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Legal Information: Maine

Statutes: Maine

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November 28, 2023

§ 4106. Procedures

1. Assistance. The following assistance from the court is available.

A. The court shall provide forms and clerical assistance to either party in completing and filing a complaint or other necessary documents. The assistance may not include legal advice or assistance in drafting legal documents.

B. The clerk of the court shall provide to a plaintiff written contact information for resources from which the plaintiff may receive legal or social service assistance provided to the Administrative Office of the Courts by the various providers of those services, including the Maine State Bar Association or successor organization, any local or statewide organizations providing domestic violence services, any local or statewide organizations providing sexual assault services and any other agency providing reliable and relevant resource contact information.

2. Forms. The forms provided by the court under subsection 1 must be uniform throughout the State and must include a summons and an affidavit for temporary emergency relief. The summons must include a section in which to list places where the defendant may be located or available to be served. The clerk of the court shall inquire where the defendant may be located or available to be served and list those locations on the summons or direct the plaintiff to do so.

3. Fees. A fee may not be charged for forms or for filing a complaint. A plaintiff may apply for leave to proceed in forma pauperis.

4. Notice. Prior to the plaintiff signing a complaint, the court shall notify the plaintiff, orally or in writing, that it is a crime to make a false statement under oath in a court document.

5. Notification; copies. The clerk of the court shall issue, without fee, a copy of an order, agreement, amendment or revocation to the plaintiff, to the defendant and to the law enforcement agencies most likely to enforce it, as determined by the court.

6. Civil rules apply. Unless otherwise indicated in this chapter, all proceedings must be in accordance with the Maine Rules of Civil Procedure. Appeals may be taken as provided by the Maine Rules of Civil Procedure. Appeals may be only for error of law or abuse of discretion.

7. Mediation and referees. The court may not mandate mediation or appointment of referees in actions brought under this chapter. If an action under this chapter is joined with another proceeding pursuant to section 4105, subsections 1 and 2, this subsection does not prohibit the court from mandating mediation or the appointment of a referee on any issue, other than abuse, that is part of the other proceeding.