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ME · rules

M.R. Civ. P. 107

ORDERS BEFORE JUDGMENT

activein force · 2026-06-01 – presentact-effective-date

(a) Motions for orders before judgment. At any time before judgment in

any action under this chapter in which the court has personal jurisdiction over

the parties, the court may order the following:

(1) parental rights and responsibilities for any minor children,

including health insurance and child support;

(2) appointment and payment of a guardian ad litem;

(3) participation in a parental education program (at the request of

either party, or on the court’s own motion);

(4) genetic or other testing;

(5) psychological or other evaluations;

(6) investigation by the Department of Health and Human Services

pursuant to 19-A M.R.S. § 905;

(7) possession of owned or rented real and personal property

pending the final judgment;

(8) payment of debts and obligations;

(9) sale of any property of the parties, along with the disposition of

the proceeds;

(10) interim spousal support;

(11) a job search;

(12) payment by either party to the other or to the party’s attorney

of sufficient money for costs and counsel fees for the defense or prosecution of

any action or any motion under this chapter. Execution for counsel fees shall

not issue until after entry of final judgment;

(13) prohibition of either party from imposing any restraint on the

personal liberty of the other;

(14) enforcement of compliance with the court’s orders by

appropriate process as the court can order in other actions; and

(15) dissolution or modification of a preliminary injunction or an

attachment or trustee process.

No orders before judgment may be entered without notice to the

parties or upon motion. The motion shall be accompanied by a draft order

granting the relief requested.

In any action under this chapter in which the court lacks personal

jurisdiction over the defendant, the court may at any time before judgment, and

governed by the same notice provisions, enter any of the foregoing orders that

it deems proper that do not involve the payment of, or the allocation of

responsibility for the payment of, money.

(b) Hearings on Motions for Interim Orders/Orders before Judgment. All

motions for interim orders or orders before judgment must include a list of

witnesses, an estimate of time needed for the presentation of evidence, and a

draft order specifying the relief being requested. After review of the motion

and any opposition filed, the court may:

(1) Schedule a hearing of no longer than three hours; or

(2) Require the parties to engage in mediation before setting a

hearing in those cases where mediation can be mandated, unless the requested

interim hearing is for child support only.

(c) Expedited Hearings. A party, or a guardian ad litem, may request that

a hearing on a motion be expedited. The request must be filed on the

court-approved Request for Expedited Hearing form. Such requests shall be in

the form of a motion for expedited hearing and shall demonstrate

extraordinary circumstances in the particular case that justify an expedited

hearing. The request for an expedited hearing shall be considered in light of all

relevant factors, including:

(1) the court’s ability to provide time for expedited hearing, and the

effect on other cases awaiting hearing;

(2) the likelihood that denial of the motion for expedited hearing

could have a substantial adverse effect on the best interest or financial support

of a child or the parental rights of a party;

(3) the likelihood that denial of the motion for expedited hearing

could have a substantial adverse effect on the health or financial standing of a

party;

(4) the likelihood that denial of the motion for expedited hearing

could have a substantial adverse effect on the court’s ability to render a full and

fair decision on any issue present in the case;

(5) any unreasonable delay on the part of the moving party in

filing the motion;

(6) any conduct on the part of either party impairing a fair and just

resolution of the issues.

The moving party must determine and report to the court whether

any other party objects to the requested relief and the motion for expedited

hearing. The motion shall contain a notice stating the time for a response to the

motion. Responses to a motion for expedited hearing shall be filed in writing

within 7 days of the notice of the motion.

The court may rule on a motion for expedited hearing without

actual notice to other parties if the moving party has made a reasonable and

good faith effort to notify the other parties or if delay would defeat the purposes

of the motion. No ruling granting substantive relief shall be made without

notice and opportunity to be heard.

All expedited hearings shall be limited to no more than three hours.

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6302335405f13934064960def1c767a3beb010a9297ded9dc21203b9f9f88a29
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