M.R. Civ. P. 110A

(a) Family Law Magistrates. In all Family Division actions involving

minor children, and subject to the Family Division Rules, including all actions

that have been transferred to the District Court from the Probate Court, Family

Law Magistrates shall have authority to: (1) hold case management conferences

and other prehearing or pretrial conferences including judicial settlement

conferences; (2) determine whether a party or counsel may attend a

conference, mediation or hearing by telephone; (3) issue interim orders before

judgment under Rule 107(a) and act on motions for expedited hearings under

Rule 107(c); (4) issue final orders establishing or modifying child support;

(5) order genetic testing; and (6) issue orders in child support enforcement

actions. In uncontested proceedings, magistrates may issue divorce judgments,

paternity judgments, parentage judgments, judicial separation decrees, final

orders establishing parental rights and responsibilities, guardianship orders,

name-change orders, and orders on post-judgment motions modifying any such

original orders.

In contested interim proceedings, magistrates may hear and decide

interim orders establishing parental rights and responsibilities. In contested

final proceedings under a pilot project established by the Chief Justice of the

Supreme Judicial Court, with the consent of the parties, a magistrate may hear

and decide all elements of certain final contested actions for divorce with

children, legal separation with children, parentage, or parental rights. When

the parties are subject to a Protection from Abuse order, magistrates may

amend the parental rights and responsibilities portion of the protection order

to conform with the orders authorized above.

Nothing in these rules shall prohibit a judge from managing a case as

provided in these rules.

(b) Case Management.

(1) Case Management Conferences. Whenever a complaint, petition

or motion is filed in any proceeding involving minor children over which a

magistrate has authority, the parties, and if represented their counsel, shall

attend a case management conference with a magistrate or judge. At the initial

conference and any subsequent conference the parties shall be prepared to

address any issues in the case that may be raised by the court or the parties

including, but not limited to: identification of any cases pending in other District

Court locations or in a Probate Court; determination of whether there are any

individuals who should be joined in, or served notice of, any action for

parentage; any issues in dispute; the need for an interim order or orders under

Rule 107(a); a prehearing conference; an uncontested hearing date; and any

other matters pertinent to the case. Following the conference, the magistrate

shall enter a case management order and other orders as appropriate.

In appropriate circumstances, a magistrate may dispense with a

conference and set the matter promptly for hearing, may enter agreements on

the record at the conference, may hold a hearing immediately following the

conference, or may advise the parties that the matter will be referred to a judge.

(2) Notice of Conference. Except for motions to modify support filed

pursuant to 19-A M.R.S. § 2009, the parties will be notified of the date and time

of the case management conference within 14 days after the filing in court of

the proof of service of the complaint, petition or motion. The conference will

be held after the time for filing a response has passed. When a motion to modify

support is filed pursuant to section 2009, the clerk will schedule a conference

after receiving a response to the motion. If there is no response, a conference

will not be scheduled, and the court will proceed in accordance with the

provisions of section 2009.

(3) Requests to Reschedule or Waive Conference or Mediation.

(A) Rescheduling

(i) Continuance. Requests to continue a conference shall be in

writing and may be granted for good cause shown pursuant to

Rule 40(a). An agreement of the parties to continue, with an assurance

by all parties that the children’s needs are being met, constitutes good

cause. Requests to continue mediation must proceed in accordance with

Rule 92(b)(5)(G).

(ii) Deferral of Conference. Parties may request by letter,

accompanied by the appropriate mediation fee, that the case

management conference be deferred for up to 91 days and that they

proceed directly to mediation pursuant to Rule 92(b). The letter must

state that the parties or their counsel have conferred and that they agree

that the children’s needs are being met, there are no discovery disputes,

there are no issues of domestic violence, financial statements will be

filed with the court before mediation, and both parties join in the

request. Each party or each party’s attorney of record must sign the

letter. The appropriate mediation fee must be paid to the court when

mediation is requested. The conference shall be scheduled by the clerk

for no later than 91 days after the deferral.

