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ME · rules

M.R. GAL 6

INVOLUNTARY REMOVAL FROM A PARTICULAR CASE

activein force · 2022-03-31 – presentact-effective-date

(a) Removal. A guardian ad litem may be removed from a particular

case only by order of the court, either on motion of a party to the case or on the

court’s own motion. When removing a guardian ad litem from a case, the

judicial officer may take any other action deemed appropriate.

(b) Motion. A party who wishes to seek the removal of a guardian ad

litem from a particular case shall proceed by written motion, which shall be

served upon the parties and the guardian ad litem. Any such motion shall state

whether a complaint has been filed with the Review Board pursuant to Rule 9.

Any opposition and reply to the motion shall be governed by the applicable

rules of court, and the guardian ad litem shall be treated as the opposing party

for purposes of the motion. The judicial officer shall hold a hearing on the

motion at the request of the party filing the motion. The motion may be

advanced on the docket and receive priority over other cases when the judicial

officer determines that the interests of justice so require.

(c) Mandatory Removal. A judicial officer shall remove a guardian ad

litem from a particular case if the guardian ad litem has been suspended or

removed from the Roster.

(d) Discretionary Removal. In all cases other than those specified in

Rule 6(c), the decision whether to remove a guardian ad litem from a particular

case is subject to the discretion of a judicial officer.

(e) No Right to Interlocutory Appeal. The decision whether to

remove a guardian ad litem from a particular case is not subject to interlocutory

review.

(f) Replacement. Following removal of the guardian ad litem, the

judicial officer shall appoint a successor guardian ad litem pursuant to Rule 2,

except that, in Title 18-C and Title 19-A cases, the court may order that the case

proceed without a guardian ad litem.

(g) Interrelationship with Rule 9. The provisions of this Rule do not

limit a party’s right to submit a complaint under Rule 9. A complaint submitted

to the Review Board by a party in an open proceeding shall not proceed until

the court issues a final judgment in that case, the court enters an order allowing

the Board to proceed, or the guardian ad litem is removed or discharged. A

party’s submission of a complaint to the Review Board under Rule 9 shall not

by itself require the removal of the guardian ad litem in the subject proceeding.

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
ffa57ce8ef8e2d1f40b4c05de7713d6a35e6ee0771c7549c5e1c45f2b5696b84
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