Maine Waiver of the Service of Summons is a legal document that is used when someone is served with a summons or complaint in a civil lawsuit, but they want to waive their right to be served with the summons or complaint. This allows the plaintiff to proceed with the lawsuit without having to serve the defendant with the summons. There are two types of Maine Waiver of the Service of Summons: Voluntary Waiver and Constructive Waiver. In a voluntary waiver, the defendant voluntarily signs and files the waiver, indicating to the court that they are aware of the lawsuit and are willingly waiving their right to be served. In a constructive waiver, the defendant is aware of the lawsuit but does not sign or file the waiver. Instead, they take some action that indicates to the court that they are aware of the lawsuit and are willingly waiving their right to be served.
Maine Waiver of the Service of Summons
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Rule 11 - Pleas; Special Circumstances As to Acceptance of Certain Pleas; Notice to Noncitizens of Potential Adverse Immigration Consequences of a Plea (a) Pleas for any Crime. (1)In General. A defendant may plead not guilty, not criminally responsible by reason of insanity, guilty, or nolo contendere.
Supp. 399, the failure to join an indispensable party was raised under Rule 12(c). Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.
No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.
Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. No execution running against the body shall be issued unless, where the law expressly permits such execution, it is so ordered by the court after motion and hearing for good cause shown.
On application under Rule 26(g) to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or expense.
Rule 35(a) is amended to permit an order against a party for the examination of a person in his custody or under his legal control. Thus, a parent or guardian suing to recover for injuries to a minor may be ordered to produce the minor for examination.
Chapter XIII addresses cases involving minor children, child support, failure to appear, case management, conferences and discovery, among other topics. Mediation will be scheduled if parties cannot reach an agreement or if the court 'defers a conference at the request of the parties'.
Rule 30(b) (1) preserves the requirement of the Maine Rule that, in absence of a court order changing the length of notice, a notice of at least seven days shall be given for the taking of an oral deposition.