(B) Waiver of Conference. Instead of attending an initial case

management conference following the filing of a complaint or petition,

the parties may file a certificate stating that they have reached a

temporary agreement on all issues relating to the children. The

certificate must be signed by all parties or their attorneys, indicate what

issues, if any, remain unresolved in the case, and include a date for a

status conference, mediation when mediation is required, including a

date for payment of mediation fee, or a final hearing no later than 91 days

after the date of the certificate. The parties are responsible for obtaining

dates from the court. With the certificate, the parties must submit for the

magistrate’s review child support affidavits, worksheets, a written

agreement on parental rights and responsibilities that addresses the

children’s residence, support or maintenance, and parent-child contact

and, if an interim order is requested, a proposed order incorporating the

terms of the agreement. The magistrate may require the parties to attend

a case management conference if the agreement appears inequitable on

its face, if the agreement provides for a deviation from the child support

guidelines, if there has been a history of domestic abuse, or for any other

reason. Upon receipt of a written statement by either party that the

agreement is not being followed, the court will schedule a case

management conference.

(4) Interim Relief.

(A) Interim Orders Without Hearing. At any stage in the

proceedings, a magistrate may enter interim orders with or without the

consent of the parties or when a party is in default. Whether or not the

parties agree, a magistrate may enter a Family Division Scheduling Order.

(B) Mediation. When the parties cannot reach an interim

agreement on all issues or if the court defers a conference at the request

of the parties, mediation shall be promptly scheduled as provided in Rule

92(b). The magistrate may waive the required mediation for good cause

shown. Mediation pursuant to Rule 92(b) may be waived when the

parties agree to proceed with and pay for private mediation in place of

mediation pursuant to Rule 92. An agreement reached through

mediation shall be reviewed by the court. If approved, it may be entered

as either an interim or final order.

(C) Interim Orders After Hearing. In cases where mediation is

required and has occurred, but the parties have not reached an interim

agreement, and in cases where mediation is not required or ordered, the

magistrate may conduct a hearing on the contested issues and enter an

interim order. In no case shall the hearing be longer than three hours. In

any case in which a party has exercised the right to have a judge decide

interim parental rights and responsibilities other than child support, the

matter shall be promptly scheduled for a conference or hearing before a

judge.

(5) Proceedings After Entry of Interim Order.

(A) Uncontested Proceedings. If there are no issues in dispute

following the entry of an interim order, the case shall be scheduled for an

uncontested final hearing before the court.

(B) Contested Proceedings. Where Mediation Is Required. When

issues remain in dispute and mediation is required but has not been held

on these issues, the case shall be referred to mediation as provided in

Rule 92(b).

(i) If the issues are resolved by mediation, the case shall be

scheduled for a final, uncontested hearing before the court.

(ii) When issues remain in dispute, the case shall be scheduled for

a final, contested hearing. If child support is the only contested issue, the

matter shall be scheduled before a magistrate. When other issues are in

dispute, a judge shall preside at the final hearing unless the parties

otherwise agree pursuant to Rule 114(b)(3).

(C) Contested Proceedings Where Mediation Is Not Required.

When issues remain in dispute, the case shall be scheduled for a final,

contested hearing. If child support is the only contested issue, the matter

shall be scheduled before a magistrate. When other issues are in dispute,

a judge shall preside at the final hearing unless the parties otherwise

agree pursuant to Rule 114(b)(3).

(6) Post-Judgment Motions.

(A) Motions to Modify.

(i) The case management process stated in these rules shall be used

for post-judgment motions to modify.

(ii) Uncontested Motions. Instead of attending a case management

conference on a post-judgment motion, the parties may file a certificate

stating that a hearing is not necessary because the motion is unopposed

or the parties have reached an agreement. The certificate must be signed

by both parties under oath, and be accompanied by a stipulated order.

When the proceeding is a motion to modify child support and the

responding party does not request a hearing, the conference may be

waived and the magistrate may enter an order pursuant to 19-A M.R.S. §

2009(6).

(B) Motions to Enforce. A motion to enforce a judgment or order

shall be addressed in a timely fashion and shall be heard by a magistrate

as part of a post-judgment docket. If the motion is not resolved at the

post-judgment docket, the motion shall be referred to a judge who may

refer the motion to mediation, or may refer the action for prompt

scheduling of a hearing before a judicial officer. If the matter cannot be

scheduled promptly on a post-judgment docket, the motion shall not be

included in the case management process and shall be referred to a judge.

Relief on a motion to enforce may include amendment of a judgment or

order if such is necessary to achieve the purposes of the judgment or

order.

(C) Contempt. Contempt proceedings shall be referred to a judge.

(7) Effect of Case Management and Interim Orders. A magistrate’s

case management and interim orders are effective when signed and remain

effective until amended or until a final order is entered. A magistrate’s order is

enforceable as an order of the court and is entitled to full faith and credit. An

interim order does not constitute the law of the case, and the issues may be

decided de novo at the final hearing.