M.R. Civ. P. 56

(a) For Claimant. A party seeking to recover upon a claim, counterclaim,

or cross-claim or to obtain a declaratory judgment may move with or without

supporting affidavits for a summary judgment in the party’s favor upon all or

any part thereof. A motion for summary judgment may not be filed until the

expiration of 20 days from the commencement of the action.

(b) For Defending Party. A party against whom a claim, counterclaim, or

cross-claim is asserted or a declaratory judgment is sought may, at any time,

but within such time as not to delay the trial, move with or without supporting

affidavits for a summary judgment in the party’s favor as to all or any part

thereof.

(c) Proceedings on Motion. Any party opposing a motion may serve

opposing affidavits as provided in Rule 7(c). Judgment shall be rendered

forthwith if the pleadings, depositions, answers to interrogatories, and

admissions on file, together with the affidavits, if any, referred to in the

statements required by subdivision (h) show that there is no genuine issue as

to any material fact set forth in those statements and that any party is entitled

to a judgment as a matter of law. A summary judgment, interlocutory in

character, may be rendered on the issue of liability alone although there is a

genuine issue as to the amount of damages. Summary judgment, when

appropriate, may be rendered against the moving party.

(d) Case Not Fully Adjudicated on Motion. If on motion under this rule

judgment is not rendered upon the whole case or for all the relief asked and a

trial is necessary, the court at the hearing of the motion, by examining the

pleadings and the evidence before it and by interrogating counsel, shall if

practicable ascertain what material facts exist without substantial controversy

and what material facts are actually and in good faith controverted. It shall

thereupon make an order specifying the facts that appear without substantial

controversy, including the extent to which the amount of damages or other

relief is not in controversy, and directing such further proceedings in the action

as are just. Upon the trial of the action the facts so specified shall be deemed

established, and the trial shall be conducted accordingly. In the event that a

moving party’s motion for summary judgment is denied in whole or in part,

facts admitted by the parties solely for the purpose of the summary judgment

motion shall have no preclusive effect at trial.

(e) Form of Affidavits; Further Testimony; Defense Required. Supporting

and opposing affidavits shall be made on personal knowledge, shall set forth

such facts as would be admissible in evidence, and shall show affirmatively that

the affiant is competent to testify to the matters stated therein. Sworn or

certified copies of all papers or parts thereof referred to in an affidavit shall be

attached thereto or served therewith. The court may permit affidavits to be

supplemented or opposed by depositions, answers to interrogatories, or

further affidavits. When a motion for summary judgment is made and

supported as provided in this rule, an adverse party may not rest upon the mere

allegations or denials of that party’s pleading, but must respond by affidavits or

as otherwise provided in this rule, setting forth specific facts showing that there

is a genuine issue for trial. If the adverse party does not so respond, summary

judgment, if appropriate, shall be entered against the adverse party.

(f) When Affidavits Are Unavailable. Should it appear from the affidavits

of a party opposing the motion that the party cannot for reasons stated present

by affidavit facts essential to justify the party’s opposition, the court may refuse

the application for judgment or may order a continuance to permit affidavits to

be obtained or depositions to be taken or discovery to be had or may make such

other order as is just.

(g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of

the court at any time that any of the affidavits presented pursuant to this rule

are presented in bad faith or solely for the purpose of delay, the court shall

forthwith order the party employing them to pay to the other party the amount

of the reasonable expenses which the filing of the affidavits caused the other

party to incur, including reasonable attorney fees, and any offending party or

attorney may be adjudged guilty of contempt.

(h) Statements of Material Fact.

In addition to the material required to be filed by Rule 7, a motion for

summary judgment and opposition thereto shall be supported by statements of

material facts as addressed in paragraphs (1), (2), (3), & (4) of this rule.

