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ME · rules

M.R. Civ. P. 16

PRETRIAL PROCEDURE IN THE SUPERIOR COURT

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

(a) Case Management.

(1) Standard Scheduling Order. Unless otherwise ordered by the

court, after the filing of the answer in any civil action in the Superior Court other

than proceedings pursuant to Rule 80, 80B or 80C, the court shall enter a

standard scheduling order setting deadlines for a conference of counsel

concerning discovery, the joinder of additional parties, the exchange of expert

witness designations and reports, the scheduling and completion of an

alternative dispute resolution conference when required by Rule 16B, the

completion of discovery, the filing of motions, and the placement of the action

on the trial list. The standard scheduling order shall not be modified except in

accordance with Rule 16(a)(2) or on motion for good cause shown. The joinder

of additional parties after the standard scheduling order has issued shall not

require a modification of the scheduling order except on motion for good cause

shown.

(2) Modified Scheduling Order. On motion by a party filed within

30 days of the entry of the standard scheduling order, or at any time on the

court’s own initiative, the standard scheduling order may be modified or

supplemented to address the requirements of a case not addressed by the

standard scheduling order. The court, after conferring with the parties and

considering the nature of the case, may in the modified or specialized

scheduling order establish deadlines, schedules, and other orders for the

efficient preparation of the case for trial. Once entered, the modified scheduling

order shall not be further modified except for good cause shown.

(b) Pretrial Order and Trial Management Conference. Unless the court

has ordered otherwise when the action is placed on the trial list, the court shall

enter a pretrial order setting deadlines for final pretrial filings and settlement

discussions. The pretrial order shall be issued not later than 30 days prior to

the commencement of the trial session and shall not be modified except on

motion for good cause shown. On motion of a party or on its own motion, the

court may defer the pretrial order and order the parties to file pretrial

memoranda, briefs or such other filings as the court may direct. The court may

conduct a trial management conference. Unless excused for good cause, each

party shall be represented at the trial management conference by the attorney

who is to conduct the trial and who shall be prepared to represent the party’s

position on settlement and on all matters involved in the conduct of the trial.

At the trial management conference, the parties shall be prepared and

authorized to discuss settlement in good faith. The court may conduct a

settlement conference and may direct the parties, their insurers, and their

authorized representatives to appear at the settlement conference and to

participate in good faith.

(c) Reserved.

(d) Sanctions. If a party fails to comply with the requirements of this rule

or any order made hereunder, the court may impose upon the party or the

party’s attorney, or both, such sanctions as the circumstances warrant, which

may include the dismissal of the action or any part thereof with or without

prejudice, the default of a party, the exclusion of evidence at the trial, and the

imposition of costs including attorney fees and travel. The court may expressly

order that the costs of sanctions be borne by counsel and not paid by counsel’s

client.

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
683469c15e54036367cf7639dc062007379e5c3fc5142ee73a7d3c62b044316d
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