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Updated Aug. 12, 2024: SJC invites comments on proposed amendments to the Maine Rules of Small Claims Procedure regarding service of the statement of claim and notice of disclosure hearing. Comments due by September 4, 2024.
Date: 8/7/2024
The Maine Supreme Judicial Court invites comments on proposed amendments to Rules 4 and 12 of the Maine Rules of Small Claims Procedure. The amendments to Rule 4 would (1) employ simpler language, (2) provide for service by alternate means upon motion and a showing that service cannot with due diligence be made by another prescribed method, (3) update cross-references, (4) provide for the clerk to return paperwork when service cannot be completed by acknowledgment under subdivision (a)(1), and (5) provide a process for requesting that the court pay service costs under M.R. Civ. P. 91(c).
The amendments to Rule 12 would (1) distinguish more finely between the method for service by a judgment creditor and the method for service by the clerk; (2) clarify the notice requirements for the two types of service; (3) update references to Rule 4, to which proposed changes are pending; (4) update the rule's language for precision, and (5) specify the process to be employed when the court has approved a judgment creditors request to have service costs paid by the court pursuant to M.R. Civ. P. 91(c).
The proposed amendments are available at the links below.
Any comments must be filed with the Executive Clerk of the Supreme Judicial Court by 4:00 p.m. on Wednesday, September 4, 2024. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Any person or organization who wishes to comment on both the proposed amendments to Rule 4 and the proposed amendments to Rule 12 is encouraged to submit one set of comments covering both proposals.
Comments are public documents and may be posted on the Courts website.
Dated: August 7, 2024
Updated: August 12, 2024
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Proposed amendments to Rule 12