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Rule 81 – Applicability of Rules

May 13, 2021 | Civil Procedure, Maine

(a) To What Proceedings Fully Applicable. These rules apply to all proceedings in suits of a civil nature in the District Court, in the Superior Court, or before a single justice of the Supreme Judicial Court, with the exceptions set forth in subdivision (b) of this rule. They apply to civil proceedings in the Superior Court on removal or appeal from the District Court. A civil action under these rules is appropriate whether the suit is cognizable at law or in equity and irrespective of any statutory provisions as to the form of action.
(b) Limited Applicability.

(1)Superior Court. These rules do not alter the practice prescribed by the statutes of the State of Maine or the Maine Rules of Criminal Procedure or the Maine Bar Rules for beginning and conducting the following proceedings in the Superior Court or before a single justice of the Supreme Judicial Court:

(A) Proceedings for post-conviction relief in criminal actions or under the writ of habeas corpus.
(B) [RESERVED]
(C) Proceedings governed by the Maine Bar Rules.
(D) Applications for naturalization, judicial declarations of citizenship, or any other ex parte proceeding.
(E) Applications by any governmental agency, department, board, commission, or officer to enforce a subpoena, to compel the production of documents, or to require answer to pertinent questions.
(F) Proceedings with respect to contested elections for county or municipal office.

In respects not specifically covered by statute or other court rules, the practice in these proceedings shall follow the course of the common law, but shall otherwise conform to these rules, except that depositions shall be taken or interrogatories served only by order of the court on motion for cause shown.

Review by the Law Court, to the extent that review of any such proceeding is available, shall be by appeal or report in accordance with these rules, except that any such review in proceedings with respect to contested elections for county or municipal office shall conform to the procedure specified by statute therefor.

(2)District Court. These rules do not apply to the beginning and conducting of the following actions and proceedings in the District Court:

(A) Actions under the statutory small claims procedure except as incorporated expressly or by analogy in the Maine Rules of Small Claims Procedure.
(B) Ex parte proceedings.
(C) [Abrogated.]
(D) Proceedings for commitment, recommitment, or admission to a progressive treatment program of persons mentally ill.
(E) [RESERVED]
(F) Proceedings in the Juvenile Court.

Review by the Superior Court in all these proceedings and actions, except proceedings in the Juvenile Court, shall be by appeal in accordance with these rules except as modified for actions under the statutory small claims procedure by the Maine Rules of Small Claims Procedure.

(c) Scire Facias and Certain Extraordinary Writs Abolished. The writs of scire facias, mandamus, prohibition, certiorari, and quo warranto are abolished. Review of any action or failure or refusal to act by a governmental agency, including any department, board, commission, or officer, shall be in accordance with procedure prescribed by Rule 80B. Any other relief heretofore available by any of such writs may be obtained by appropriate action or motion under the practice prescribed by these rules. In any proceedings for such review or relief in which an order that an agency or other party do or refrain from doing an act is sought, all provisions of these rules applicable to injunctions shall apply.
(d) Other Writs Abolished. Writs of waste, dower, partition and account are abolished. In any action for relief or damages because of waste, or for dower, partition or account, the practice and procedure, including the summons, shall be as in other civil actions.
(e) Terminology in Statutes. In applying these rules to any proceeding to which they are applicable, the terminology of any statute which is also applicable, where inconsistent with that in these rules or inappropriate under these rules, shall be taken to mean the device or procedure proper under these rules.
(f) When Procedure Is Not Specifically Prescribed. When no procedure is specifically prescribed, the court shall proceed in any lawful manner not inconsistent with the Constitution of the State of Maine, these rules or any applicable statutes.

Me. R. Civ. P. 81

Amended June 19, 2014, effective September 1, 2014;October 7, 2014, effective November 1, 2014.

Advisory Note – October 2014

Rule 81(b)(2)(D) is amended to simplify its language.

Advisory Note – June 2014

Subdivision (b)(2)(D) is amended to include, among the District Court proceedings to which these Rules do not apply, proceedings for admission to a progressive treatment program for persons with mental illness. See 34-B M.R.S. ยง3873-A.

Advisory Committee’s Notes

May 1, 2000

The amendments to this rule are designed to modernize its language. The Bar Rules now govern proceedings for disciplinary action against of attorneys, and accordingly they are referenced in Rule 81. There is no longer an action to replevy a person, and the amendment eliminates the reference in subdivision (b)(1)(A). Paternity actions (what were once called “bastardy” cases), and Interstate Support Enforcement actions (no longer called “URESA”, as former subdivision (b)(2)(E) provided) are now subject to the regular provisions of the Maine Rules of Civil Procedure with appropriate adjustment for specific statutory requirements.