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Maine Rules of Civil Procedure

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Maine Process Server Requirements

Domiciliary service is made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion residing in the domiciliary establishment.

No Service on SUNDAYS

Maine Revised Statutes §705

Maine Rules of Civil Procedure

Please note that lobbyists are active in the state of Maine and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Maine Courts web site.

Rule 4. Process

Summons: Form.

The summons shall bear the signature or facsimile signature of the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff’s attorney, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of failure to do so judgment by default will be rendered against the defendant for the relief demanded in the complaint.

Same: Issuance.

The summons may be procured in blank from the clerk and shall be filled out by the plaintiff’s attorney as provided in subdivision (a) of this rule. The plaintiff’s attorney shall deliver to the person who is to make service the original summons upon which to make return of service and a copy of the summons and of the complaint for service upon the defendant.

Service.

Service of the summons and complaint may be made as follows:

Summons: Personal Service.

The summons and complaint shall be served together. Personal service within the state shall be made as follows:

Personal Service Outside State.

A person who is subject to the jurisdiction of the courts of the state may be served with the summons and complaint outside the state, in the same manner as if such service were made within the state, by any person authorized to serve civil process by the laws of the place of service or by a person specially appointed to serve it. An affidavit of the person making service shall be filed with the court stating the time, manner, and place of service. Such service has the same force and effect as personal service within the state.

Service Outside State by Mail in Certain Actions.

Where service cannot, with due diligence, be made personally within the state, service of the summons and complaint may be made upon a person who is subject to the jurisdiction of the courts of the state by delivery to that person outside the state by registered or certified mail, with restricted delivery and return receipt requested, in the following cases:

Service by Publication.

Return of Service.

The person serving the process shall make proof of service thereof on the original process or a paper attached thereto for that purpose. and shall forthwith return it to the plaintiffs attorney. The plaintiffs attorney shall, within the time during which the person served must respond to the process, file the proof of service with the court. If service is made under paragraph (c)(1) of this rule, return shall be made by the plaintiff’s attorney filing with the court the acknowledgment received pursuant to that paragraph. The attorney’s filing of such proof of service with the court shall constitute a representation by the attorney, subject to the obligations of Rule 11, that the copy of the complaint mailed to the person served or delivered to the officer for service was a true copy. If service is made by a person other than a sheriff or the sheriff’s deputy or another person authorized by law, that person shall make proof thereof by affidavit. The officer or other person serving the process shall endorse the date of service upon the copy left with the defendant or other person. Failure to endorse the date of service shall not affect the validity of service.

Amendment.

At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

Alternative Provisions for Service in a Foreign Country.

Rule 45. Subpoena

Form; Issuance.

Service.

Protection of Persons Subject to Subpoenas.

(B) If a subpoena

Duties in Responding to a Subpoena.

Motions.

Motions concerning subpoenas issued in discovery or pretrial proceedings shall be made under Rule 26(g). Motions concerning subpoenas issued to command appearance or production of documents or tangible things at trial or hearing shall be directed first to the judge or justice presiding at such trial or hearing.

Contempt.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court in which the action is pending or in the county in which the deposition is taken. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph©(3)(A). Punishment for contempt under this subdivision (f) shall be in accordance with Rule 66 and 16 M.R.S.A. § 102. [Amended effective February 15, 1993; February 15, 1996; March 1, 1998; May 1, 1999.]

MAINE REVISED STATUTES

14 M.R.S.A. § 701. Rules for service Service of process shall be as prescribed by rule of court. R.S. 1954, c. 106, § 17; 1959, c. 317, § 77.

§ 704-A. Persons subject to jurisdiction

Declaration of purpose.

It is declared, as a matter of legislative determination, that the public interest demands that the State provide its citizens with an effective means of redress against nonresident persons who, through certain significant minimal contacts with this State, incur obligations to citizens entitled to the state’s protection. This legislative action is deemed necessary because of technological progress which has substantially increased the flow of commerce between the several states resulting in increased interaction between persons of this State and persons of other states. This section, to insure maximum protection to citizens of this State, shall be applied so as to assert jurisdiction over nonresident defendants to the fullest extent permitted by the due process clause of the United States Constitution, 14th amendment.

Causes of action.

Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated in this section, thereby submits such person, and, if an individual, his personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts:

Personal service.

Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this section, may be made by personally serving the summons upon the defendant outside this State, with the same force and effect as though summons had been personally served within this State.

Jurisdiction based upon this section.

Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him is based upon this section.

Other service not affected.

Nothing contained in this section limits or affects the right to serve any process in any other manner now or hereafter provided by law. [fn1] 19-A M.R.S.A. § 1551 et seq. (1975, c. 770, § 80, eff. April 16, 1976; 1977, c. 696, §§ 162, 163, eff. March 31, 1978; 1995, c. 694, § D-14, eff. Oct. 1, 1997.)

§ 705. Civil process served on Sunday void

Officer liable A person may not serve or execute any civil process on Sunday, but such a service is void and the person executing it is liable in damages to the party aggrieved as if the person had no process. This section does not apply to service or execution of a protection from harassment order issued under Title 5, chapter 337-A or a protection from abuse order issued under Title 19- A, chapter 101.

You should contact an Maine Process Server if you have specific questions about Process Serving in Maine.