M.R. Civ. P. 64

(a) Availability of Replevin. A plaintiff claiming the possession of goods

wrongfully taken or detained may replevy the goods on writ of replevin as

provided by this rule or by law, provided that the value of the goods sought to

be replevied is within the subject-matter jurisdiction of the court.

(b) Writ of Replevin: Form. The writ of replevin shall bear the signature

or facsimile signature of the clerk, be under seal of the court, contain the name

of the court, the names and residences of the parties and the date of the

complaint, be directed to the sheriff or the sheriff’s deputies of the county

within which the goods are located, and command them to replevy the goods,

which shall be described with reasonable particularity and their respective

values stated. The writ of replevin shall also state the name of the justice or

judge who entered the order approving the writ of replevin and the amount of

the replevin bond and the date of the order.

(c) Same: Service. No writ of replevin shall be executed unless both it and

the amount of the replevin bond are approved by order of the court. Except as

provided in subdivision (h) of this rule, the order of approval may be entered

only after notice to the defendant and hearing and upon a finding by the court

that it is more likely than not that the plaintiff will prevail in the replevin action

and that the amount of the replevin bond is twice the reasonable value of the

goods and chattels to be replevied.

A replevin action may be commenced only by filing the complaint with

the court, together with a motion for approval of the writ of replevin and the

amount of the replevin bond. The motion shall be supported by affidavit or

affidavits setting forth specific facts sufficient to warrant the required finding

and shall be upon the affiant’s own knowledge, information and belief; and, so

far as upon information and belief, shall state that the affiant believes this

information to be true. Except as provided in subdivision (h) of this rule, the

motion and affidavit or affidavits with notice of hearing thereon shall be served

upon the defendant in the manner provided in Rule 4 at the same time the

summons and complaint are served upon that defendant.

A defendant opposing a motion for approval of a writ of replevin shall file

material in opposition as required by Rule 7(c). If the defendant is deemed to

have waived all objection to the motion as provided in Rule 7(c) for failure to

file the opposition material within the time therein provided or as extended,

the court shall, without hearing, upon a finding that the plaintiff is entitled to a

writ of replevin under the terms of this subdivision (c), enter an order of

approval of the writ.

The writ of replevin may be procured in blank from the clerk and shall be

filled out by the plaintiff’s attorney as provided in subdivision (b) of this rule.

The plaintiffs’ attorney shall deliver to the officer replevying the goods the

original writ of replevin upon which to make the officer’s return and shall

attach thereto the bond required by law and a copy of the writ of replevin and

bond for service on the defendant. The officer shall forthwith cause the goods

to be replevied and delivered to the plaintiff. Thereupon the defendant shall be

served, in the manner provided in either Rule 4 or Rule 5, with a copy of the

writ of replevin and bond, with the officer’s endorsement thereon of the date of

execution of the writ.

(d) Allegations of Demand and Refusal; Title. If the action is for a

wrongful detention only, a demand and refusal of possession before beginning

the action shall be alleged by the plaintiff in replevin. Where the title to the

goods of the plaintiff in replevin rests upon the title of a third person or upon a

special property, the facts shall be alleged.

(e) Defenses; Counterclaim. All defenses shall be made by answer. If the

defendant in replevin claims title to the goods or relies upon the title of a third

person or upon a special property, the answer shall so state. All claims by the

defendant in replevin for a return of the goods, or for damages, or a lien in an

amount within the subject-matter jurisdiction of the court, shall be made by

counterclaim or answer.

(f) Replevin on Counterclaim, Cross-Claim or Third-Party Complaint.

Goods may be replevied on writ of replevin by a party bringing a counterclaim,

a cross-claim, or a third-party complaint in the same manner as upon an

original claim, provided that the goods are located within the county where the

action is pending and the value of the goods is within the subject-matter

jurisdiction of the court.

(g) Equitable Replevin. These rules shall not be construed to extend or

limit the availability of equitable replevin.

(h) Ex Parte Orders Approving Replevin. An order approving a writ of

replevin and the amount of the replevin bond may be entered ex parte upon

findings by the court that it is more likely than not that the plaintiff will prevail

in the replevin action and that the amount of the replevin bond is twice the

reasonable value of the goods and chattels to be replevied, and that either

(i) the person of the defendant is not subject to the jurisdiction of the court in

the action; or (ii) there is a clear danger that the defendant if notified in advance

of replevin of the property will remove it from the state or conceal it; or

(iii) there is immediate danger that the defendant will damage or destroy the

property to be replevied. The motion for such ex parte order, in the filing of

which the plaintiff’s attorney shall be subject to the obligations of Rule 11, shall

be supported by affidavit or affidavits meetings the requirements set forth for

affidavits in subdivision (c) of this rule. The hearing on the motion shall be held

forthwith after the filing of the complaint.

(i) Return of Property Replevied on Ex Parte Order. On 2 days’ notice to

the plaintiff or on such shorter notice as the court may prescribe, a defendant

from whom property has been replevied pursuant to an ex parte order entered

under subdivision (h) of this rule may appear, without thereby submitting to

the personal jurisdiction of the court, and move the return of the property

replevied, and in that event the court shall proceed to hear and determine such

motion as expeditiously as the ends of justice require. At such hearing the

plaintiff shall have the burden of justifying any finding in the ex parte order

which the defendant has challenged by affidavit. Nothing herein shall be

construed to abolish or limit any means, otherwise available by law, for

obtaining return of the replevied property or damages or a lien, or for obtaining

an adjudication of the rights of the parties in the replevied property.