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Maine Clerk's Certification of a Judgment to be Registered in Another District

State:
Maine
Control #:
ME-SKU-0079
Format:
PDF
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Description

Clerk's Certification of a Judgment to be Registered in Another District

Maine Clerk's Certification of a Judgment to be Registered in Another District is a procedure in which a judgment entered in one district court in the state of Maine is certified and registered in another district court in the same state. This is done when one party is seeking to enforce the judgment in another district court. There are two types of Maine Clerk's Certification of a Judgment to be Registered in Another District: Original Clerk's Certification and Certified Copy Clerk's Certification. The Original Clerk’s Certification is when the clerk of the district court in which the judgment was originally entered certifies the judgment and forwards it to the registering court. The Certified Copy Clerk’s Certification is when the clerk of the district court in which the judgment was originally entered certifies a copy of the judgment and forwards it to the registering court. The registering court then records the judgment in its records. This process is used to enforce a judgment from one district court in another district court within the state of Maine.

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FAQ

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.

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.

The rule provides that findings of fact shall not be set aside unless clearly erroneous. It is believed that this standard corresponds to the present Maine law, both at law and in equity, although the court has formulated the standard in various ways.

A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution?and in proceedings supplementary to and in aid of judgment or execution?must with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.

A new trial shall not be granted solely on the ground that the damages are inadequate until the defendant has first been given an opportunity to accept an addition to the verdict of such amount as the court judges to be reasonable.

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.

No evidence of the contents of a writing in the hands of an adverse party will be admitted unless previous notice to produce the writing at trial has been given, nor shall counsel be allowed to comment upon a refusal to produce it without first proving such notice.

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Maine Clerk's Certification of a Judgment to be Registered in Another District