M.R. Civ. P. 80H

(a) Applicability. These rules shall apply to civil violation proceedings in

the District Court, other than traffic infraction proceedings; provided, however,

that this rule, so far as applicable, shall supersede the general provisions of the

rules in all such proceedings where the amount of the fine, penalty, forfeiture

or other sanction that may be assessed for each separate violation is $1,000 or

less. “Civil violation” has the meaning set forth in 17-A M.R.S.A. § 4-B.

(b) Commencement of Proceedings. A proceeding under this rule shall

be commenced by one of the following methods:

(1) A citation may be filled out in the manner prescribed in

paragraph (1) of subdivision (c) of this rule and served upon the defendant

within the state by any officer authorized to enforce a statute or ordinance to

which this rule applies, if the officer has probable cause to believe that a civil

violation under such statute or ordinance has been committed. Service under

this paragraph shall be made upon an individual by delivering a copy of the

citation to the individual personally and, if the defendant is an incompetent

person, personally to the appropriate individual specified in Rule 4(d)(3) of

these rules. Service under this paragraph shall be made upon any other entity

by delivering a copy of the citation personally to one of the appropriate

individuals specified in Rules 4(d)(4) through (10) of these rules.

(2) A citation may be filled out in the manner prescribed in

paragraph (1) of subdivision (c) of this rule by any officer authorized to enforce

a statute or ordinance to which this rule applies, if the officer has probable

cause to believe that a civil violation under such statute or ordinance has been

committed. The officer may cause the citation to be served, by any method

provided in Rule 4(d), (e), (f), (g) or (j) of these rules.

The officer serving the citation shall not take the defendant into

custody, except as temporary detention is authorized by 17-A M.R.S.A. § 17. As

soon as practicable after service upon the defendant, the officer shall cause the

original of the citation to be filed with the court. No filing fee is required. All

proceedings arising under a statute shall be brought in the name of the State of

Maine. All proceedings arising under an ordinance shall be brought in the name

and to the use of the political subdivision which enacted such ordinance.

(c) Content of Citation and Complaint.

(1) A citation to be served as provided in subdivision (b) of this rule

shall contain the name of the defendant; the time and place of the alleged

violation; a brief description of the violation; the time, place and date the

defendant is to appear in court, which shall in no case be less than seven days

from the date of service unless the defendant agrees to a shorter period of time;

and the signature of the officer issuing the citation.

(2) The citation shall serve as a complaint, and no other summons,

complaint or pleading shall be required, but motions for appropriate

amendment of the complaint shall be freely granted. Any form which contains

the elements specified in paragraph (1) of this subdivision shall be sufficient

under the rules.

(d) Pleadings of Defendant.

(1) Oral. Unless the matter has been previously disposed of as

provided in paragraph (3) of this subdivision, the defendant shall appear at the

time and place specified, either personally or by counsel, and shall answer to

the complaint orally. At a defendant’s initial appearance before the court, the

defendant shall be informed by the court that if the defendant is adjudicated to

have committed the civil violation and if a fine is imposed by the court,

immediate payment of the fine in full is required.

(2) No Joinder. Proceedings pursuant to this rule shall not be joined

with any actions other than another proceeding pursuant to this rule, nor shall

a defendant file any counterclaim.

(3) Judgment on Acceptance of Admission. The District Court Clerk

may accept, at the signed request of the defendant, an admission upon payment

of a fine as set by the judge in that particular case or as set by the resident judge

in accordance with a schedule of fines established by the judge with the

approval of the Chief Judge for various categories of civil violations.

(e) Venue. A civil violation proceeding shall be brought in the division in

which the violation is alleged to have been committed.

(f) Discovery. Discovery shall be had only by agreement of the parties or

by order of the court on motion for good cause shown.

(g) Standard of Proof. Adjudication of a civil violation shall be by a

preponderance of the evidence.

(h) Default.

(1) Entry of Default. If the defendant fails to appear as required by

this Rule, the judge shall enter the defendant’s default, adjudicate that the

defendant has committed the civil violation alleged, and impose a fine as set by

the judge for that particular case or as set in accordance with a schedule of fines

for civil violations established by the Chief Judge of the District Court.

(2) Setting Aside the Default. For good cause shown, the court may

set aside the default and adjudication under M.R. Civ. P. 55(c) and 60(b), as

applicable. If it is determined that, due to the operation of the Soldiers’ and

Sailors’ Civil Relief Act of 1940, as amended, a default should not have been

entered, the court shall vacate the adjudication, strike the default and all costs

assessed, vacate any license suspension, and permit the defendant an

opportunity to answer.

(i) Appeal. A party entitled to appeal may do so as in other civil actions.

(j) Costs. Costs shall not be awarded as in other civil actions. Only those

costs expressly authorized by statute shall be imposed.

(k) Notice of Orders or Judgments. The clerk is not required to serve a

notice of the entry of an order or judgment on the State or municipality. The

clerk is not required to serve a notice of the entry of an order or judgment on

the defendant when the defendant, in writing, admits the violation or when the

defendant, personally or through counsel, appears in court and is informed by

the court of the judgment or order.