M.R. Civ. P. 80D

(a) Applicability to Forcible Entry and Detainer. These rules, so far as

applicable, shall govern the procedure in forcible entry and detainer actions in

the District Court and on appeal to the Superior Court and the Law Court, except

as otherwise provided in this rule or by statute.

(b) Summons. The summons in forcible entry and detainer actions shall

(1) bear the signature or facsimile signature of the judge or the

clerk;

(2) contain the name and address of the court and the names of the

parties;

(3) be directed to the defendant;

(4) state the day when the action is returnable, which shall be not

fewer than 14 days from the date of service of the summons; and

(5) notify the defendant that in case of defendant’s failure to appear

and state a defense on the return day, judgment by default will be rendered

against the defendant for possession of the premises.

(c) Judicial Branch Information Sheet and Mediation. In residential

forcible entry and detainer actions, the plaintiff must serve the Judicial Branch

information sheet and request for mediation form with both the notice of

termination of the tenancy, if any, and the forcible entry and detainer summons

and complaint. Either party may request mediation, using the form or

otherwise.

(d) Complaint. The complaint for forcible entry and detainer shall be filed

no later than 3 days before the date of the hearing. For good cause shown, the

court may hear a case filed after the deadline. When the complaint pertains to

a residential tenancy, the following materials must be included with the

complaint filed pursuant to this rule:

(1) A copy of any written lease or written rental agreement

between the parties; and

(2) A copy of any notice of termination of tenancy delivered to the

defendant (and any attachments thereto).

Any failure to provide the required attachments at the time of filing of the initial

complaint may be grounds for a continuance but not for dismissal.

(e) Defendant’s Pleading. If the defendant claims title in defendant’s

name or in the name of another person under whom the defendant claims the

premises, the defendant shall assert such claim by answer filed on or before the

return day, and further proceedings in the actions shall be as provided by law.

Otherwise the defendant may appear and defend without filing a responsive

pleading.

(f) Hearing.

(1) Legal Assistance. If the court has been advised that an attorney

is available to assist unrepresented tenants in forcible entry and detainer

actions on the day of hearings, the presiding judge shall announce the

availability of the attorney(s) at the call of the docket. Failure of the court to do

so is not, however, grounds for dismissal of the action or to set aside or appeal

any judgment entered against the tenant.

(2) Hearing Date. All forcible entry and detainer actions shall be in

order for trial on the return day.

(3) Mediation. At the time set for hearing, the court may refer the

parties to mediation pursuant to the process established by Rule 92(f) of these

rules. Every settlement resulting from mediation shall be presented to the

court in writing for approval as a court order, and the court shall approve

reasonable settlements. An approved settlement shall have the force and effect

of a judgment and may not be appealed. If no mediator is available, or if

mediation efforts fail or mediation proves inappropriate, the court shall hear

the matter without undue delay.

(g) Appeal.

(1) Appeal on Questions of Law. Either party may appeal to the

Superior Court and the Law Court on questions of law as in other civil actions.

(2) Appeal by Jury Trial De Novo.

(A) Notice of Appeal and Demand for Jury Trial. Either party may

appeal to the Superior Court by jury trial de novo on any issue so triable

of right by filing a notice of appeal as provided in Rule 76D. A party who

seeks a jury trial de novo shall include in the notice of appeal a written

demand for jury trial and shall file with the notice an affidavit or affidavits

meeting the requirements of Rule 56(e) and setting forth specific facts

showing that there is a genuine issue of material fact as to which there is

a right to trial by jury. Failure to make demand for jury trial with

accompanying affidavit or affidavits constitutes a waiver of the right to

jury trial, and the appeal shall be on questions of law only, as provided in

paragraph (1) of this subdivision.

(B) Preparation and Transmission of the Record. The record on

appeal shall be prepared in accordance with Rule 76F. The clerk of the

division shall transmit the record to the Superior Court within five days

of the filing of the notice of appeal, without waiting for a transcript. The

clerk of the Superior Court shall docket the appeal on receipt of the

record thus transmitted. If a transcript is subsequently received by the

clerk of the District Court, it shall be transmitted to the Superior Court

immediately and shall be incorporated in the record on appeal by the

clerk of the Superior Court.

(3) Same: Determination on Affidavits. The appellee may, within ten

days after the mailing of the clerk’s notice of the docketing of the appeal in the

Superior Court, file a counter affidavit or affidavits meeting the requirements

of Rule 56(e), together with a brief statement of the grounds of any cross appeal

for which notice was timely filed. The court may upon its own motion, or the

motion of either party, order that the transcript or relevant portions thereof be

incorporated in the record on appeal prior to the court’s review of the affidavits

and record under this paragraph. The court shall review the affidavits of both

parties and the record on appeal, including any transcript or portions thereof

ordered to be incorporated as provided in this paragraph, and shall determine

whether the appellant’s affidavits are adequate and, if so, whether there is a

genuine issue of material fact as to which there is a right to trial by jury.

