Matters Concerning Custody or Other Parental Rights of a Minor Child D

Part X — Probate Courts And Registers

76H Electronic Sound Recording
77 Probate Courts and Registers
79 Books and Records Kept by the Register and Entries Therein D

Part XI — Special Rules For Certain Proceedings

80A Real Actions
80B Creditors' Claims Against Decedents' Estates

Part XII — General Provisions

81 Applicability
82 Jurisdiction and Venue Unaffected
83 Definitions
84 Forms
85 Title
86 Effective Date
89 Withdrawal of Attorneys; Visiting Lawyers
90 Legal Assistance by Law Students
91 Proceedings in Forma Pauperis

Part XIII — Electronic Filing

92.1 Applicability; Effective Dates; Title
92.10 Remote Access to Electronic Case Files
92.11 Service
92.12 Public Records and Redaction
92.2 Definitions
92.3 Who Must File Electronically; Exceptions
92.4 Registered Filers
92.5 Procedures for Electronic Filing D
92.6 Nonelectronic Documents D
92.7 Format of Documents
92.8 Signatures D
92.9 Payment of Fees and Costs

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Maine Rules of Probate Procedure

Chapter XII · General Provisions

Rule 85. Title

Amended April 11, 2019 (current)

These rules may be known and cited as the Maine Rules of Probate Procedure.

Source: Me. R. Prob. P. 85 (pdf p. 45)

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