SCOPE OF THE FAMILY DIVISION RULES

Maine Rules of Civil Procedure

Rule: 100

Jurisdiction: ME

Bluebook Citation: Me. R. Civ. P. 100

The rules in this chapter shall govern procedure in the District Court and, where applicable, procedure on post-judgment motions in the Superior Court, in all actions for divorce, annulment, judicial separation, paternity or parentage, parental rights and responsibilities, child support, guardianship, adoption, name change, emancipation, visitation rights of grandparents, and any post-judgment motions arising from these actions. In addition, Rule 101(c) applies to minor plaintiffs in protection from abuse cases, and Rule 129 establishes the procedure to be used in child protection cases when a child who is in the custody of the Department of Health and Human Services is placed in a children’s residential treatment program that qualifies as a qualified residential treatment program. The District Court shall have exclusive jurisdiction over such actions, except that (1) any issue on which there is a constitutional right to a trial by jury may be heard 228 and decided by a jury in the Superior Court upon a proper and timely request for transfer in accordance with Rule 76, and (2) the Superior Court may continue to hear post-judgment motions in actions that were pending or concluded in the Superior Court on or before December 31, 2000 and have not been transferred to the District Court. Reference to the court within this chapter includes District Court Judges, Superior Court Justices, and Family Law Magistrates, unless otherwise specified. The Maine Rules of Civil Procedure shall govern all matters not addressed in these Family Division Rules. The rules in this chapter shall be construed to provide a system of justice that is responsive to the needs of families and the support of their children.

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