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ME · rules

M.R. Civ. P. 77

SUPERIOR AND DISTRICT COURTS AND CLERKS

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

(a) Courts Always Open. The Superior and District Courts shall be

deemed always open for the purpose of filing any pleading or other proper

paper, of issuing and returning mesne and final process, and of making and

directing all interlocutory motions, orders, and rules. Filings after normal

business hours and at places other than appropriate for the venue of the

proceeding are governed by Rule 5(g).

(b) Trials and Hearings; Orders in Chambers. All trials upon the merits

shall be conducted in open court and so far as convenient in a regular

courtroom. All other acts or proceedings may be done or conducted by a justice

or judge in chambers, without the attendance of the clerk or other court officials

and at any place either within or without the county or division where the

action is pending.

(c) Clerk’s Office and Orders by Clerk. The clerk’s office with the clerk or

a deputy in attendance shall be open on all days except Saturdays, Sundays,

legal holidays, and such other days as the Chief Justice of the Supreme Judicial

Court may designate. The hours of operation shall be designated by the Chief

Justice of the Supreme Judicial Court by way of administrative Order. All

motions and applications in the clerk’s office for issuing mesne process, for

issuing final process to enforce and execute judgments, for entering defaults or

judgments by default, and for other proceedings that do not require allowance

or order of the court are grantable of course by the clerk; but the clerk’s action

may be suspended or altered or rescinded by the court upon cause shown.

(d) Notice of Orders or Judgments. Immediately upon the entry of an

order or judgment the clerk shall serve a notice of the entry in a manner

provided for in Rule 5 upon every party who is not in default for failure to

appear, and shall make a note in the docket accordingly. In lieu of serving a

notice of the docket entry, the clerk may serve a copy of the order or judgment

in a manner provided for in Rule 5. Any such service is sufficient notice for all

purposes for which notice of the entry of an order is required by these rules;

but any party may in addition serve a notice of such entry in the manner

provided in Rule 5 for the service of papers. Lack of notice of the entry by the

clerk does not affect the time to appeal or relieve or authorize the court to

relieve a party for failure to appeal within the time allowed, except as permitted

in the Maine Rules of Appellate Procedure.

(e) Facsimile Signature of the Clerk. A facsimile of the signature of the

clerk imprinted at the clerk’s direction upon any summons, writ, subpoena,

judgment, order or notice, except executions and criminal process, shall have

the same validity as the clerk’s signature.

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
ae146d72788bfff2f543636f0cc1610b8e602e55480012a2c867406efd5475ef
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