(1) Supporting Statement of Material Facts. A motion for summary

judgment shall be supported by a separate, short, and concise statement of

material facts, set forth in numbered paragraphs, as to which the moving party

contends there is no genuine issue of material fact to be tried. Each fact

asserted in the statement shall be set forth in a separately numbered paragraph

and shall be supported by a record citation as required by paragraph (4) of this

rule.

(2) Opposing Statement. A party opposing a motion for summary

judgment shall submit with its opposition a separate, short, and concise

opposing statement. The opposing statement shall admit, deny or qualify the

facts asserted by reference to each numbered paragraph of the moving party’s

statement of material facts and unless a fact is admitted, shall support each

denial or qualification by a record citation as required by this rule. Each such

statement shall begin with the designation “Admitted,” “Denied,” or “Qualified”

(and, in the case of an admission, shall end with such designation). In addition

to any denials or qualifications, the party opposing summary judgment may

note any objections to factual assertions made by the moving party as set forth

in paragraph (i). The opposing statement may contain in a separately titled

section any additional facts which the party opposing summary judgment

contends raise a disputed issue for trial, set forth in separate numbered

paragraphs and supported by a record citation as required by paragraph (4) of

this rule.

(3) Reply Statement of Material Facts. A party replying to the

opposition to a motion for summary judgment shall submit with its reply a

separate, short, and concise response limited to the additional facts submitted

by the opposing party and any objections to denials or qualifications as set forth

in paragraph (i). The reply statement shall admit, deny or qualify such

additional facts by reference to the numbered paragraphs of the opposing

party’s statement of material facts and unless a fact is admitted, shall support

each denial or qualification by a record citation as required by paragraph (4) of

this rule. Each reply statement shall begin with the designation “Admitted,”

“Denied,” or “Qualified” (and, in the case of an admission, shall end with such

designation).

(4) Statement of Facts Deemed Admitted Unless Properly

Controverted; Specific Record of Citations Required. Facts contained in a

supporting or opposing statement of material facts, if supported by record

citations as required by this rule, shall be deemed admitted unless properly

controverted. An assertion of fact set forth in a statement of material facts shall

be followed by a citation to the specific page or paragraph of identified record

material supporting the assertion. The court may disregard any statement of

fact not supported by a specific citation to record material properly considered

on summary judgment. The court shall have no independent duty to search or

consider any part of the record not specifically referenced in the parties’

separate statement of facts.

(i) Motions to Strike Not Permitted.

(1) Motions to strike factual assertions, denials, or qualifications

contained in any statement of material facts filed pursuant to this rule are not

permitted. If a party contends that the court should not consider a factual

assertion, denial, or qualification, the party may set forth an objection in either

its opposing statement or in its reply statement and shall include a brief

statement of the reason(s) for the objection and any supporting authority or

record citations.

(2) A party moving for summary judgment may respond in its reply

statement to any objections made by the party opposing summary judgment. If

the moving party objects in its reply statement to any factual assertion, denial,

or qualification made by the opposing party, the party opposing summary

judgment may file a response within 7 days of the filing of the reply statement.

Such a response shall be strictly limited to a brief statement of the reason(s)

why the factual assertion should be considered and any supporting authority

or record citations.

(j) Foreclosure Actions. No summary judgment shall be entered in a

foreclosure action filed pursuant to Title 14, Chapter 713 of the Maine Revised

Statutes except after review by the court and determination that (i) the service

and notice requirements of 14 M.R.S. § 6111 and these rules have been strictly

performed; (ii) the plaintiff has properly certified proof of ownership of the

mortgage note and produced evidence of the mortgage note, the mortgage, and

all assignments and endorsements of the mortgage note and the mortgage; and

(iii) mediation, when required, has been completed or has been waived or the

defendant, after proper service and notice, has failed to appear or respond and

has been defaulted or is subject to default. In actions in which mediation is

mandatory, has not been waived, and the defendant has appeared, the

defendant’s opposition pursuant to Rule 56(c) to a motion for summary

judgment shall not be due any sooner than ten (10) days following the filing of

the mediator’s report.