Maine Summons in a Civil Action is a court-issued document that is served by a plaintiff (the party filing the lawsuit) to a defendant (the party being sued) to inform them of a lawsuit. It is a formal notice from the court system that a legal action has been filed against them and that they must respond formally to the court. The summons must include the court’s name, the parties’ names, the case number, and the relief sought. The types of Maine Summons in a Civil Action are summons to appear, summons and complaint, summons and declaration, and summons by publication. Summons to appear informs the defendant of the court hearing date, summons and complaint includes a copy of the complaint and the summons, summons and declaration includes a copy of the declaration and the summons, and summons by publication is used when the defendant's address is unknown.
Maine Summons in a Civil Action
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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.
If a pleading or motion is signed with intent to defeat the purpose of this rule, the court, upon motion or upon its own initiative, may impose upon the person who signed it, upon a represented party, or upon both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of
Rule 4A(d)(1) explicitly requires the motion justice to limit the attachment to certain specific property or credits upon a showing by the defendant that the property or credits offered by the defendant are adequate and available to satisfy the judgment and that, otherwise, hardship to defendant will result.
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 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.
ON PLEADINGS The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and presented separately.
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.