(4) Same: Genuine Issue of Fact: Further Pretrial Proceedings;

Assignment for Trial. If the court finds that the appellant has shown in light of

the affidavits and the whole record, including any transcript or portions thereof

ordered to be incorporated as provided in paragraph (3) of this subdivision,

that there is a genuine issue of material fact as to which there is a right to trial

by jury, it shall either direct the clerk immediately to place the action upon a

jury trial list maintained in accordance with Rule 40 or shall order the parties

to file pretrial memoranda containing specified information or to appear for a

conference or to file memoranda and appear for a conference. After review of

the pretrial memoranda or at the conclusion of the conference, the court shall

direct the clerk to place the action upon a jury trial list. Scheduling of actions

for trial shall be at the direction of the court, as provided in Rule 40.

If either party intends to offer witnesses or exhibits not offered at

the trial in the District Court, that party shall file a list of the names and

addresses of such witnesses and a brief description of such exhibits within

10 days after notification that the action has been placed upon a jury trial list

or, if pretrial memoranda or a pretrial conference have been ordered, at the

time set by the court for such memoranda or conference. The opposing party

may file a similar list and description in reply within 10 days, or as ordered by

the court. No witness or exhibit may be offered in the Superior Court unless it

was offered in the District Court or appears on a list filed in accordance with

this paragraph.

(5) Same: No Genuine Issue of Fact: Disposition. If the court finds

that the appellant has not shown in light of all the affidavits and the whole

record that there is a genuine issue of material fact as to which there is a right

to trial by jury, it shall enter judgment dismissing the appeal; provided that, if

either party has raised an independent question of law in the notice of appeal,

the court shall review the record pertaining to it. If the court finds that a

properly raised question of law is material to a legal claim or defense, the

appeal shall proceed as provided for appeals on questions of law in paragraph

(1) of this subdivision.

(6) Same: Jury Trial. An action placed upon a jury trial list shall be

tried by jury. If the appellant withdraws the demand for jury trial in a writing

filed with the clerk before the date on which the jury is to be empanelled, or if

the court upon its own initiative at any time finds that no right to trial by jury

of any issue exists under the Constitution or statutes of the State of Maine, the

appeal shall be dismissed or proceed on a material question of law, as provided

in paragraph (5) of this subdivision.

(7) Same: Rules Inapplicable. Rules 16, 26-37, 39, 42 and 56 do not

apply to jury trials de novo in the Superior Court under this rule.

(h) No Joinder of Other Actions. Forcible entry and detainer actions shall

not be joined with any other action, nor shall a defendant in such action file any

counterclaim.

(i) Venue. An action for forcible entry and detainer shall be brought in

the division in which the property is located.

(j) Removal. There shall be no removal of forcible entry and detainer

actions, except as provided by statute.

(k) Issue of Writ of Possession; Stay. A writ of possession shall issue,

upon request and payment of the applicable fee, within the time provided by

statute after entry of judgment therefore, provided that

(1) If defendant within the time provided by statute makes a timely

motion pursuant to any of the rules enumerated in Rule 76D as terminating the

running of the time for appeal, the issuance of the writ shall be stayed until five

days after entry of an order disposing of the motion;

(2) On motion of defendant filed in the Superior Court within the

time provided by statute, or any extension thereof under paragraph (1) of this

subdivision, the Superior Court may grant a stay for the full time for appeal, or

any extension thereof, allowed under Rule 76D, if the Superior Court finds that

defendant’s grounds of appeal present a genuine issue of material fact or law;

(3) If defendant files a timely notice of appeal under Rule 76D,

issuance of the writ shall be stayed until a stay pending appeal is granted or

denied in the Superior Court as provided in paragraph (4) of this subdivision;

(4) When the appeal is docketed in the Superior Court, that court

may stay the issuance of the writ pending disposition of the appeal on

conditions as provided in 14 M.R.S.A. § 6008.

A copy of a writ of possession issued pursuant to this subdivision (k) shall be

retained by the clerk for examination by any interested person.

(l) Stays Upon Appeal to the Law Court. If an aggrieved party appeals

from a judgment of the Superior Court in accordance with Rule 76D, an order

of the Superior Court staying the writ of possession, together with any

conditions imposed pursuant to 14 M.R.S.A. § 6008, shall remain in effect until

final disposition of the appeal in the Law Court. Either party may move in the

Superior Court during the pendency of the appeal for modification or

amendment of the order as provided in 14 M.R.S.A. § 6008. Nothing in this rule

limits the power of the Law Court during the pendency of the appeal to make

any order appropriate to preserve the status quo or the effectiveness of the

judgment subsequently to be entered.