Maine Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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Multi-State
Control #:
US-01531BG
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A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

In the state of Maine, a Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal document that allows a party to request the inclusion of another party as a defendant in a lawsuit. This motion is commonly filed when the plaintiff realizes that a necessary party was not initially included in the lawsuit, therefore requiring an amendment to the original judgment. The purpose of the Motion to Amend or Correct Judgment is to ensure that all relevant parties are included in the legal proceedings, allowing for a fair and complete resolution of the case. By amending the judgment, the court can properly determine the responsibilities and liabilities of all parties involved, thus avoiding any potential issues or disputes that may arise as a result of the initial omission. Some scenarios that may warrant the filing of a Motion to Amend or Correct Judgment in Maine include: 1. Newly discovered information: If new evidence or facts come to light after the judgment has been rendered, it may become necessary to include an additional defendant who was previously unknown or not disclosed during the initial proceedings. 2. Identification or misrepresentation: In some cases, due to clerical errors, identification of parties, or intentional misrepresentation, a party who should have been included as a defendant may have been overlooked. Filing a motion is the appropriate course of action to correct this mistake. 3. Changed circumstances: Circumstances of a case may change over time, and a crucial party who was not initially involved may become relevant at a later stage. In such cases, filing a motion is essential to ensure that all parties with a real interest in the matter are properly represented. It is important to note that specific variations of the Motion to Amend or Correct Judgment may exist depending on the nature of the case or the preferences of the court. These variations may include: 1. Motion to Amend Judgment to Include Additional Party Defendant as Real Party in Interest in a Civil Case: This motion would typically apply to civil lawsuits where the inclusion of an additional party as a defendant is necessary to achieve a fair and complete resolution. 2. Motion to Correct Judgment to Include Additional Party Defendant as Real Party in Interest in a Criminal Case: In criminal cases, if it is discovered that a party who should have been included as a defendant was not initially named, this motion would be filed to rectify the oversight. In conclusion, a Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is an important legal document used in Maine to ensure all relevant parties are properly represented in a lawsuit. By filing this motion, the court can protect the rights of all parties involved and allow for a comprehensive resolution of the case.

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  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
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  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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Default. (a) Entry . When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

Federal Rule 41(a) permits voluntary dismissal without court approval only up until the filing of the answer or a motion for summary judgment; in Maine such voluntary dismissal may come as late as the eve of trial, at a time when other parties may have expended great time and effort as to the plaintiff or the defendant ...

No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party. There are minor differences in time limits and the Maine time bar is absolute.

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.

RULE 55. (1) Foreclosure Actions. No default or default judgment shall be entered in a foreclosure action filed pursuant to Title 14, Chapter 713 of the Maine Revised Statutes except after review by the court and determination that (i) the service and notice requirements of 14 M.R.S.

In a civil case, the court may admit evidence of specific instances of sexual behavior by an alleged victim offered to prove an alleged victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.

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Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a supplemental pleading setting forth ... Jun 5, 2023 — Relief on a motion to enforce may include amendment of a judgment or order if such is necessary to achieve the purposes of the judgment or.When an issue not raised by the pleadings is tried by the parties' express or implied consent, it must be treated in all respects as if raised in the pleadings. Motion practice is the three-step process to ask the judge to order something in the case. First, the moving party, i.e. the person who is asking for a court ... Complaint/Petition Request. The formal written document filed in a court which sets forth the names of the parties, the allegations, and the request for relief ... Grantees may appear and defend in civil actions against their grantors in which the real estate conveyed is attached. §6. Property of deceased debtor on joint ... An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the ... Defendant shall have thirty (30) days from the docketing of this order to file a responsive pleading to the Plaintiff's. Second Amended Complaint. 2. Plaintiffs ... After the complaint and answer have been filed, either party may file a motion asking for orders ... You must file a motion with the court to correct the order . The judgment of the court may affirm, reverse, or modify the decision under review or may remand the case to the governmental agency for further proceedings. (d) ...

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Maine Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest