14 M.R.S. § 6502 — ME Code / Title 14 / Part 7 / Chapter 719 / Section 6502
14 §6502. Form
Status: in_force

Persons entitled as provided in section 6501 , and those in possession or having a right of entry for a term of years, as tenants in common, may commence an action for partition in the Superior Court or District Court held in the county where such estate is by a complaint, clearly describing it and stating whether it is a fee simple, for life or for years, and the proportion claimed by them, the names of the other tenants in common and their places of residence, if known, and whether any or all of them are unknown. [PL 1989, c. 392, §3 (AMD).]
14 M.R.S. § 6517 — ME Code / Title 14 / Part 7 / Chapter 719 / Section 6517
14 §6517. New partition; excessive share or value
Status: in_force

If a share larger than his real interest or more than equal in value to his proportion is set off to a part owner, an aggrieved part owner, who at the time of partition was out of the State and was not notified in season to prevent it, his heirs or assigns, may within 3 years thereafter apply to the court that made the partition and it shall cause a new partition to be made.
14 M.R.S. § 6313 — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6313
14 §6313. Redemption of estate from purchaser of equity
Status: in_force

If the purchaser of an equity of redemption, sold on execution, has satisfied and paid to the mortgagee or those claiming under him the sum due on the mortgage, the mortgagor or those claiming under him, having redeemed the equity of redemption within one year after such sale, may redeem such mortgaged estate from such purchaser or any person claiming under him within the time and in the manner that he might have redeemed it of the mortgagee if there had been no such sale made, and within such time only.
14 M.R.S. § 7404 — ME Code / Title 14 / Part 7 / Chapter 735 / Section 7404
14 §7404. Judgment; distraint lawful
Status: in_force

If it appears that the beasts were lawfully taken or distrained, the defendant shall have judgment for the sum found due from the plaintiff for the damages for which the beasts were distrained, with legal fees, costs and expenses occasioned by the distress and costs of the replevin action; or, instead thereof, the court may enter judgment for a return of the beasts to the defendant, to be held by him for the original purpose, irrepleviable by the plaintiff, and for the defendant's damages and costs in the replevin action.
14 M.R.S. § 4151 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4151
14 §4151. Property subject to attachment
Status: in_force

All goods and chattels may be attached and held as security to satisfy the judgment for damages and costs which the plaintiff may recover, except such as, from their nature and situation, have been considered as exempt from attachment according to the principles of the common law as adopted and practiced in the State, and such as are hereinafter mentioned. Such personal property may be attached on writs issued by the District Court in any division, when directed to the proper officer.

Following the entry of judgment in a civil action and prior to the issuance of a writ of execution upon the judgment, any interest in real or personal property, which is not exempt from attachment and execution, may be attached by the plaintiff by the filing in the registry of deeds for the county in which the property is located, with respect to real property, or in the office of the Secretary of State, with respect to property of a type a security interest in which may be perfected by a filing in such office under Title 11, Article 9-A , of an attested copy of the court order awarding judgment. Fees for the recording of the order must be as otherwise provided for similar documents. Notwithstanding section 4454 , the filing constitutes perfection of the attachment. The party whose property has been so attached must be immediately notified by certified letter, mailed by the plaintiff to the party's last known address, which must inform the party that an attachment has been filed against the party's real or personal property and must specify the registry of deeds or office of the Secretary of State in which the attachment has been recorded. [PL 1999, c. 699, Pt. D, §14 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]
14 M.R.S. § 2903 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2903
14 §2903. Lien for costs on articles at hand; payment by officer
Status: in_force

Where any person is adjudged trustee for specific articles in his hands, he has a lien thereon for his costs. The officer who disposes thereof on execution shall pay the trustee the amount due him for costs and deduct it from the amount of sale and account to the creditor for the balance. The amount of such fees shall be indorsed on the execution by the clerk and be evidence of the lien.
14 M.R.S. § 706 — ME Code / Title 14 / Part 2 / Chapter 203 / Section 706
14 §706. Execution of precepts when officer disqualified
Status: in_force

If any officer who has commenced the service or execution of a precept becomes disqualified, it may be completed by any other qualified officer with the same legal effect. If any officer aforesaid has made, in fact, any service, attachment or levy by virtue of any process placed in his hands for service and for any cause has not made his return thereon, such return shall be made by a sheriff, any deputy or other proper officer under direction of a Justice of the Superior Court held in the county where said writ is returnable, the facts to be set forth by said officer in said return to be proved to the satisfaction of said justice. If a deputy sheriff dies after he has served and returned a precept, the sheriff if alive, and if not, any deputy in commission at the time of such service may be allowed by the court to amend such return as the officer who made it might, but the rights of third parties shall not be affected thereby.
14 M.R.S. § 508 — ME Code / Title 14 / Part 2 / Chapter 201 / Section 508
14 §508. Transfer of venue
Status: in_force

A presiding Justice of the Superior Court may, in the interests of justice and to secure the speedy trial of an action, or for other good cause, transfer any civil action or proceeding from the Superior Court in one county to another county. The Chief Justice of the Superior Court may, in the interests of justice and to secure the speedy trial of actions and the efficient scheduling of trials, or for other good cause, transfer any number of civil actions or proceedings from the Superior Court in one county to another county. Transfer may also be by consent of all parties to any civil action or proceeding, provided that the prior approval of the Chief Justice of the Superior Court is obtained. [PL 1991, c. 634 (AMD).]
14 M.R.S. § 159-D — ME Code / Title 14 / Part 1 / Chapter 7 / Section 159-D
14 §159-D. Liability related to a bicyclist using a drive-up window
Status: in_force

1. Limited liability. An establishment that has a drive-up window is not liable for personal injury, property damage or death caused to a bicyclist who uses that establishment's drive-up window. [PL 2007, c. 400, §1 (NEW).]

2. Limitations. This section does not limit any liability that may otherwise exist for willful or malicious actions or failures to guard or warn against a known dangerous condition related to the use of the drive-up window. [PL 2007, c. 400, §1 (NEW).]

3. No duty created. This section does not create a duty of care or ground for liability. [PL 2007, c. 400, §1 (NEW).]

4. Costs and fees. The court may award any direct legal costs, including reasonable attorney's fees, to an establishment that is found not to be liable for injury to a bicyclist pursuant to this section. [PL 2007, c. 400, §1 (NEW).]
14 M.R.S. § 6353 — ME Code / Title 14 / Part 7 / Chapter 715 / Section 6353
14 §6353. Service of process -- Article III
Status: in_force

1. Personal jurisdiction. Service of process sufficient to acquire personal jurisdiction may be made within a state party to this compact, by a person who institutes an interpleader proceeding or interpleader part of a proceeding in another state, party to this compact, provided that such service shall fulfill the requirements for service of process of the state in which the service is made and provided further that such service shall meet the minimum standards for service of the jurisdiction where the proceeding is pending.

2. Validity. No such service of process shall be valid unless either: A. The subject matter of the proceeding is specific real property or tangible personal property situated within the state in which the proceeding is pending; or B. One or more of the claimants shall be either a permanent resident or domiciliary of the state in which the proceeding is pending; or C. A significant portion of the transaction out of which the proceeding shall have arisen shall have taken place in the state in which the proceeding is pending; or D. One of the claimants shall have initiated the action.
14 M.R.S. § 5523 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5523
14 §5523. Proceedings in court
Status: in_force

The party imprisoned or restrained may deny allegations of fact in the return or statement and may allege other material facts. The court or justice may, in a summary way, examine the cause of imprisonment or restraint, hear evidence produced on either side, and if no legal cause is shown for such imprisonment or restraint, the court or justice shall discharge him, except as provided in section 5516 .
14 M.R.S. § 6030-F — ME Code / Title 14 / Part 7 / Chapter 710 / Section 6030-F
14 §6030-F. Firearms in federally subsidized housing
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Firearm" has the same meaning as in Title 12, section 10001, subsection 21 . [PL 2015, c. 455, §1 (NEW).] B. "Rental agreement" means an agreement, written or oral, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. [PL 2015, c. 455, §1 (NEW).] C. "Subsidized apartment" means a rental unit for which the landlord receives rental assistance payments under a rental assistance agreement administered by the United States Department of Agriculture under the multifamily housing rental assistance program under Title V of the federal Housing Act of 1949 or receives housing assistance payments under a housing assistance payment contract administered by the United States Department of Housing and Urban Development under the housing choice voucher program, the new construction program, the substantial rehabilitation program or the moderate rehabilitation program under Section 8 of the United States Housing Act of 1937. "Subsidized apartment" does not include owner-occupied housing accommodations of 4 units or fewer. [PL 2015, c. 455, §1 (NEW).] [PL 2015, c. 455, §1 (NEW).]

2. Prohibition or restriction on firearms prohibited. A rental agreement for a subsidized apartment may not contain a provision or impose a rule that requires a person to agree, as a condition of tenancy, to a prohibition or restriction on the lawful ownership, use or possession of a firearm, a firearm component or ammunition within the tenant's specific rental unit. A landlord may impose reasonable restrictions related to the possession, use or transport of a firearm, a firearm component or ammunition within common areas as long as those restrictions do not circumvent the purpose of this subsection. A tenant shall exercise reasonable care in the storage of a firearm, a firearm component or ammunition. [PL 2015, c. 455, §1 (NEW).]

3. Damages; attorney's fees. If a landlord brings an action to enforce a provision or rule prohibited under subsection 2 , a tenant, tenant's household member or guest may recover actual damages sustained by that tenant, tenant's household member or guest and reasonable attorney's fees. [PL 2015, c. 455, §1 (NEW).]

4. Immunity. Except in cases of willful, reckless or gross negligence, a landlord is not liable in a civil action for personal injury, death, property damage or other damages resulting from or arising out of an occurrence involving a firearm, a firearm component or ammunition that the landlord is required to allow on the property under this section. [PL 2015, c. 455, §1 (NEW).]

5. Exception. This section does not apply to any prohibition or restriction that is required by federal or state law, rule or regulation. [PL 2015, c. 455, §1 (NEW).]
14 M.R.S. § 505 — ME Code / Title 14 / Part 2 / Chapter 201 / Section 505
14 §505. Local and transitory actions where counties, towns and other corporations are parties
Status: in_force

Local and transitory actions shall be commenced and tried as follows: When both parties are counties, in any county adjoining either; when a county is plaintiff, if the defendant lives therein, in an adjoining county; if he does not live therein, in the county in which he does live; when a county is defendant, if the plaintiff lives therein, in that county or in an adjoining county; if he does not live therein, in that county or in that in which he does live; when a corporation is one party and a county the other, in any adjoining county; when both parties are towns, parishes or school districts, in the county in which either is situated; when one party is a town, parish or school district and the other some corporation or natural person, in the county in which either of the parties is situated or lives; but all actions against towns for damages by reason of defects in highways shall be brought and tried in the county in which the town is situated. All other corporations may sue and be sued in the county in which they have an established place of business or in which the plaintiff or defendant, if a natural person, lives.
14 M.R.S. § 5006 — ME Code / Title 14 / Part 5 / Chapter 509 / Section 5006
14 §5006. No setoff allowed
Status: in_force

Executions shall not thus be set off against each other, when the sum due on one of them has been lawfully and in good faith assigned to another person before the creditor in the other execution became entitled to the sum due thereon; nor when there are several creditors or debtors in one execution, and the sum due on the other is due to or from a part of them only; nor to so much of the first execution as is due to the attorney in the action for his fees and disbursements therein.
14 M.R.S. § 4653 — ME Code / Title 14 / Part 5 / Chapter 509 / Section 4653
14 §4653. Renewal in 10 years
Status: in_force

An alias or pluries execution may be issued within 10 years after the day of issuance of the preceding execution and not afterwards. [PL 2001, c. 275, Pt. A, §3 (AMD).]
14 M.R.S. § 4605 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4605
14 §4605. Failure or refusal to discharge attachment
Status: in_force

If the plaintiff shall upon demand unreasonably delay or refuse to discharge the said attachment as prescribed in section 4604 , then the defendant by action filed in the county in which the attachment of said real estate was made shall be entitled on proof thereof to have the attachment discharged by a decree of the court duly filed in the registry of deeds, which the register of deeds shall record with reference thereto on the margin of the record of said attachment.
14 M.R.S. § 864 — ME Code / Title 14 / Part 2 / Chapter 205 / Section 864
14 §864. Presumption of payment after 20 years
Status: in_force

Every judgment and decree of any court of record of the United States or of any state or justice of the peace in this State is presumed to be paid and satisfied at the end of 20 years after any duty or obligations accrued by virtue of such judgment or decree, except for a child support order. For the purposes of this section, "child support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. [PL 2017, c. 102, §1 (AMD).]
14 M.R.S. § 6024-A — ME Code / Title 14 / Part 7 / Chapter 710 / Section 6024-A
14 §6024-A. Landlord failure to pay for utility service
Status: in_force

1. Deduct from rent. If a landlord fails to pay for utility service in the name of the landlord, the tenant, in accordance with Title 35‑A, section 706 , may pay for the utility service and deduct the amount paid from the rent due to the landlord. [PL 2009, c. 566, §11 (NEW).]

2. Award damages. In addition to the remedy set forth in subsection 1 , upon a finding by a court that a landlord has failed to pay for utility service in the name of the landlord, the court shall award to the tenant actual damages in the amount actually paid for utilities by the tenant or $100, whichever is greater, together with the aggregate amount of costs and expenses reasonably incurred in connection with the action. The court may also award to the tenant reasonable attorney's fees. [PL 2009, c. 566, §11 (NEW).]

3. Presumption. In any action brought pursuant to subsection 2 , there is a rebuttable presumption that the landlord knowingly failed to pay for the utility service. If the landlord rebuts this presumption, the landlord is liable to the tenant only for actual damages suffered by the tenant. [PL 2009, c. 566, §11 (NEW).]
14 M.R.S. § 4608 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4608
14 §4608. Proceedings and bond filed in clerk's office
Status: in_force

The petition and proceedings thereon shall be filed in the clerk's office in the county where the action is pending or returnable and recorded as a part of the case. The bond, when approved by such justice, shall be filed therein for the use of the plaintiff.
14 M.R.S. § 1214 — ME Code / Title 14 / Part 3 / Chapter 305 / Section 1214
14 §1214. Challenging compliance with selection procedures
Status: in_force

Within 7 days after the moving party discovered or by the exercise of diligence could have discovered the grounds therefor, and in any event before the traverse jury is sworn to try the case, a party may move to stay the proceedings, and in a criminal case to dismiss the indictment, or for other appropriate relief, on the ground of substantial failure to comply with the provisions of this chapter for selecting the grand or traverse jury. [PL 1971, c. 622, §54 (AMD).]

Upon motion filed under this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with such provisions, the moving party is entitled to present in support of the motion the testimony of the jury commissioners or the clerk, any relevant records and papers not public or otherwise available used by the jury commissioners or the clerk and any other relevant evidence. If the court determines that in selecting either a grand jury or a traverse jury there has been such a substantial failure, the court shall stay the proceedings pending the proper selection of the jury, dismiss an indictment or grant other appropriate relief. [PL 1971, c. 622, §55 (AMD).]

The procedures prescribed by this section are the exclusive means by which a person accused of a crime, the State or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with the provisions of this chapter. [PL 1971, c. 391, §1 (NEW).]
14 M.R.S. § 4753 — ME Code / Title 14 / Part 5 / Chapter 509 / Section 4753
14 §4753. Notice of sale
Status: in_force

The officer shall post public notice of the time and place of sale, at least 48 hours before the time thereof, in 2 or more public places in the town or place of sale.
14 M.R.S. § 7354 — ME Code / Title 14 / Part 7 / Chapter 735 / Section 7354
14 §7354. Bond before writ issues
Status: in_force

No person shall be delivered by such writ described in this chapter until a bond is given by the plaintiff or person suing in his behalf, to be returned to the court with the writ, for the sufficiency of which the officer shall be answerable, as in case of bail in civil actions.
14 M.R.S. § 7506 — ME Code / Title 14 / Part 7 / Chapter 739 / Section 7506
14 §7506. Single damages only
Status: in_force

If the jury finds that the defendant in such action has good reason to believe himself the owner of the land in severalty, or that he and those under whom he claims had been in exclusive possession thereof, claiming it as their own, for 3 years next before the acts complained of were committed, only single damages shall be recovered.
14 M.R.S. § 6108 — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6108
14 §6108. Court has jurisdiction over all defendants
Status: in_force

Upon the service of such notice in accordance with the order of the court, the court shall have jurisdiction of all persons made defendants in the manner provided, and shall upon due hearing make such decree upon the complaint and as to costs as it shall deem proper.
14 M.R.S. § 808 — ME Code / Title 14 / Part 2 / Chapter 205 / Section 808
14 §808. Death during period of disability
Status: in_force

If the person first entitled to make the entry or bring the action dies during the continuance of the disability and no determination or judgment has been had on his title or right of action, the entry may be made or action brought by his heirs, or other person claiming under him, at any time within 10 years after his death, notwithstanding the 20 years have elapsed; but no such further time for bringing the action or making the entry, beyond that hereinbefore prescribed, shall be allowed by reason of the disability of any other person.
14 M.R.S. § 6305 — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6305
14 §6305. Mortgagee out of State
Status: in_force

When a civil action for redemption is brought before an actual entry for breach of the condition, and before payment or tender, if the mortgagee or person claiming under him is out of the State and has not had actual notice, the court shall order proper notice to be given him and continue the cause as long as necessary.
14 M.R.S. § 1 — ME Code / Title 14 / Part 1 / Chapter 1 / Section 1
14 §1. Treasurers may bring action in own name
Status: in_force

Treasurers of state, counties, towns and corporations may maintain civil actions in their own names as treasurers on contracts given to them or their predecessors and prosecute civil actions pending in the names of their predecessors.
14 M.R.S. § 1354 — ME Code / Title 14 / Part 3 / Chapter 305 / Section 1354
14 §1354. Less than unanimous verdict or finding
Status: in_force

In the trial of all civil suits in the Superior Court of this State, if a number of jurors equal to at least 2/3 of the total number of jurors serving on a jury agree on a verdict or finding, they shall return it into court as the verdict or finding of that jury and the trial judge shall so instruct the jury; provided, however, that the parties to a civil suit may stipulate that a verdict or finding of a stated majority of the jurors must be taken as the verdict or finding of the jury. [PL 2003, c. 688, Pt. C, §4 (AMD).]
14 M.R.S. § 1803 — ME Code / Title 14 / Part 4 / Chapter 401 / Section 1803
14 §1803. No oral testimony on appeal; additional evidence
Status: in_force

No witnesses shall be heard orally before the law court as a part of the case on appeal, but the court may, in such manner and on such terms as it deems proper, authorize additional evidence to be taken when the same has been omitted by accident or mistake or discovered after the hearing.
14 M.R.S. § 6010-A — ME Code / Title 14 / Part 7 / Chapter 709 / Section 6010-A
14 §6010-A. Landlord's duty to mitigate
Status: in_force

1. Scope of section. If a tenant unjustifiably moves from the premises prior to the effective date for termination of the tenant's tenancy and defaults in payment of rent, or if the tenant is removed for failure to pay rent or any other breach of a lease or tenancy at will agreement, the landlord may recover rent and damages except amounts which the landlord could mitigate in accordance with this section, unless the landlord has expressly agreed to accept a surrender of the premises and end the tenant's liability. Except as the context may indicate otherwise, this section applies to the liability of a tenant under a lease or tenancy at will agreement or the tenant's assignee. [PL 2009, c. 566, §5 (AMD).]

2. Measure of recovery. In any claim against a tenant for rent and damages, or for either, the amount of recovery shall be reduced by the net rent obtainable by reasonable efforts to rerent the premises. "Reasonable efforts" means those steps which the landlord would have taken to rent the premises if they had been vacated in due course, provided that those steps are in accordance with local rental practice for similar properties. In the absence of proof that greater net rent is obtainable by reasonable efforts to rerent the premises, the tenant shall be credited with rent actually received under a rerental agreement minus expenses incurred as a reasonable incident of acts under subsection 4 , including a fair proportion of any cost of remodeling or other capital improvements. In any case, the landlord may recover, in addition to rent and other elements of damage, all reasonable expenses of listing and advertising incurred in rerenting and attempting to rerent, except as taken into account in computing the net rent. If the landlord has used the premises as part of reasonable efforts to rerent, under subsection 4, paragraph C , the tenant shall be credited with the reasonable value of the use of the premises, which shall be presumed to be equal to the rent recoverable from the defendant unless the landlord proves otherwise. If the landlord has other similar premises for rent and receives an offer from a prospective tenant not obtained by the defendant, it shall be reasonable for the landlord to rent the other premises for his own account in preference to those vacated by the defaulting tenant. [PL 1985, c. 293, §3 (NEW).]

3. Burden of proof. The landlord must allege and prove that he has made efforts to comply with this section. The tenant has the burden of proving that the efforts of the landlord were not reasonable, that the landlord's refusal of any offer to rent the premises or a part of the premises was not reasonable, that any terms and conditions upon which the landlord has in fact rerented were not reasonable and that any temporary use by the landlord was not part of reasonable efforts to mitigate in accordance with subsection 4, paragraph C . The tenant shall also have the burden of proving the amount that could have been obtained by reasonable efforts to mitigate by rerenting. [PL 1985, c. 293, §3 (NEW).]

4. Acts privileged in mitigation of rent or damages. The following acts by the landlord shall not defeat his right to recover rent and damages and shall not constitute an acceptance of surrender of the premises: A. Entry, with or without notice, for the purpose of inspecting, preserving, repairing, remodeling and showing the premises; [PL 1985, c. 293, §3 (NEW).] B. Rerenting the premises or a part of the premises, with or without notice, with rent applied against the damages caused by the original tenant and in reduction of rent accruing under the original lease or tenancy at will agreement; [PL 2009, c. 566, §6 (AMD).] C. Use of the premises by the landlord until such time as rerenting at a reasonable rent is practical, not to exceed one year, if the landlord gives prompt written notice to the tenant that the landlord is using the premises pursuant to this section and that he will credit the tenant with the reasonable value of the use of the premises to the landlord for such a period; and [PL 1985, c. 293, §3 (NEW).] D. Any other act which is reasonably subject to interpretation as being in mitigation of rent or damages and which does not unequivocally demonstrate an intent to release the defaulting tenant. [PL 1985, c. 293, §3 (NEW).] [PL 2009, c. 566, §6 (AMD).]
14 M.R.S. § 6026-A — ME Code / Title 14 / Part 7 / Chapter 710 / Section 6026-A
14 §6026-A. Municipal intervention to provide for basic necessities
Status: in_force

In accordance with the procedures provided in this section, the municipal officers of any town or city or their designee may provide for basic necessities and any repair activities to ensure the continued habitability of any premises leased for human habitation. For the purposes of this section, "basic necessities" means those services, including but not limited to maintenance, repairs and provision of heat or utilities, that a landlord is otherwise responsible to provide under the terms of a lease, a tenancy at will agreement or applicable law. [PL 2009, c. 566, §15 (AMD).]

1. Imminent threat to habitability of leased premises exists. The leased premises must be in need of basic necessities such that the municipal officers or their designee can make a finding that an imminent threat to the continued habitability of the premises exists. [PL 2009, c. 566, §15 (AMD).]

2. Attempt to contact landlord. The municipal officers or their designee must document a good faith attempt to contact the landlord of the premises under subsection 1 regarding: A. The municipality's determination of the threat to habitability; [PL 2009, c. 135, §1 (NEW).] B. The municipality's intention to provide for basic necessities; [PL 2009, c. 566, §15 (AMD).] C. The municipality's intention to subsequently recover the municipality's direct and administrative costs from the landlord; and [PL 2009, c. 135, §1 (NEW).] D. The landlord's ability to avert the municipality's actions by causing the provision of basic necessities by a time certain. [PL 2009, c. 566, §15 (AMD).] This communication to the landlord must be either in person, by telephone or by certified mail as may be warranted considering the degree or imminence of the threat. [PL 2009, c. 566, §15 (AMD).]

3. Municipality may provide for basic necessities. If the landlord cannot be contacted in a timely manner or if the landlord does not cause the provision of basic necessities by a deadline identified by the municipal officers or their designee, the municipality may provide for basic necessities and whatever attendant activities may be necessary to ensure the proper functioning of the leased premises. [PL 2009, c. 566, §15 (AMD).]

4. Lien. The municipality has a lien against the landlord of the leased premises for the amount of money spent by the municipality to provide for basic necessities and attendant activities pursuant to this section, as well as all reasonably related administrative costs pursuant to subsection 5 . [PL 2009, c. 566, §15 (AMD).]

5. Filing of notice of lien; interest; costs. The municipal officers or their designee shall file a notice of the lien under subsection 4 with the register of deeds of the county in which the property is located within 30 days of providing for basic necessities. That filing secures the municipality's lien interest for an amount equal to the costs recoverable pursuant to this section. Not less than 10 days prior to the filing, the municipal officers or their designee shall send notification of the proposed action by certified mail, return receipt requested, to the owner of the real estate and any record holder of the mortgage. The lien notification must contain the title, address and telephone number of the municipal officer or officers who authorized the provision of basic necessities, an itemized list of the costs to be recovered by lien and the provisions of this subsection regarding interest rates and costs. The lien is effective until enforced by an action for equitable relief or until discharged. Interest on the amount of money secured by the lien may be charged by the municipality at a rate determined by the municipal officers but in no event may the rate exceed the maximum rate of interest allowed by the Treasurer of State pursuant to Title 36, section 186 . Interest accrues from and including the date the lien is filed. The costs of securing and enforcing the lien are recoverable upon enforcement. [PL 2009, c. 566, §15 (AMD).]
14 M.R.S. § 5534 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5534
14 §5534. Attachment against sheriff; service
Status: in_force

If such attachment is issued against a sheriff or his deputy, it may be directed to any person therein designated, who shall thereby have power to execute it, and the sheriff or his deputy may be committed to jail on such process in any county but his own.
14 M.R.S. § 7303 — ME Code / Title 14 / Part 7 / Chapter 735 / Section 7303
14 §7303. Bond; additional security
Status: in_force

Before serving the writ, the officer shall take from the plaintiff, or someone in his behalf, a bond to the defendant, with sufficient sureties or with a surety company authorized to do business in this State as surety, in double the value of the goods to be replevied, conditioned as in the prescribed form of the writ, to be returned with the writ to the court from which the writ issued, for the use of the defendant, and new sureties or surety company may be required thereon as provided in section 7403 .
14 M.R.S. § 2708 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2708
14 §2708. Disclosure under oath
Status: in_force

When a trustee has submitted himself to examination on oath in court, his disclosure may be sworn to before a justice of the court or a notary public, and being filed in court, shall have the same effect as if sworn to in open court. [PL 1981, c. 456, Pt. A, §53 (AMD).]
14 M.R.S. § 6050 — ME Code / Title 14 / Part 7 / Chapter 710-D / Section 6050
14 §6050. Right of first refusal
Status: in_force

A lessee of premises on which a structure owned by the lessee exists has the right of first refusal with regard to the leased premises if the lessor intends to sell or to offer to sell the leased premises as a separate parcel. Each lease subject to this chapter must make provision for a method of determining the sale price of the leased premises upon exercise of the right provided in this section. The lessor must give the lessee at least 90 days to accept the offer to purchase the lot. [PL 2003, c. 510, Pt. A, §12 (NEW).]
14 M.R.S. § 1605 — ME Code / Title 14 / Part 3 / Chapter 313 / Section 1605
14 §1605. Settlements to be approved by court
Status: in_force

No settlement of any action brought in behalf of an infant by next friend or defended on the infant's behalf by guardian or guardian ad litem is valid unless approved by the court in which the action is pending, or affirmed by an entry of judgment. If no action has been commenced, an infant by next friend may apply to any court in which an action based on the claim of the infant could have been commenced for an order approving the settlement of any such claim. An order approving such a settlement has the effect of a judgment. The court may make all necessary orders for protecting the interests of the infant, including requiring that funds be disbursed through establishment of a trust, and may require the guardian ad litem or next friend to give bond to truly account for all money received in behalf of the infant. [PL 1993, c. 97, §1 (AMD).]
14 M.R.S. § 2251 — ME Code / Title 14 / Part 4 / Chapter 403 / Section 2251
14 §2251. Redemption of rights and interest
Status: in_force

Real estate, and rights and interests therein, and mortgages and debts so sold, may be redeemed within one year, as land levied on by appraisement may be. The rights and remedies of the parties are the same for this purpose, as those of mortgagor and mortgagee.
14 M.R.S. § 7560 — ME Code / Title 14 / Part 7 / Chapter 739 / Section 7560
14 §7560. Lands of deceased insolvent
Status: in_force

If an heir or devisee of a person deceased, after the estate of the decedent is represented insolvent and before sale of the real estate for payment of debts or before all the debts are paid, removes or injures any building or any trees, except such trees as are needed for fuel or repairs, or commits any strip or waste on such estate, he shall forfeit treble the amount of damages, to be recovered by the executor or administrator in a civil action.
14 M.R.S. § 502 — ME Code / Title 14 / Part 2 / Chapter 201 / Section 502
14 §502. Sheriff's bond
Status: in_force

Actions on bonds given by sheriffs to the Treasurer of State shall be brought in the county for which such sheriff is commissioned.
14 M.R.S. § 5902 — ME Code / Title 14 / Part 7 / Chapter 705 / Section 5902
14 §5902. Demands due from deceased persons
Status: in_force

Demands against a person belonging to a defendant at the time of death of such person may be asserted by counterclaim against claims prosecuted by his personal representative. If a balance is found due to the defendant, judgment shall be in like form and of like effect as if he had commenced an action therefor. [PL 1979, c. 540, §22 (AMD).]
14 M.R.S. § 4504 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4504
14 §4504. Appraisal of attached property
Status: in_force

After the death of a defendant and before a decree of insolvency on his estate, the executor or administrator may demand of the attaching officer a certified copy of his return on the writ of attachment, with a description of the property attached, so that it may be described in the inventory of the estate subject to the attachment, and the appraisers may demand a view thereof so as to appraise it. If the officer fails to comply with either demand, he forfeits to the executor or administrator not less than $10 nor more than $30.
14 M.R.S. § 1801 — ME Code / Title 14 / Part 4 / Chapter 401 / Section 1801
14 §1801. Original papers sent upon appeal; exceptions
Status: in_force

In cases carried from a District Court to a higher court, all depositions and original papers, except the process by which the action was commenced, the return of service thereon and the pleadings shall be certified by the proper officer and carried up without leaving copies unless otherwise ordered by the court having original cognizance.
14 M.R.S. § 753-B — ME Code / Title 14 / Part 2 / Chapter 205 / Section 753-B
14 §753-B. Actions against attorneys
Status: in_force

1. Time when statute starts to run, generally. In actions alleging professional negligence, malpractice or breach of contract for legal service by a licensed attorney, the statute of limitations starts to run from the date of the act or omission giving rise to the injury, not from the discovery of the malpractice, negligence or breach of contract, except as provided in this section or as the statute of limitations may be suspended by other laws. [PL 2001, c. 115, §2 (NEW); PL 2001, c. 115, §3 (AFF).]

2. Rendering of title opinion. In an action alleging professional negligence in the rendering of a real estate title opinion, the statute of limitations starts to run on the date the negligence is discovered, but in no event may an action be commenced more than 20 years after the act or omission giving rise to the injury. [PL 2001, c. 115, §2 (NEW); PL 2001, c. 115, §3 (AFF).]

3. Drafting of last will and testament. In an action alleging professional negligence in the drafting of a last will and testament that has been offered for probate, the statute of limitations starts to run on the date the negligence is discovered. [PL 2001, c. 115, §2 (NEW); PL 2001, c. 115, §3 (AFF).]
14 M.R.S. § 166 — ME Code / Title 14 / Part 1 / Chapter 7 / Section 166
14 §166. Immunity for certain food donations
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Canned food" means any food commercially processed and prepared for human consumption. [PL 1981, c. 300 (NEW).] B. "Perishable food" means any food which may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. It includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shells, fresh fruits and vegetables and foods which have been packaged, refrigerated or frozen. [PL 1981, c. 300 (NEW).] [PL 1981, c. 300 (NEW).]

2. Immunity for donor. Notwithstanding any other provision of law, a good faith donor of canned or perishable food, which is apparently fit for human consumption at the time it is donated, to a bona fide charitable or not-for-profit organization for free distribution, is immune from civil liability arising from injury or death due to the condition of the food, unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the donor. [PL 1981, c. 300 (NEW).]

3. Immunity of distributor. Notwithstanding any other provision of law, a bona fide charitable or not-for-profit organization and any employee or volunteer of that organization who in good faith receive and distribute food, which is apparently fit for human consumption at the time it is distributed, without charge, are immune from civil liability arising from an injury or death due to the condition of the food, unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the organization. [PL 1981, c. 300 (NEW).]

4. Application. This section applies to all good faith donations of perishable food that is not readily marketable due to appearance, freshness, grade, surplus or other conditions, including food that is beyond the date by which the manufacturer recommends that the food be sold, but nothing in this section restricts the authority of any appropriate agency to regulate or bar the use of that food for human consumption. [PL 2009, c. 168, §1 (AMD).]

5. Immunity of facilities and establishments. Notwithstanding any other provision of law, a hospital or other health care facility licensed by the Department of Health and Human Services, or an eating establishment licensed under Title 22, chapter 562 that, in good faith and in accordance with guidelines established by the recipient organization, donates food that is apparently fit for human consumption at the time it is donated to a bona fide charitable or nonprofit organization for free distribution is immune from civil liability arising from injury, illness or death due to the condition or content of the food, unless the injury, illness or death is a direct result of intentional misconduct of the donor. Nothing in this subsection prevents a licensed hospital, health care facility or eating establishment from receiving the immunity provided in subsection 2 if the donor qualifies for immunity under the terms of that subsection. [PL 1991, c. 739, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
14 M.R.S. § 1604 — ME Code / Title 14 / Part 3 / Chapter 313 / Section 1604
14 §1604. Judgment divesting real estate recorded in registry of deeds
Status: in_force

No judgment or decree divesting any person of title to real estate shall be effectual against any person not a party to the action in which such judgment or decree is rendered, and persons not having actual notice thereof, unless a copy of such judgment or decree or so much thereof as relates to the title to such real estate duly certified by the clerk of courts in and for the county where said judgment or decree is rendered is, within 30 days after the rendering of such judgment or decree, duly recorded in the registry of deeds in the county or district in which such real estate is situated.
14 M.R.S. § 3103 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 3103
14 §3103. Subsequent proceedings; discharge if judgment less than $5 except counterclaim
Status: in_force

All subsequent proceedings in such actions shall be the same as in the Superior Court, varying the forms as circumstances require. When, in a trustee action before such District Court, the debt recovered against the principal is less than $5, the trustee shall be discharged unless the judgment is so reduced by means of a counterclaim filed.
14 M.R.S. § 3145 — ME Code / Title 14 / Part 5 / Chapter 502-A / Section 3145
14 §3145. Appeal
Status: in_force

A court order to pay a fine for a civil violation or a traffic infraction shall be stayed by the court upon request of the defendant if an appeal is taken and if the defendant deposits all of the fine with the clerk of the court. If, on appeal, the judgment is reversed, the clerk shall immediately refund to the defendant, or to such person as the defendant directs, any funds deposited to cover the defendant's fine. If the judgment is affirmed, the funds deposited shall be applied by the clerk in payment of the fine. The clerk shall immediately notify the defendant and the court that an application has been made and the fine paid in full. [PL 1987, c. 414, §2 (NEW).]
14 M.R.S. § 5803 — ME Code / Title 14 / Part 7 / Chapter 701 / Section 5803
14 §5803. Recovery of provable debts
Status: in_force

All other actions for recovery of a debt provable in bankruptcy or insolvency, when it appears that any defendant therein has filed his petition in bankruptcy or insolvency or has been adjudged a bankrupt or an insolvent, on petition of his creditors before or after the commencement of the action, shall be continued until the bankrupt or insolvent proceedings are closed unless the plaintiff strikes such defendant's name from the action, which he may do without costs; but when such defendant does not use diligence in the prosecution of his bankrupt or insolvent proceedings, after 30 days' notice to him in writing from the plaintiff, the court may refuse further delay.
14 M.R.S. § 6354 — ME Code / Title 14 / Part 7 / Chapter 715 / Section 6354
14 §6354. Scope of interpleader unaffected -- Article IV
Status: in_force

Nothing in this compact shall be construed to change any requirement or limitation on the scope of interpleader of the state in which the interpleader proceeding is pending except in relation to acquisition of personal jurisdiction.
14 M.R.S. § 6307 — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6307
14 §6307. Fraudulent mortgage
Status: in_force

When a mortgage is alleged and proved to be fraudulent, in whole or in part, an innocent assignee of the mortgagor, for a valuable consideration, may bring his action within the time allowed to redeem and be allowed to redeem without a tender.
14 M.R.S. § 7501 — ME Code / Title 14 / Part 7 / Chapter 739 / Section 7501
14 §7501. Remedy if tenant commits waste
Status: in_force

If a tenant in dower, by curtesy, for life or for years commits or suffers any waste on the premises, the person having the next immediate estate of inheritance may recover the place wasted and the damages done to the premises in an action against him. An heir may recover in the same action for waste done in his own time and in the time of his ancestor.
14 M.R.S. § 5528 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5528
14 §5528. -- restrained person
Status: in_force

The person restrained shall be designated by his name, if known; if unknown or uncertain, in any other way so as to make known who is intended.
14 M.R.S. § 806 — ME Code / Title 14 / Part 2 / Chapter 205 / Section 806
14 §806. Action by minister or sole corporation
Status: in_force

If a minister or other sole corporation is disseized, any of his successors may enter upon the premises or bring an action for their recovery at any time within 5 years after the death, resignation or removal of the person disseized, notwithstanding 20 years after disseizin have expired.
14 M.R.S. § 6010 — ME Code / Title 14 / Part 7 / Chapter 709 / Section 6010
14 §6010. Sums due for rent and damages
Status: in_force

Sums due for rent on leases under seal or otherwise and claims for damages to premises rented may be recovered in an action, specifying the items and amount claimed, but no action shall be maintained for any sum or sums claimed to be due for rental or for any claim for damages for the breach of any of the conditions claimed to be broken on the part of the lessee, his legal representatives, assigns or tenant, contained in a lease or written agreement to hire or occupy any building, buildings or part of a building, during a period when such building, buildings or part of a building, which the lessee, his assigns, legal representatives or tenant may occupy or have a right to occupy, shall have been destroyed or damaged by fire or other unavoidable casualty so that the same shall be thereby rendered unfit for use or habitation; provided that nothing herein shall render invalid or unenforceable an agreement contained in a lease of any building, buildings, or part of a building used primarily for other than residential purposes or in the case of any lease securing obligations guaranteed by the Maine Guaranty Authority or in any written instrument to pay the rental stipulated in said lease or agreement or any portion of such rental during a period when the building, buildings or part of a building described therein shall have been destroyed or damaged by fire or other unavoidable casualty so that the same shall be rendered unfit for use or habitation, in whole or in part. [PL 1973, c. 633, §21 (AMD).]

In any action for sums due for rent, if the court finds that: [PL 1977, c. 401, §3 (NEW).]

1. Notice of condition. The tenant, without unreasonable delay, gave to the landlord or to the person who customarily collects rent on behalf of the landlord written notice of a condition which rendered the rented premises unfit for human habitation; [PL 1977, c. 401, §3 (NEW).]

2. Cause of condition. The condition was not caused by the tenant or another person acting under his control; [PL 1977, c. 401, §3 (NEW).]

3. Failure to take steps. The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and [PL 1979, c. 127, §112 (RPR).]

4. Rental payments current. The tenant is current in rental payments owing to the landlord at the time written notice was given. [PL 1979, c. 127, §112 (RPR).]

Then the court shall deduct from the amount of rent due and owing the difference between the rental price and the fair value of the use and occupancy of the premises from the time of written notice, as provided in subsection 1 , to the time when the condition is repaired or remedied. In determining the fair value of the use and occupancy of the premises, there is a rebuttable presumption that the rental price is the fair value of the rented premises free from any condition rendering it unfit for human habitation. Any agreement by a tenant to waive the rights or benefits provided by this section is void. A written agreement whereby the tenant accepts specified conditions that may violate the warranty of fitness for human habitation in return for a stated reduction in rent or other specified fair consideration is binding on the tenant and the landlord. [RR 2013, c. 2, §26 (COR).]

A perpetrator of domestic violence, sexual assault or stalking that occurs in a residential rental property against a tenant of the property, household member or a tenant's guest is liable to the tenant for the tenant's damages as a result of the domestic violence, sexual assault or stalking regardless of whether or not the perpetrator is also a tenant. Such damages include, but are not limited to, moving costs, back rent, current rent, damage to the unit, court costs and attorney's fees. [PL 2015, c. 293, §10 (NEW).]

Nothing in this section relating to damages as a result of domestic violence, sexual assault or stalking creates liability on behalf of a landlord. [PL 2015, c. 293, §10 (NEW).]
14 M.R.S. § 1401 — ME Code / Title 14 / Part 3 / Chapter 307 / Section 1401
14 §1401. Exclusion of minors from courtroom
Status: in_force

Any court may exclude minors as spectators from the courtroom during the trial of any cause, civil or criminal, when their presence is not necessary as witnesses or parties.
14 M.R.S. § 6321-A — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6321-A
14 §6321-A. Foreclosure mediation program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Court" means the Supreme Judicial Court. [PL 2009, c. 402, §18 (NEW).] B. "Program" means the foreclosure mediation program established pursuant to subsection 3 . [PL 2009, c. 402, §18 (NEW).] [PL 2009, c. 402, §18 (NEW).]

2. Notice; summons and complaint; foreclosure proceedings. When a plaintiff commences an action for the foreclosure of a mortgage on an owner-occupied residential real property of no more than 4 units that is the primary residence of the owner-occupant, the plaintiff shall attach to the front of the foreclosure complaint a one-page form notice to the defendant as developed by the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection in accordance with this subsection and section 6112, subsection 3 . The form notice must be written in language that is plain and readily understandable by the general public. At a minimum, the form notice must contain the following: A. A statement that failure to answer the complaint will result in foreclosure of the property subject to the mortgage; [PL 2009, c. 402, §18 (NEW).] B. A sample answer and an explanation that the defendant may fill out the form and return it to the court in the envelope provided as the answer to the complaint. If the debtor returns the form to the court, the defendant does not need to file a more formal answer or responsive pleading and will be scheduled for mediation in accordance with this section; and [PL 2009, c. 402, §18 (NEW).] C. A description of the program. [PL 2009, c. 402, §18 (NEW).] [PL 2009, c. 402, §18 (NEW).]

3. Foreclosure mediation program established. Under the authority granted in Title 4, section 18‑B , the court shall adopt rules to establish a foreclosure mediation program to provide mediation in actions for foreclosure of mortgages on owner-occupied residential property with no more than 4 units that is the primary residence of the owner-occupant. The program must address all issues of foreclosure, including but not limited to reinstatement of the mortgage, modification of the loan and restructuring of the mortgage debt. Mediations conducted pursuant to the program must use the calculations, assumptions and forms that are established by the Federal Deposit Insurance Corporation and published in the Federal Deposit Insurance Corporation Loan Modification Program Guide as set out on the Federal Deposit Insurance Corporation’s publicly accessible website. [PL 2009, c. 402, §18 (NEW).]

4. Financial information confidential. Except for financial information included as part of a foreclosure complaint or any answer filed with the court, any financial statement or information provided to the court or to the parties during the course of mediation in accordance with this section is confidential and is not available for public inspection. Any financial statement or information must be made available as necessary, to the court, the attorneys whose appearances are entered in the case and the parties to the mediation. Any financial statement or information designated as confidential under this subsection must be kept separate from other papers in the case and may not be used for purposes other than mediation. [PL 2009, c. 402, §18 (NEW).]

5. No waiver of rights. The plaintiff’s or defendant’s rights in the foreclosure action are not waived by participating in the program. [PL 2009, c. 402, §18 (NEW).]

6. Commencement of mediation. When a defendant returns the notice required under subsection 2 or otherwise requests mediation or makes an appearance in a foreclosure action, the court shall refer the plaintiff and defendant to mediation pursuant to this section. [PL 2009, c. 402, §18 (NEW).]

7. Provisions of mediation services; filing and fees. The court shall: A. Assign mediators, including active retired justices and judges pursuant to Title 4, sections 104 and 157‑B , who: (1) Are trained in mediation and relevant aspects of the law related to real estate, mortgage procedures, foreclosure or foreclosure prevention; (2) Have knowledge of community-based resources that are available in the judicial districts in which they serve; (3) Have knowledge of mortgage assistance programs; (4) Are trained in using the relevant Federal Deposit Insurance Corporation forms and worksheets; (5) Are knowledgeable in principal loss mitigation and mortgage loan servicing guidelines and regulations; and (6) Are capable of facilitating and likely to facilitate identification of and compliance with principal loss mitigation and mortgage loan servicing guidelines and regulations. The court may establish an orientation program for mediators and require that mediators receive such orientation prior to being appointed; [PL 2013, c. 521, Pt. F, §1 (AMD).] B. Report annually to the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters and the joint standing committee of the Legislature having jurisdiction over judiciary matters on: (1) The performance of the program, including numbers of homeowners who are notified of mediation, who attend mediation and who receive legal counseling or legal assistance; and (2) The results of the mediation process, including the number of loans restructured, number of principal write-downs, interest rate reductions and number of homeowners who default on mortgages within a year after restructuring, to the extent the court has available information; [PL 2009, c. 402, §18 (NEW).] C. Notwithstanding subsection 10 , establish a fee upon a foreclosure filing made on or after June 15, 2009 to support mediation services to be paid for by the plaintiff; and [PL 2009, c. 402, §18 (NEW).] D. Make recommendations for any changes to the program to the Legislature. [PL 2009, c. 402, §18 (NEW).] [PL 2013, c. 521, Pt. F, §1 (AMD).]

8. Referral to mortgage assistance programs. At any time during the mediation process, the mediator may refer the defendant to housing counseling or mortgage assistance programs. [PL 2009, c. 402, §18 (NEW).]

9. No entry of judgment. For any foreclosure complaint filed after January 1, 2010 that is scheduled for mediation in accordance with this section, a final judgment may not issue until a mediator’s report has been completed pursuant to subsection 13 . [PL 2009, c. 402, §18 (NEW).]

10. Application of mediation provisions to ongoing foreclosure proceedings. The requirements of this section apply to foreclosures filed after January 1, 2010. The court may in its discretion require mediation for an owner-occupied residential property that is the primary residence of the owner-occupant and that is in the foreclosure process but not scheduled for sale before January 1, 2010 and an owner-occupied residential property with no more than 4 units that is the primary residence of the owner-occupant and that is scheduled for sale before that date. [PL 2009, c. 402, §18 (NEW).]

11. Parties to mediation. A mediator shall include in the mediation process under this section any person the mediator determines is necessary for effective mediation. Mediation and appearance in person are mandatory for: A. The mortgagee, who has the authority to agree to a proposed settlement, loan modification or dismissal of the action, except that the mortgagee may participate by telephone or electronic means as long as that mortgagee is represented with authority to agree to a proposed settlement; [PL 2009, c. 476, Pt. B, §6 (AMD); PL 2009, c. 476, Pt. B, §9 (AFF).] B. The defendant; [PL 2009, c. 402, §18 (NEW).] C. Counsel for the plaintiff; and [PL 2009, c. 402, §18 (NEW).] D. Counsel for the defendant, if represented. [PL 2009, c. 402, §18 (NEW).] A mortgage servicer as defined in section 6113, subsection 1, paragraph B‑1 participating in the mediation process submits to the jurisdiction of the court with respect to the power of the court to sanction parties who fail to participate in the mediation process in good faith as required by section 6113, subsection 2 . [PL 2021, c. 203, §2 (AMD).]

12. Good faith effort. Each party and each party's attorney, if any, must be present at mediation as required by this section and shall make a good faith effort to mediate all issues. If any party or attorney fails to attend or to make a good faith effort to mediate, the court may impose appropriate sanctions. A mortgage servicer as defined in section 6113, subsection 1, paragraph B‑1 participating in the mediation process shall participate in good faith as required by section 6113, subsection 2 . In determining the nature and extent of appropriate sanctions, the court shall consider the need for deterrence of similar future conduct by the entity being sanctioned and by others and may take into account prior orders imposing sanctions upon the sanctioned party, whether in the same case or in other previous cases. The imposition of any sanction does not bar any independent action by a defendant to seek recovery with respect to the actions giving rise to the order of sanctions. [PL 2021, c. 203, §3 (AMD).]

13. Report. A mediator must complete a report for each mediation conducted under this section. The mediator's report must indicate in a manner as determined by the court that the parties completed in full the Net Present Value Worksheet in the Federal Deposit Insurance Corporation Loan Modification Program Guide or other reasonable determination of net present value. If the mediation did not result in the settlement or dismissal of the action, the report must include the outcomes of the Net Present Value Worksheet or other determination of net present value. As part of the report, the mediator may notify the court if, in the mediator's opinion, either party failed to negotiate in good faith. The mediator's report must also include a statement of all agreements reached at mediation, with sufficient specificity to put all parties on notice of their obligations under agreements reached at mediation, including but not limited to a description of all documents that must be completed and provided pursuant to the agreements reached at mediation and the time frame during which all actions are required to be taken by the parties, including decisions and determinations of eligibility for all loss mitigation options. The mediator's report must identify the name of any mortgage servicer as defined in section 6113, subsection 1, paragraph B‑1 that participates in the mediation process, and any order of sanctions must likewise identify the name of the mortgage servicer. [PL 2021, c. 203, §4 (AMD).]

14. Records. The court shall maintain records or other information relating to the program as necessary to meet the reporting requirements in subsection 7, paragraph B . [PL 2009, c. 402, §18 (NEW).]
14 M.R.S. § 5536 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5536
14 §5536. No rearrest after discharge
Status: in_force

No person discharged by post-conviction review, except as provided in Title 15, chapter 305-A , shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof or committed for want of bail; or unless, after a discharge for defect of proof or some material defect in the commitment in a criminal case, he is arrested on sufficient proof and committed by legal process for the same offense. [PL 1981, c. 470, Pt. A, §32 (AMD).]
14 M.R.S. § 6355 — ME Code / Title 14 / Part 7 / Chapter 715 / Section 6355
14 §6355. Finality of judgment -- Article V
Status: in_force

No judgment obtained against any person in any proceeding to which he had become a party by reason of service of process effected pursuant to the provisions of this compact shall be subject to attack on the ground that the adjudicating court did not have personal jurisdiction over such person.
14 M.R.S. § 4902 — ME Code / Title 14 / Part 5 / Chapter 509 / Section 4902
14 §4902. Notice of seizure
Status: in_force

If the property was not attached on mesne process in the same action, the officer shall leave a copy of the execution with the treasurer, cashier, clerk or other recording officer of the company and the property shall be considered as seized on execution when the copy is so left. If it was so attached and remains attached, the officer shall proceed in seizing and selling it on execution as provided in section 4905 .
14 M.R.S. § 5522 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5522
14 §5522. Notice to interested persons before discharge
Status: in_force

When it appears that the party is detained on any process under which any other person has an interest in continuing such imprisonment or restraint, the party shall not be discharged until notice has been given to such other person or his attorney, if within the State or within 30 miles of the place of examination, to appear and object, if he sees cause. If imprisoned on any criminal accusation, he shall not be discharged until sufficient notice has been given to the Attorney General or other attorney for the State that he may appear and object, if he thinks fit.
14 M.R.S. § 6706 — ME Code / Title 14 / Part 7 / Chapter 725 / Section 6706
14 §6706. Installment payments by defendant
Status: in_force

At the end of one year, execution may issue for such sum with one year's interest thereon and costs, unless the defendant shall have deposited with the clerk of the court for the plaintiff's use, one year's interest on said sum, and 1/3 of the principal sum, and all the costs, if taxed and filed, and in that case no execution shall issue at the time.

If within 2 years after the rendition of judgment, the defendant pays one year's interest on the balance of the judgment due and 1/3 of the original judgment, execution shall be further stayed. Otherwise it may issue for 2/3 of the original amount of the judgment and interest thereon.

If the defendant, within 3 years after judgment, pays into the clerk's office the remaining 1/3 and interest thereon, having made the other payments, execution shall never issue. Otherwise, it may issue for the 1/3 and one year's interest thereon. The premises shall be held as security for the amount of the judgment, liable to be taken in execution for the amount and interest, until 60 days after an execution might have issued, notwithstanding any intermediate conveyance, attachment or seizure upon execution; and such execution may be extended on said land or any part of it; or it may be sold on execution like an equity of redemption; in either case, subject to the right of redemption as in those cases. An execution or writ of possession may issue at any time within 3 months after default of payment by the defendant, in cases mentioned in this section, although it is more than a year after the rendition of judgment.
14 M.R.S. § 3136 — ME Code / Title 14 / Part 5 / Chapter 502 / Section 3136
14 §3136. Contempt
Status: in_force

1. Motion for contempt. Whenever a judgment debtor or any other person fails to comply with any court order entered pursuant to this chapter, except an order against a judgment debtor issued for failure to comply with a disclosure subpoena, the judgment creditor may file a motion with the court to hold that person in contempt. The motion shall be under oath and set forth the facts that give rise to the motion or shall be accompanied with a supporting affidavit setting forth the facts. [PL 1987, c. 184, §19 (NEW).]

2. Contempt subpoena. For the purpose of the contempt hearing, the judgment creditor shall have the right to subpoena the person sought to be held in contempt. Contempt subpoenas shall be issued in blank by the clerks of the District Court. The contempt subpoena shall set forth the title of the action, the date and place where the person sought to be held in contempt is ordered to appear for the contempt hearing, an order to produce any documents requested by the judgment creditor, a warning that failure to obey the contempt subpoena may result in the arrest of that person and that a finding of contempt by the court may result in the person being fined or imprisoned, or both, until the person complies with the court order. [PL 1987, c. 184, §19 (NEW).]

3. Service of contempt subpoena and motion. The subpoena shall be served with a copy of the motion for contempt and supporting affidavit, if any, upon the person sought to be held in contempt at least 10 days prior to the hearing by an officer qualified to serve civil process in the same manner as provided in section 3123 . [PL 1987, c. 184, §19 (NEW).]

4. Failure to appear. If the person sought to be held in contempt fails to appear after being duly served with a contempt subpoena and the judgment creditor appears at the time and place named in the subpoena, upon the request of the judgment creditor, the judge shall issue a civil order of arrest directing the sheriff to arrest the person and bring the person to the court on any day the court is in session. In the case of a nonindividual, the civil order of arrest must be issued for the arrest of any officer, director or managing agent who was served with the contempt subpoena. [PL 1997, c. 17, §3 (AMD).]

5. Orders. Upon a finding at the contempt hearing that a court order has been disobeyed by the person and that the person has the present ability to comply with the order, the person must be adjudged in civil contempt. The court has the power to impose such reasonable fine or imprisonment as the circumstances require, provided that the person is given an opportunity to purge that person of the contempt. Whenever the person personally purges that person of the contempt, the court shall release the person from imprisonment and may remit any fine or a portion of the fine. In addition, the court may enter orders pursuant to sections 3126‑A , 3127‑A , 3127‑B , 3130 , 3131 and 3132 to assure the person's compliance with the court order and to aid the judgment creditor in the enforcement of the order. [PL 1999, c. 587, §8 (AMD).]

Nothing contained in this section may limit in any way the court's power to enter a finding of criminal contempt in appropriate circumstances. [PL 1987, c. 184, §19 (RPR).]
14 M.R.S. § 3147 — ME Code / Title 14 / Part 5 / Chapter 502-A / Section 3147
14 §3147. Payment by credit card
Status: in_force

The Judicial Department may implement a procedure for the payment of fines by use of major credit cards and may assess a reasonable fee upon the defendant to cover any administrative expenses incurred in connection with the use of credit cards as a method of paying fines. [PL 2015, c. 158, §1 (AMD).]
14 M.R.S. § 16 — ME Code / Title 14 / Part 1 / Chapter 1 / Section 16
14 §16. Death of joint obligor
Status: in_force

On the death of a joint obligor in contract, his estate shall be bound as such, jointly and severally with the surviving obligor or obligors. [PL 1965, c. 351, §1 (NEW).]
14 M.R.S. § 2608-A — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2608-A
14 §2608-A. Service on financial institution as trustee
Status: in_force

Service of trustee process on a financial institution authorized to do business in this State or credit union authorized to do business in this State, as defined in Title 9-B, section 131 , is effected by one of the following means: [PL 2003, c. 149, §6 (NEW).]

1. Designated office. Personal service by any lawful means upon the office designated by the financial institution or credit union for service of trustee process in a registry maintained for this purpose by the Secretary of State; or [PL 2003, c. 149, §6 (NEW).]

2. Acceptance by designated officer or employee. Acceptance of service in writing by an officer or employee of the financial institution or credit union expressly authorized to accept service of trustee process. [PL 2003, c. 149, §6 (NEW).]
14 M.R.S. § 7481 — ME Code / Title 14 / Part 7 / Chapter 738 / Section 7481
14 §7481. Small Claims Act; jurisdiction
Status: in_force

There is established a small claims proceeding for the purpose of providing a simple, speedy and informal court procedure for the resolution of small claims. It shall be an alternative, not an exclusive, proceeding. The District Court shall have jurisdiction of small claims actions. The District Court shall have the power to grant monetary and equitable relief in these actions. Equitable relief is limited to orders to return, reform, refund, repair or rescind. [PL 1981, c. 667, §2 (NEW).]
14 M.R.S. § 7209 — ME Code / Title 14 / Part 7 / Chapter 731 / Section 7209
14 §7209. Information; notice
Status: in_force

In all other cases where an inquest is necessary, the Attorney General, without order of the Legislature, may file an information in said court describing the estate claimed and stating the title asserted thereto by the State. Notice shall be given as before mentioned if there is any tenant in possession; if not, the notice shall be given as the court orders at least 90 days before the sitting of the court to which it is returnable.
14 M.R.S. § 3121 — ME Code / Title 14 / Part 5 / Chapter 502 / Section 3121
14 §3121. Definitions
Status: in_force

For the purposes of this chapter, unless the context otherwise indicates, the following words shall have the following meanings: [PL 1971, c. 408, §1 (NEW).]

1. Earnings. "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commissions, bonuses or otherwise, and includes periodic payments pursuant to a pension or retirement program. [PL 1971, c. 408, §1 (NEW).]

2. Disposable earnings. "Disposable earnings" means that part of the earnings of any judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld. [PL 1971, c. 408, §1 (NEW).]

2-A. Individual. "Individual" means only a natural person. [PL 1987, c. 184, §2 (NEW).]

3. Judgment creditor. "Judgment creditor" means any person, corporation, partnership or other entity who or which is the owner of any judgment unsatisfied in whole or in part, and the Department of Human Services when it is collecting child support. [PL 1995, c. 419, §6 (AMD).]

4. Judgment debtor. "Judgment debtor" means any person, corporation, partnership or other entity against whom or which a judgment has been entered and that judgment is unsatisfied in whole or in part. [PL 1971, c. 408, §1 (NEW).]

5. Person. "Person" means an individual, trust, estate, partnership, association, company, corporation, political subdivision or instrumentality of the State. [PL 1987, c. 184, §2 (NEW).]

6. Sheriff. For the purposes of sections 3134 to 3136 , "sheriff" means a sheriff, deputy sheriff, police officer, special police officer or constable. [PL 1987, c. 184, §2 (NEW).]

Whenever a judgment creditor, judgment debtor or a 3rd party is a corporation or other legal entity and is required to perform any act under this chapter, such acts shall be performed by the officers, directors or managing agents of the entity or by the persons controlling the entity, whichever is appropriate. Except where personal appearance or testimony is required in response to a subpoena or civil order of arrest under this chapter, the judgment creditor, judgment debtor or 3rd party may act by or through an attorney. [PL 1987, c. 184, §3 (AMD).]
14 M.R.S. § 6511 — ME Code / Title 14 / Part 7 / Chapter 719 / Section 6511
14 §6511. Commissioners; appointment
Status: in_force

After judgment that partition be made, the court shall appoint 3 or 5 disinterested persons as commissioners to make partition and set off to each his share, which shall be expressed in the warrant. Their shares may be set off together or in one tract, or the share of each may be assigned to him, at his election.
14 M.R.S. § 4160 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4160
14 §4160. Restriction of right to attach replevied goods
Status: in_force

Goods, taken by replevin from an attaching officer, shall not be further attached as property of the original defendant in any other manner than that provided in sections 4202 and 4203 , so long as they are held by the person who replevied them or by any one holding under him, unless the original defendant has acquired a new title to the goods.
14 M.R.S. § 9004 — ME Code / Title 14 / Part 7 / Chapter 763 / Section 9004
14 §9004. Foreign judgments issued in connection with hostile litigation
Status: in_force

1. Jurisdiction and due process required. A court of this State may not give any force or effect to any foreign judgment in connection with hostile litigation if the court that issued the foreign judgment did not: A. Have personal jurisdiction over the defendant; [PL 2023, c. 648, Pt. A, §1 (NEW).] B. Have jurisdiction over the subject matter; or [PL 2023, c. 648, Pt. A, §1 (NEW).] C. Provide due process of law. [PL 2023, c. 648, Pt. A, §1 (NEW).] [PL 2023, c. 648, Pt. A, §1 (NEW).]

2. Limitations period. Notwithstanding any provision of law to the contrary, an action on a foreign judgment in connection with hostile litigation must be commenced by filing a new and independent action on the judgment within 5 years of the foreign judgment. [PL 2023, c. 648, Pt. A, §1 (NEW).]
14 M.R.S. § 6901 — ME Code / Title 14 / Part 7 / Chapter 725 / Section 6901
14 §6901. Proof of seizin
Status: in_force

The plaintiff need not prove an actual entry under his title; but proof that he is entitled to an estate in the premises and that he has a right of entry therein is sufficient proof of his seizin.
14 M.R.S. § 8008 — ME Code / Title 14 / Part 7 / Chapter 740 / Section 8008
14 §8008. Uniformity of interpretation
Status: in_force

This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [PL 1975, c. 335 (NEW).]
14 M.R.S. § 4952 — ME Code / Title 14 / Part 5 / Chapter 509 / Section 4952
14 §4952. Notice and incidents of sale
Status: in_force

The officer shall advertise in the state paper and in a newspaper of general circulation in the county where the lands lie, if any, for 3 weeks successively, the names of such proprietors as are known to him, of the lands which he proposes to sell, with the amount of the execution or warrant of distress. Where the names of the proprietors are not known, he shall publish the numbers of the lots or divisions of said land and the last publication shall be 3 months before the time appointed for the sale. If necessary to complete the sale, he may adjourn it from day to day not exceeding 3 days. He shall give a deed to the purchaser of said land in fee, expressing therein the cause of sale. The proprietor of the land so sold may redeem it within a year after the sale by paying the sum for which it was sold, the necessary charges and interest thereon. [PL 1987, c. 667, §12 (AMD).]
14 M.R.S. § 3127-A — ME Code / Title 14 / Part 5 / Chapter 502 / Section 3127-A
14 §3127-A. Order to 3rd parties to hold and answer
Status: in_force

1. Order to hold and answer. Upon a disclosure hearing when it is shown that there is a reasonable likelihood that a 3rd party has possession or control of property in which the judgment debtor may have an interest or that the 3rd party may be indebted to the judgment debtor for other than earnings, the court, upon request of the judgment creditor, may approve the service on the 3rd party of an order to hold and answer. The order to hold and answer shall state the amount owed on the judgment debt and shall set forth the specific property of the judgment debtor alleged to be in the possession of the 3rd party, as well as any specific debt other than earnings, alleged to be owed to the judgment debtor. The order shall demand an answer under oath from the 3rd party listing all property in the possession of the 3rd party in which the judgment debtor has an interest and listing all debts, other than earnings, owed by the 3rd party to the judgment debtor, as of the date and time the order is served. The order to hold and answer shall state the consequences of the failure of the 3rd party to answer. An order to hold and answer shall be served on the 3rd party and the judgment debtor within 20 days of the date of the order. An answer form shall be supplied to the 3rd party with the order. [PL 1987, c. 184, §10 (NEW).]

2. Answer. Within 20 days of service of the order, the 3rd party shall: A. File with the court the answer required in the order; and [PL 1987, c. 184, §10 (NEW).] B. Serve copies of the answer on the judgment debtor and the judgment creditor in the manner provided in the Maine Rules of Civil Procedure, Rule 5. [PL 1987, c. 184, §10 (NEW).] [PL 1987, c. 184, §10 (NEW).]

3. Hold and answer. The 3rd party served with the order to hold and answer, upon receipt of the order, shall withhold and account for any property belonging to the judgment debtor and any debt due the judgment debtor, except earnings. Unless the judgment debtor or the judgment creditor requests a hearing within 20 days of the filing of the answer of the 3rd party, the property or debt listed shall be subject to any order permitted under section 3131 or 3132 . [PL 1987, c. 184, §10 (NEW).]

4. Hearing on motion. Within 20 days of the service of the answer of the 3rd party on the other parties, the judgment debtor or the judgment creditor may request by motion a hearing on the extent of the judgment debtor's interest in the property listed, the failure of the 3rd party to list property or money owed, the exempt status of property listed or any other issue concerning the judgment debtor's interest in property in the possession of the 3rd party. The motion shall be served on all parties. If after the hearing the court is satisfied as to the existence and extent of the nonexempt property of the debtor held by the 3rd party, or as to the existence and extent of any nonexempt money debt, other than earnings owed by the 3rd party to the judgment debtor, it shall make an order provided for under section 3131 or 3132 . [PL 1987, c. 184, §10 (NEW).]

5. Exception. This section does not apply to collection of amounts due on negotiable instruments or certificates of deposit unless the judgment creditor has previously obtained possession of the documents pursuant to section 3132 or otherwise. [PL 1987, c. 184, §10 (NEW).]

6. Default. Failure of a 3rd party, duly served with an order to withhold and answer, to timely file an answer shall constitute a default as to questions of possession and ownership between the 3rd party and the judgment debtor of the specific property or debt set forth in the order. In addition, the 3rd party shall be subject to an order pursuant to section 3131 or 3132 and shall be subject to a contempt proceeding. [PL 1987, c. 184, §10 (NEW).]

7. Enlargement of time limits. The time limits in this section may be enlarged as provided in the Maine Rules of Civil Procedure, Rule 6. [PL 1987, c. 184, §10 (NEW).]
14 M.R.S. § 9006 — ME Code / Title 14 / Part 7 / Chapter 763 / Section 9006
14 §9006. Prohibition on expenditure of public resources; noncooperation
Status: in_force

1. Prohibition on expenditure of public resources. Notwithstanding any provision of state law to the contrary and except as required by federal law, a public agency, including a law enforcement agency, and an employee, appointee, officer or official or any other person acting on behalf of a public agency may not knowingly provide any information or expend or use time, money, facilities, property, equipment, personnel or other resources in furtherance of any interstate investigation or proceeding seeking to impose civil, administrative or criminal liability upon a person or entity for: A. Legally protected health care activity; or [PL 2023, c. 648, Pt. A, §1 (NEW).] B. Aiding and assisting legally protected health care activity. [PL 2023, c. 648, Pt. A, §1 (NEW).] [PL 2023, c. 648, Pt. A, §1 (NEW).]

2. Noncooperation. Notwithstanding any provision of state law to the contrary and except as required by federal law, an officer or employee of a law enforcement agency, while acting under color of law, may not knowingly provide information or assistance to a federal law enforcement agency, to any law enforcement agency in another state or political subdivision of another state or to any private citizen in relation to an investigation or inquiry into services constituting legally protected health care activity or aiding and assisting legally protected health care activity. [PL 2023, c. 648, Pt. A, §1 (NEW).]

3. No arrest. Notwithstanding any provision of state law to the contrary and except as required by federal law, arrest of a person in this State is prohibited if the arrest is related to criminal liability that is based on legally protected health care activity or aiding and assisting legally protected health care activity. [PL 2023, c. 648, Pt. A, §1 (NEW).]

4. Exceptions. This section does not apply to a public agency, including a law enforcement agency, or an employee, appointee, officer or official or any other person acting on behalf of a public agency: A. When responding to a warrant or extradition demand on the good faith belief that the warrant or demand is valid in this State; or [PL 2023, c. 648, Pt. A, §1 (NEW).] B. When exigent circumstances make compliance with this section impossible. For the purposes of this paragraph, "exigent circumstances" means circumstances in which there is insufficient time to comply with this section and there is a compelling need for action due to the presence of an imminent danger to public safety. [PL 2023, c. 648, Pt. A, §1 (NEW).] [PL 2023, c. 648, Pt. A, §1 (NEW).]
14 M.R.S. § 553 — ME Code / Title 14 / Part 2 / Chapter 203 / Section 553
14 §553. Action commenced when complaint filed
Status: in_force

An action is commenced when the summons and complaint are served or when the complaint is filed with the court, whichever occurs first. [PL 1971, c. 544, §43 (RPR).]
14 M.R.S. § 1505 — ME Code / Title 14 / Part 3 / Chapter 311 / Section 1505
14 §1505. Replevin actions
Status: in_force

In actions of replevin commenced in the Superior Court, when the jury finds that each party owned a part of the property, they shall find and state in their verdict the value of the part owned by the plaintiff when replevied without regard to the value as estimated in the replevin bond. If such value does not exceed $20, the plaintiff recovers for costs only 1/4 part of such value.
14 M.R.S. § 2209 — ME Code / Title 14 / Part 4 / Chapter 403 / Section 2209
14 §2209. Transfer after notice of seizure invalid
Status: in_force

No transfer of such mortgage or of the debt secured thereby, made by such corporation after notice of the seizure thereof on execution has been filed in the registry of deeds of the county or district where the land lies, or given to the party to be affected thereby, has any validity against the purchaser at such sale.
14 M.R.S. § 8913 — ME Code / Title 14 / Part 7 / Chapter 761 / Section 8913
14 §8913. Recognition of judgments under prior law
Status: in_force

An action taken between August 8, 2022 and January 1, 2023 to recognize a foreign judgment that would have been valid under former chapter 753 is valid. For purposes of this section, "foreign judgment" has the same meaning as in former section 8502, subsection 2. [PL 2023, c. 405, Pt. B, §2 (NEW).]
14 M.R.S. § 155 — ME Code / Title 14 / Part 1 / Chapter 7 / Section 155
14 §155. No action on demands discharged by partial payment
Status: in_force

No action shall be maintained on a demand settled by a creditor or his attorney entrusted to collect it, in full discharge thereof, by the receipt of money or other valuable consideration, however small.
14 M.R.S. § 4425 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4425
14 §4425. Exceptions
Status: in_force

1. Residence. The debtor's interest in a residence shall not be exempt from claims secured by real estate mortgages on or security interests in the residence or claims of lien creditors under Title 10, chapter 603 . [PL 1981, c. 431, §2 (NEW).]

2. Other property. The debtor's interest in other property shall not be exempt from claims secured by purchase money security interests in the property, except that the debtor's interest in property otherwise exempt under section 4422, subsections 8 and 9 shall not be exempt from claims secured by security interests in the property. [PL 1981, c. 431, §2 (NEW).]
14 M.R.S. § 1101 — ME Code / Title 14 / Part 3 / Chapter 301 / Section 1101
14 §1101. Power of court unaffected by existence or expiration of term
Status: in_force

The existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action.
14 M.R.S. § 7482 — ME Code / Title 14 / Part 7 / Chapter 738 / Section 7482
14 §7482. Definition of a small claim
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(TEXT EFFECTIVE UNTIL 1/01/26) Notwithstanding the total amount of a debt or contract, a "small claim" means a right of action cognizable by a court if the debt or damage does not exceed $6,000 exclusive of interest and costs. It does not include an action involving the title to real estate. [PL 2009, c. 428, §1 (AMD).]

(TEXT EFFECTIVE 1/01/26) Notwithstanding the total amount of a debt or contract, a "small claim" means a right of action cognizable by a court if the debt or damage does not exceed $10,000 exclusive of interest and costs. It does not include an action involving the title to real estate. [PL 2025, c. 261, §1 (AMD); PL 2025, c. 261, §2 (AFF).]

Effective July 1, 1997 and every 4 years after that date, the joint standing committee of the Legislature having jurisdiction over judiciary matters shall review the monetary limit on small claims actions and the Judicial Department shall periodically provide information and comments on the monetary limit on small claims actions to that committee. [PL 1993, c. 401, §3 (NEW).]
14 M.R.S. § 17 — ME Code / Title 14 / Part 1 / Chapter 1 / Section 17
14 §17. Uniformity of interpretation; title
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and may be cited as the Model Joint Obligations Act [PL 1965, c. 351, §1 (NEW).]
14 M.R.S. § 7403 — ME Code / Title 14 / Part 7 / Chapter 735 / Section 7403
14 §7403. Bond; additional sureties
Status: in_force

The writ shall not be served unless the plaintiff or someone in his behalf executes and delivers to the officer a bond to the defendant, with sufficient sureties to be approved by the officer, or with a surety company authorized to do business in this State as surety, in a penalty double the actual value of the property to be replevied, conditioned as in the prescribed form of the writ and to be returned with the writ for the use of the defendant. If it afterwards becomes insufficient, the court may require additional surety or sureties to be furnished, who shall be held as if they had been original parties thereto. If not so furnished, it may dismiss the action and order a return of the property replevied or make such other order as is deemed reasonable.
14 M.R.S. § 1152 — ME Code / Title 14 / Part 3 / Chapter 303 / Section 1152
14 §1152. Submission of all demands; specific demands
Status: in_force

If all demands between the parties are so submitted, no specific demand need be annexed to the agreement; but if a specific demand only is submitted, it shall be annexed to the agreement and signed by the party making it and be so stated as to be readily understood.
14 M.R.S. § 734 — ME Code / Title 14 / Part 2 / Chapter 203 / Section 734
14 §734. Special motion for expedited relief
Status: in_force

Not later than 60 days after a party is served with a complaint, petition, cross-claim, counterclaim, 3rd-party claim or other pleading that asserts a cause of action to which this subchapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action. [PL 2023, c. 626, §2 (NEW); PL 2023, c. 626, §§3, 4, 7 (AFF).]
14 M.R.S. § 8305 — ME Code / Title 14 / Part 7 / Chapter 750 / Section 8305
14 §8305. Civil recovery for nonconsensual removal of or tampering with a condom
Status: in_force

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Compensatory damages" includes, but is not limited to, past and future medical expenses, lost earnings, pain, suffering, mental anguish, emotional distress and loss of enjoyment of life. [PL 2023, c. 298, §1 (NEW).] B. "Sexual act" has the same meaning as in Title 17‑A, section 251, subsection 1, paragraph C . [PL 2023, c. 298, §1 (NEW).] C. "Tamper" means to alter or use an item in a way that renders the item ineffective. [PL 2023, c. 298, §1 (NEW).] [PL 2023, c. 298, §1 (NEW).]

2. Civil action; relief. A person who engages in a consensual sexual act with another person with the understanding that a condom would be used during the sexual act may bring a civil action against the other person for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief based on the nonconsensual removal of or tampering with a condom if the other person: A. Knowingly removes or tampers with the condom; [PL 2023, c. 298, §1 (NEW).] B. Knowingly uses a damaged condom; or [PL 2023, c. 298, §1 (NEW).] C. Misrepresents the person's intentions to use a condom. [PL 2023, c. 298, §1 (NEW).] A prevailing plaintiff is entitled to an award of attorney's fees and costs. [PL 2023, c. 298, §1 (NEW).]

3. Previous consent. Evidence of consent to engage in a previous sexual act without a condom does not by itself demonstrate consent for engaging in a subsequent sexual act without a condom. [PL 2023, c. 298, §1 (NEW).]

4. No limitation. The provisions of this chapter may not be construed to prohibit or limit any other cause of action that a person may have against another person who performs an action described by subsection 2 . [PL 2023, c. 298, §1 (NEW).]
14 M.R.S. § 6711 — ME Code / Title 14 / Part 7 / Chapter 725 / Section 6711
14 §6711. Demand for life estate
Status: in_force

If the plaintiff claims an estate for life only in the premises and pays a sum allowed to the defendant for improvements, he or his executor or administrator, at the termination of his estate, is entitled to receive of the remainderman or reversioner the value of such improvements as they then exist; and shall have a lien therefor on the premises as if they had been mortgaged for its payment, and may keep possession until it is paid. If the parties cannot agree on the existing value, it may be settled as in case of the redemption of mortgaged real estate.
14 M.R.S. § 6951 — ME Code / Title 14 / Part 7 / Chapter 725 / Section 6951
14 §6951. Meaning of possession and improvement
Status: in_force

A possession and improvement of land by a defendant are within the meaning of this chapter, although a portion of it is woodland and uncultivated, and although not wholly surrounded by a fence or rendered inaccessible by other obstructions, if they have been open, notorious, exclusive and comporting with the usual management and improvement of a farm by its owner.
14 M.R.S. § 2201 — ME Code / Title 14 / Part 4 / Chapter 403 / Section 2201
14 §2201. Sale of real estate rights and interests
Status: in_force

Real estate attachable and all rights and interests therein, including the right to cut timber and grass, as described in chapter 507, subchapter III , rights of redeeming real estate mortgaged, rights to a conveyance of it by bond or contract, interests by virtue of possession and improvement of lands as described in chapters 723 and 725 and estates for a term of years, may be taken on execution and sold, and the officer shall account to the debtor for any surplus proceeds of the sale, to be appropriated as provided in section 5001 . Such seizure and sale pass to the purchaser all the right, title and interest that the execution debtor has in such real estate at the time of such seizure, or had at the time of the attachment thereof on the original writ, subject to the debtor's right of redemption. This section does not repeal any other modes of levy of execution provided in this chapter.
14 M.R.S. § 6203-A — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6203-A
14 §6203-A. Power of sale; procedure; notice; form
Status: in_force

1. Power of sale. Any holder of a mortgage on real estate that is granted by a corporation, partnership, including a limited partnership or a limited liability partnership, limited liability company or trustee of a trust and that contains a power of sale, as described in Title 33, section 501‑A , or a person authorized by the power of sale, or an attorney duly authorized by a writing under seal, or a person acting in the name of the holder of such mortgage or any such authorized person, may, upon breach of condition and without action, do all the acts authorized or required by the power; except that a sale under the power is not effectual to foreclose a mortgage unless, previous to the sale, notice has been published once in each of 3 successive weeks, the first publication to be not less than 21 days before the day of the sale in a newspaper of general circulation in the town where the land lies and which notice must comply with the requirements of subsection 3 . This provision is implied in every power of sale mortgage in which it is not expressly set forth. For mortgage deeds executed on or after October 1, 1993, the power of sale may be used only if the mortgage deed states that it is given primarily for one or more of the following purposes: business, commercial or agricultural. Any power of sale incorporated into a mortgage is not affected by the subsequent transfer of the mortgaged premises from the corporation, partnership, including a limited partnership or a limited liability partnership, limited liability company or trustee of the trust to any other type of organization or to an individual or individuals. The power of sale may not be used to foreclose a mortgage deed granted by a trustee of a trust if at the time the mortgage deed is given the real estate is used exclusively for residential purposes, the real estate has 4 or fewer residential units and one of the units is the principal residence of the owner of at least 1/2 of the beneficial interest in the trust. If the mortgage deed contains a statement that at the time the mortgage deed is given the real estate encumbered by the mortgage deed is not used exclusively for residential purposes, that the real estate has more than 4 residential units or that none of the residential units is the principal residence of the owner of at least 1/2 of the beneficial interest in the trust, the statement conclusively establishes these facts and the mortgage deed may be foreclosed by the power of sale. The method of foreclosure of real estate mortgages provided by this section is specifically subject to the rights of junior mortgagees set out in section 6205 . [PL 2015, c. 147, §1 (AMD).]

1-A. Notice to mortgagor and parties in interest; definition. At least 21 days before the date of the sale under the power in a mortgage, a copy of the foreclosure notice must be served on the mortgagor or its representative in interest, or may be sent by registered or certified mail addressed to the mortgagor or the mortgagor's representative at the mortgagor's last known address, or to the person and to the address as may be agreed upon in the mortgage or to the address as may be provided in writing by the mortgagor to the mortgagee. In addition, a copy of the foreclosure notice must be sent by first-class mail, postmarked at least 21 days prior to the public sale, to all other parties in interest, except for parties in interest having a superior priority to the foreclosing mortgagee, at the address, if any, listed in the instrument evidencing the interest, and, if none is listed, to the registered agent for the party in interest, or to any other address that may be readily available to the mortgagee. For the purposes of this section, "parties in interest" means those parties having a claim to the real estate whose claim is recorded in the registry of deeds as of the time of recording the notice of foreclosure. Failure to notify any party in interest, other than the mortgagor, does not invalidate the foreclosure as to other parties in interest who were given notice. [PL 2015, c. 147, §1 (NEW).]

2. Notice to tenants; effect on title. In addition to the notices provided pursuant to subsections 1 and 1‑A , the mortgagee shall provide a copy of the foreclosure notice to a residential tenant if the mortgagee knows or should know by exercise of due diligence that the property is occupied as a rental unit. Upon request from a mortgagee, the mortgagor or its representative in interest shall provide the name, address and other contact information for any residential tenant. Notice to a residential tenant may be served on the residential tenant by sheriff, may be sent by first class mail at the residential tenant's last known address or may be posted conspicuously at each entrance to the mortgaged premises. A residential tenant may not be evicted unless a mortgagee institutes an action for forcible entry and detainer pursuant to section 6001 at least 21 days after a mortgagee has served the notice required by this subsection. This subsection may not be construed to prohibit an action for forcible entry and detainer in accordance with section 6001 for a reason that is not related to a foreclosure sale. The failure to provide the notice required by this subsection does not affect the validity of the foreclosure sale. [PL 2015, c. 147, §1 (AMD).]

2-A. Recording foreclosure notice. At least 21 days before the date of a sale under the power in a mortgage, a copy of the foreclosure notice must be recorded in each registry of deeds in which the mortgage deed is or by law ought to be recorded in order to provide constructive notice. [PL 2015, c. 147, §1 (NEW).]

3. Form of foreclosure notice. A foreclosure notice must identify the mortgagee, the mortgagor, the terms of the public sale, the location, date and time of the public sale, the street address, if any, of the real estate encumbered by the mortgage, a description of the real estate encumbered by the mortgage, which may be incorporated by reference to the book and page number of an instrument of record containing an adequate legal description of the real estate, and the book and page number, if any, of the mortgage. The following form of foreclosure notice may be used and may be altered as circumstances require; but nothing herein may be construed to prevent the use of other forms. FORM Mortgagee's sale of real estate By virtue of and in execution of the Power of Sale contained in a certain Mortgage Deed given by ................. (Mortgagor) to .................. (Mortgagee) dated ........................ and recorded in the ....................... County Registry of Deeds, Book .........., Page ........., of which Mortgage the undersigned is the present holder, .................... (if by assignment, or in any fiduciary capacity give reference) ...................................................................., for breach of the conditions of said Mortgage and for the purpose of foreclosing the same there will be sold at Public Sale at ........... o'clock, ...... M. on the ........ day of ........ 20....., at ......... (Location of Public Sale), all and singular the premises described in said Mortgages, ...................., (in case of partial releases state exceptions). To wit: "(Description of the real estate encumbered by the Mortgage, which may be incorporated by reference to the book and page number of an instrument of record containing an adequate legal description of the real estate)". Street Address: (Street address, if any, of the real estate encumbered by the Mortgage). Terms of Sale: (State here the amount, if any, to be paid in cash by the purchaser at the time and place of the sale, and the time or times for payment of the balance or the whole as the case may be and any other terms or conditions relating to the sale). Other terms to be announced at the sale. Signed: .......................................................... (Present holder of Mortgage) ................................................ 20............... [PL 2015, c. 147, §1 (AMD).]

4. Notice of sale. A foreclosure notice published in accordance with this chapter or in accordance with the power in the mortgage together with such other or further notice, if any, as is required by the mortgage, along with notice to the mortgagor and parties in interest whose interest appears of record at the time that the foreclosure notice is recorded in the appropriate registry of deeds, is sufficient notice of the sale, and the premises are considered to have been sold free and clear of the interest of the mortgagor and of all other parties in interest who have been given notice in compliance with subsection 1‑A , except for parties in interest having a superior priority to the foreclosing mortgagee. The deed thereunder must convey the premises subject to and with the benefit of all restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens and existing encumbrances of record created prior to the mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed or foreclosure notice. Any other party in interest having a claim to the real estate whose claim is not recorded in the registry of deeds as of the time of recording the foreclosure notice need not be given notice, and any such party has no claim against the real estate after completion of the public sale, in accordance with Title 33, section 501‑A . The interests of parties in interest having a superior priority are not affected by the foreclosure. [PL 2015, c. 147, §1 (AMD).]

5. Public sale. At the completion of a public sale pursuant to this section, the foreclosing mortgagee shall execute a purchase and sale agreement with the highest bidder. The purchase and sale agreement may be assigned by the purchaser. If the highest bidder fails to perform on the agreement, the foreclosing mortgagee may execute a purchase and sale agreement with the next highest bidder. If the foreclosing mortgagee is the highest bidder or becomes the highest bidder by failure of a bidder to perform a purchase and sale agreement, a purchase and sale agreement need not be executed. A mortgagee may bid and may purchase any real estate sold at such sale, as long as the mortgagee is the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage together with all interest and costs, said excess must be used to satisfy the claims of parties in interest whose interests were extinguished by the foreclosure in the order of priority that existed prior to the foreclosure and, after all of those parties in interest are satisfied together with all interest and costs, any excess then remaining must be paid to the mortgagor. If the mortgagor or any such party in interest cannot be found after a diligent search, the money must be paid into the Superior Court in the county where the land lies for the benefit of the mortgagor or the holder of any such encumbrance. [PL 2015, c. 147, §1 (AMD).]

6. Continuation of sale. A public sale pursuant to this section may be adjourned, for any time not exceeding 30 days and from time to time until a sale is made, by announcement to those present at each adjournment. [PL 2015, c. 147, §1 (NEW).]
14 M.R.S. § 2004 — ME Code / Title 14 / Part 4 / Chapter 403 / Section 2004
14 §2004. Appraisal when several parcels taken
Status: in_force

When several parcels of land are taken, they may be appraised separately or together. When taken at different times, there may be different sets of appraisers. A levy is valid when the return is signed by 2 of the appraisers, the other appearing to have been sworn and to have acted.
14 M.R.S. § 6030-E — ME Code / Title 14 / Part 7 / Chapter 710 / Section 6030-E
14 §6030-E. Smoking policy
Status: in_force

1. Definition. For the purposes of this section, unless the context otherwise indicates, "smoking" means carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off tobacco smoke. [PL 2011, c. 199, §1 (NEW).]

2. Smoking policy disclosure. A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a tenant or will be used by a potential tenant as a primary residence shall provide to the tenant or potential tenant a smoking policy disclosure that notifies tenants or potential tenants of the landlord's policy regarding smoking on the premises in accordance with subsection 3 . [PL 2011, c. 199, §1 (NEW).]

3. Notification. A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises shall provide written notice to a tenant or potential tenant regarding the allowance or prohibition of smoking on the premises. A. The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed. [PL 2011, c. 199, §1 (NEW).] B. A landlord or other person who acts on behalf of a landlord may notify a tenant or potential tenant of a smoking policy by: (1) Disclosing the smoking policy in a written lease agreement; or (2) Providing a separate written notice to a tenant or potential tenant entering into a tenancy at will agreement. [PL 2011, c. 199, §1 (NEW).] C. Before a tenant or potential tenant enters into a contract or pays a deposit to rent or lease a property, the landlord or other person who acts on behalf of a landlord shall obtain a written acknowledgment of the notification of the smoking policy from the tenant or potential tenant. [PL 2011, c. 199, §1 (NEW).] [PL 2011, c. 199, §1 (NEW).]

4. Construction. This subsection restricts private causes of action based on violations of this section or smoking policies provided to tenants or potential tenants pursuant to this section. A. A tenant or potential tenant may not maintain a private cause of action against a landlord or other person who acts on behalf of a landlord on the sole basis that the landlord or other person who acts on behalf of a landlord failed to provide the smoking policy disclosure required by this section. [PL 2011, c. 199, §1 (NEW).] B. A tenant or potential tenant may not use a violation of a smoking policy by another tenant as the basis for a private cause of action against a landlord or other person who acts on behalf of a landlord. [PL 2011, c. 199, §1 (NEW).] [PL 2011, c. 199, §1 (NEW).]
14 M.R.S. § 2204 — ME Code / Title 14 / Part 4 / Chapter 403 / Section 2204
14 §2204. No disclosure; compulsion by deposition
Status: in_force

If the disclosure mentioned in section 2203 is not furnished within that time, the creditor may apply to any notary public authorized to take depositions, in the county where the land lies or where the mortgagee resides, who shall take his deposition in relation to the facts required to be disclosed, and may exercise the power to compel attendance and disclosure which is authorized for taking a deposition in perpetuam. [PL 1987, c. 736, §14 (AMD).]
14 M.R.S. § 1206 — ME Code / Title 14 / Part 3 / Chapter 305 / Section 1206
14 §1206. Juror's oath
Status: in_force

The following shall be the form of oath, administered to traverse jurors in civil causes:

"You, and each of you, swear that in all causes committed to you, you will give a true verdict therein according to the law and the evidence given you. So help you God." [PL 1977, c. 114, §15 (AMD).]

When a juror is conscientiously scrupulous of taking an oath, the word "affirm" shall be used instead of "swear" and the words "this you do under the penalties of perjury" instead of the words "so help you God." [PL 1977, c. 114, §16 (AMD).]
14 M.R.S. § 4651-A — ME Code / Title 14 / Part 5 / Chapter 509 / Section 4651-A
14 §4651-A. Execution liens
Status: in_force

1. Lien on real estate. The filing of an execution duly issued by a court of this State or an attested copy thereof with a registry of deeds within 3 years after issuance of the execution creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in all real estate against which a mortgage would be duly perfected if filed in the registry and that is not exempt from attachment and execution. [PL 2005, c. 62, §1 (AMD).]

2. Lien on personal property. The filing of an execution duly issued by a court of this State or an attested copy thereof in the office of the Secretary of State within 3 years after issuance of the execution creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in personal property that is not exempt from attachment and execution and that is of a type against which a security interest could be perfected by the filing of a financing statement with the office of the Secretary of State. [PL 2005, c. 62, §2 (AMD).]

3. Lien on motor vehicles. The filing of an execution duly issued by a court of this State or an attested copy thereof where a proof of transfer would be delivered pursuant to Title 29‑A, section 665, subsection 1 , and delivery of an application pursuant to Title 29‑A, section 657 , within 3 years after issuance of the execution creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in any motor vehicle for which a title certificate must be obtained pursuant to Title 29‑A, chapter 7 . [PL 2005, c. 62, §3 (AMD).]

4. Amount of lien. A lien created by this section shall be in the amount sufficient to satisfy the judgment together with interest and costs. [PL 1987, c. 184, §23 (NEW).]

5. Notice to judgment debtor. A lien created by this section becomes void and loses its status as a perfected security interest with respect to the right, title and interest of any particular judgment debtor and with respect to any other creditors of the judgment debtor unless the judgment creditor notifies the judgment debtor by certified or registered mail sent to the judgment debtor's last known address on or before the 20th day after filing or recording of the existence of the lien. The notice must contain the following: A. The fact that a lien has been filed; [PL 1987, c. 184, §23 (NEW).] B. The date and place the lien was filed; [PL 1987, c. 184, §23 (NEW).] C. The amount of the judgment and costs as stated in the execution; [PL 1987, c. 184, §23 (NEW).] D. The name of the judgment creditor and attorney, if any, including their addresses; and [PL 1987, c. 184, §23 (NEW).] E. The following statement: "To dissolve this lien, please contact (the creditor or the creditor's attorney)." [PL 1997, c. 20, §1 (AMD).] [PL 1997, c. 20, §1 (AMD).]

6. Filing during pendency of attachment; date of perfection. If a lien created by this section is filed or recorded during the pendency of any prejudgment or post-judgment attachment obtained in the underlying civil action against property subject to the lien, the effective date of the lien in the property must relate back to the date of perfection of the attachment. The relation back applies only to that portion of the lien up to the amount of the attachment. The remainder of such a lien, and the full amount of a lien created when no attachment is pending, becomes effective and perfected from the date of the filing or recording of the execution. [PL 2001, c. 275, Pt. A, §1 (AMD).]

7. Enforcement. The lien provided in this section may be enforced by a turnover or sale order pursuant to section 3131 . [PL 1987, c. 184, §23 (NEW).]

8. Abuse of lien process. A creditor who fails to discharge an execution filed against property of a debtor that is exempt from attachment and execution is liable to the debtor for actual damages suffered as a result of the failure to discharge if the debtor gave written notice and proof to the creditor that the property filed against is exempt from attachment and execution and the creditor failed to discharge the execution within 15 days after receiving the notice and proof. A debtor who prevails in an action to recover damages under this subsection is entitled to reasonable attorney's fees and costs incurred in bringing the action. [PL 2001, c. 117, §1 (NEW).]

8. (REALLOCATED TO T. 14, §4651-A, sub-§9) Duration of lien; renewal. [PL 2001, c. 275, Pt. A, §2 (NEW); RR 2001, c. 1, §17 (RAL).]

9. (REALLOCATED FROM T. 14, §4651-A, sub-§8) Duration of lien created before September 1, 2020; renewal. A lien created pursuant to this section after September 21, 2001 but before September 1, 2020 continues for a period of 20 years from the date of the filing of the writ of execution or of the recording of the writ of execution in the registry of deeds, unless the judgment is paid, discharged or released. A lien may be renewed once for a period of 20 years from the filing or recording of a renewal, pluries or alias writ of execution in the same manner as the original writ of execution was filed or recorded, with the same notice as required by subsection 5 . A. If the renewal writ is filed or recorded before the expiration of the 20-year period of the original writ of execution, the renewal writ relates back to the date that the original writ of execution was filed or recorded and prevents the expiration of the lien. [RR 2001, c. 1, §17 (RAL).] B. A lien created pursuant to this section when the date of the recording of the writ of execution in the registry of deeds is more than 18 years prior to September 21, 2001 may be renewed as provided in this subsection if the renewal writ is recorded by September 21, 2003. [PL 2019, c. 622, §1 (AMD).] [PL 2019, c. 622, §1 (AMD).]

9-A. Duration of lien created on or after September 1, 2020; renewal. A lien created pursuant to this section on or after September 1, 2020 continues for a period of 10 years from the date of the filing of the writ of execution or of the recording of the writ of execution in the registry of deeds, unless the judgment is paid, discharged or released. A lien may be renewed under this subsection once for a period of 10 years from the filing or recording of a renewal, pluries or alias writ of execution in the same manner as the original writ of execution was filed or recorded, with the same notice as required by subsection 5 . If the renewal writ is filed or recorded before the expiration of the 10-year period of the original writ of execution, the renewal writ relates back to the date that the original writ of execution was filed or recorded and prevents the expiration of the lien. [PL 2019, c. 622, §2 (NEW).]

10. Validation of liens. Subject to subsections 5 , 8 and 9 , a lien filed pursuant to subsection 1 , 2 or 3 is valid and enforceable if the execution was issued on or after September 29, 1995 and the lien was filed within 3 years of the issuance of the execution. [PL 2005, c. 62, §4 (NEW).]
14 M.R.S. § 5942 — ME Code / Title 14 / Part 7 / Chapter 706 / Section 5942
14 §5942. Applications to court
Status: in_force

Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action. [PL 1967, c. 430 (NEW).]
14 M.R.S. § 4156 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4156
14 §4156. Franchise and other corporate property
Status: in_force

The franchise and all right to demand and take toll and all other property of a corporation may be attached on mesne process, and the attaching officer shall serve an attested copy of the writ of attachment upon the corporation in the same manner as other process.
14 M.R.S. § 153-A — ME Code / Title 14 / Part 1 / Chapter 7 / Section 153-A
14 §153-A. Defense in action based on misuse of legal identification
Status: in_force

It is a defense to a civil action for monetary damages that the damages arose from the misuse of a form of legal identification and the use of that identification has resulted in the conviction of a person other than the defendant under Title 17‑A, sections 354 and 905‑A . The defense may be raised only by the person whose identification was misused. [PL 1999, c. 190, §1 (NEW).]
14 M.R.S. § 1106 — ME Code / Title 14 / Part 3 / Chapter 301 / Section 1106
14 §1106. Disagreement in jury; instructions
Status: in_force

When a jury, not having agreed, returns into court stating the fact, the presiding justice may, in the exercise of judicial discretion, explain any questions of law if proposed or restate any particular testimony and send them out again for further consideration. [PL 1991, c. 60 (AMD).]
14 M.R.S. § 2955 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2955
14 §2955. Trustee may be examined again though examined in original action
Status: in_force

If he had been examined in the original action, the court may permit or require him to be examined anew in the proceedings after judgment. He may then prove any matter proper for his defense. The court may enter such judgment as law and justice require, upon the whole matter appearing on such examination and trial.
14 M.R.S. § 4351 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4351
14 §4351. Sale of attached personal property
Status: in_force

When personal property is attached, the officer, by consent of the debtor and creditor, may sell it on the writ of attachment before or after filing in court, observing the directions for selling on execution. If it is attached by different officers, it may be so sold by the first attaching officer; or in case of his death, if he was a deputy sheriff, by the sheriff or another deputy by written consent of the debtor and all attaching creditors. The proceeds, after deducting necessary expenses, shall be held by the officer making the sale, subject to the successive attachments as if sold on execution.
14 M.R.S. § 3581 — ME Code / Title 14 / Part 5 / Chapter 504 / Section 3581
14 §3581. Supplementary provisions
Status: in_force

Unless displaced by the provisions of this Act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions. [PL 1985, c. 641, §3 (NEW).]
14 M.R.S. § 4502 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4502
14 §4502. Attachments dissolved by death of insolvent
Status: in_force

The attachment of personal property continues in force after the death of the debtor as if living, unless before a sale thereof on execution his estate is decreed insolvent; but it is dissolved by such decree, and the officer, on demand thereafter, shall restore such property to the executor or administrator on payment of his legal fees and charges of keeping.
14 M.R.S. § 8241 — ME Code / Title 14 / Part 7 / Chapter 747 / Section 8241
14 §8241. Wrongful imprisonment
Status: in_force

1. Exceptions to immunity. Notwithstanding any immunity of the State from suit, including the Maine Tort Claims Act, chapter 741 , the State is liable for the wrongful imprisonment of a person. [PL 1993, c. 480, §1 (NEW).]

2. Action. The State is liable for damages for wrongful imprisonment of a person if that person alleges and proves the following by clear and convincing evidence: A. That the person was convicted of a criminal offense under the laws of this State; [PL 1993, c. 480, §1 (NEW).] B. That as a result of that conviction, the person was sentenced to a period of incarceration and was actually incarcerated; [PL 1993, c. 480, §1 (NEW).] C. That subsequent to the conviction and as a condition precedent to suit, the person received a full and free pardon pursuant to the Constitution of Maine, Article V, Part First, Section 11, which is accompanied by a written finding by the Governor who grants the pardon that the person is innocent of the crime for which that person was convicted; and [PL 1993, c. 480, §1 (NEW).] D. That the court finds that the person is innocent of the crime for which the person was convicted. [PL 1993, c. 480, §1 (NEW).] [PL 1993, c. 480, §1 (NEW).]

3. Scope of law. For purposes of this chapter, a person is deemed to have committed a criminal offense notwithstanding a finding by a state or federal court that the law under which the person was convicted is violative of the Constitution of Maine or the United States Constitution. [PL 1993, c. 480, §1 (NEW).]

4. Governor's denial of request. A Governor's failure to issue a written finding that the person is innocent of the crime for which the person was convicted is final and not subject to judicial view. [PL 1993, c. 480, §1 (NEW).]

5. Settlement. After commencement of an action under subsection 2 , the Attorney General may compromise or settle any claim under this chapter. [PL 1993, c. 480, §1 (NEW).]
14 M.R.S. § 855 — ME Code / Title 14 / Part 2 / Chapter 205 / Section 855
14 §855. Commencement of new action after failure, defeat or reversal
Status: in_force

When a summons fails of sufficient service or return by unavoidable accident, or default, or negligence of the officer to whom it was delivered or directed, or the action is otherwise defeated for any matter of form, or by the death of either party the plaintiff may commence a new action on the same demand within 6 months after determination of the original action; and if he dies and the cause of action survives, his executor or administrator may commence such new action within said 6 months.
14 M.R.S. § 7305 — ME Code / Title 14 / Part 7 / Chapter 735 / Section 7305
14 §7305. Judgment for return of property attached or taken on execution; damages
Status: in_force

If the goods, when replevied, had been taken in execution or were under attachment and judgment is afterwards rendered for the attaching creditor, and if, in either case, the service of the execution is delayed by the replevin, the damages on a judgment for a return shall not be less than at the rate of 12% a year on the value of the goods while the service of the execution is so delayed.
14 M.R.S. § 4755 — ME Code / Title 14 / Part 5 / Chapter 509 / Section 4755
14 §4755. Adjournment to different place
Status: in_force

For good reason and for the purpose of obtaining a better price for the goods, the officer may, if he deems it for the benefit of the debtor, adjourn the auction to another place in the same town.
14 M.R.S. § 8112 — ME Code / Title 14 / Part 7 / Chapter 741 / Section 8112
14 §8112. Defense and indemnification of employees
Status: in_force

1. When a governmental entity is not liable. A governmental entity, with the consent of the employee, shall assume the defense of and, in its discretion, may indemnify any employee against a claim which arises out of an act or omission occuring within the course and scope of employment and for which the governmental entity is not liable. Except as otherwise provided herein, in lieu of assuming the defense of an employee, a governmental entity may pay the reasonable attorneys' fees and court costs of the employee. If the defense of its employee creates a conflict of interest between the governmental entity and the employee, the governmental entity shall pay the reasonable attorneys' fees and court costs of the employee. A governmental entity is not liable for the attorneys' fees and defense costs of its employee under this subsection in the event that the employee is determined to be criminally liable for the acts or omissions in question. In addition, after the litigation against the employee is concluded, a governmental entity may recoup any attorneys' fees and costs paid to outside counsel on behalf of the employee if the governmental entity proves that the employee acted in bad faith. This subsection does not apply if the employee settles the claim without the consent of the governmental entity. This subsection does not apply if notice is not required to have been filed as provided in section 8107 or if the employee does not notify the governmental entity within 30 days after receiving actual written notice of the claim or within 15 days after the service of a summons and complaint, if the governmental entity is prejudiced by the lack of such notice. [PL 1987, c. 740, §10 (RPR).]

2. When the governmental entity is liable. A governmental entity shall, with the consent of the employee, assume the defense of and shall indemnify any employee against a claim which arises out of an act or omission occurring within the course and scope of employment and for which sovereign immunity has been waived under section 8104‑A , under another law or by legislative authorization. Except as otherwise provided herein, in lieu of assuming the defense of an employee, the governmental entity may pay the reasonable attorneys' fees and court costs of the employee. If the defense of its employee creates a conflict of interest between the governmental entity and the employee, the governmental entity shall pay the reasonable attorneys' fees and court costs of the employee. A governmental entity shall not be required to indemnify its employee and is not liable for the attorneys' fees and court costs of its employee under this subsection in the event that the employee is determined to be criminally liable for the acts or omissions in question. In addition, after the litigation against the employee is concluded, a governmental entity shall be relieved of any obligation to indemnify the employee for punitive damages and may recoup any attorneys' fees and costs paid to outside counsel if the governmental entity proves that the employee acted in bad faith. This subsection does not apply if the employee settles the claim without the consent of the governmental entity. This subsection does not apply if notice is not required to have been filed as provided in section 8107 or if the employee does not notify the governmental entity within 30 days after receiving actual written notice of the claim or within 15 days after the service of a summons and complaint if the governmental entity is prejudiced by the lack of such notice. [PL 1987, c. 740, §11 (RPR).]

2-A. Suits against employees under federal law. A governmental entity, with the consent of the employee, shall assume the defense of and, in its discretion, may indemnify any employee against any claim that is brought against the employee under any federal law and that arises out of an act or omission occurring within the course and scope of employment. Except as otherwise provided herein, in lieu of assuming the defense of an employee, the governmental entity may pay the reasonable attorneys' fees and court costs of the employee. If the defense of its employee creates a conflict of interest between the governmental entity and the employee, the governmental entity shall pay the reasonable attorneys' fees and court costs of the employee. A governmental entity is not liable for the attorneys' fees and court costs of its employee under this subsection in the event that the employee is determined to be criminally liable for the acts or omission in question. In addition, after the litigation against the employee is concluded, a governmental entity may recoup any attorneys' fees and costs paid to outside counsel if the governmental entity proves the employee acted in bad faith. This subsection does not apply if the employee settles the claim without the consent of the governmental entity. This subsection does not apply if the employee does not notify the governmental entity within 15 days after the service of a summons and complaint if the governmental entity is prejudiced by the lack of such notice. [PL 1987, c. 740, §12 (NEW).]

3. Act or omission outside course or scope of employment. In cases when a governmental entity is obligated to indemnify an employee under subsection 2 , the governmental entity may refuse to indemnify its employee if a court determines that the act or omission of the employee occurred outside the course and scope of that employment. [PL 1987, c. 740, §13 (AMD).]

4. Conditions under which discontinuation prohibited. [PL 1987, c. 427, §5 (RP).]

5. Consent to suit; limit on recovery from employee. In any action on a claim against the State: A. Which is in excess of the limit established in section 8105, subsection 1 and for which the Legislature has granted special authorization to proceed within a specified limit; or [PL 1977, c. 578, §4 (NEW).] B. For which the State is immune and for which the Legislature has granted special authorization to proceed within a specified limit; [PL 1977, c. 578, §4 (NEW).] the award of damages, including costs, against both the State and its employee shall not exceed the limit established by the Legislature. If, however, it is found that the act or omission occurred outside the course or scope of employment, the award of damages against that employee may exceed the limit specified by the Legislature. [PL 1977, c. 578, §4 (NEW).]

6. This action shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance. [PL 1977, c. 578, §4 (NEW).]

7. Independent contractors; leases. A governmental entity may, in its discretion, assume the defense of and may indemnify any person who is providing services to the governmental entity pursuant to a written contract or with whom the governmental entity has entered into an agreement for the lease of premises. [PL 1977, c. 578, §4 (NEW).]

8. Liability under section 8104-D. A governmental entity shall purchase insurance or self-insure on behalf of its employees to insure them against their personal liability to the limit of their liability under section 8104‑D and, to the extent that insurance coverage is not available, shall assume the defense of and indemnify those employees to the limit of their liability under section 8104‑D . [PL 1987, c. 740, §14 (NEW).]

9. Certain suits arising out of use of motor vehicles. A governmental entity is not required to assume the defense of or to indemnify an employee of that governmental entity who uses a privately owned vehicle, while acting in the course and scope of employment, to the extent that applicable liability insurance coverage exists other than that of the governmental entity. In such cases, the employee of the governmental entity and the owner of the privately owned vehicle may be held liable for the negligent operation or use of the vehicle but only to the extent of any applicable liability insurance, which constitutes the primary coverage of any liability of the employee and owner and of the governmental entity. To the extent that liability insurance other than that of the governmental entity does not provide coverage up to the limit contained in section 8105 , the governmental entity remains responsible for any liability up to that limit. [PL 1995, c. 462, Pt. C, §1 (REEN); PL 1995, c. 462, Pt. C, §§2,3 (AFF).]
14 M.R.S. § 5955 — ME Code / Title 14 / Part 7 / Chapter 707 / Section 5955
14 §5955. Construction of contracts before or after breach
Status: in_force

A contract may be construed either before or after there has been a breach thereof.
14 M.R.S. § 2851 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2851
14 §2851. Goods held by administrator
Status: in_force

If a person summoned as a trustee in his own right dies before the judgment recovered by the plaintiff is satisfied, the goods, effects and credits in his hands at the time of attachment remain bound thereby, and his executors or administrators are liable therefor as if the summons had been originally served on them.
14 M.R.S. § 1957 — ME Code / Title 14 / Part 4 / Chapter 403 / Section 1957
14 §1957. Alleged assignment contested
Status: in_force

When an assignment of the bond or contract is alleged and the plaintiff contests it, the alleged assignee shall be made a party to the action, and an issue framed to be tried by a jury, which shall find whether such an assignment existed and was valid. If the assignee does not appear, the assignment is invalid.
14 M.R.S. § 7103 — ME Code / Title 14 / Part 7 / Chapter 727 / Section 7103
14 §7103. Appeals
Status: in_force

Either party may appeal from any ruling or decree of such justice to the law court as in any civil action.
14 M.R.S. § 5509 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5509
14 §5509. Minors in armed forces entitled to writ
Status: in_force

A minor enlisted within the State into the Army or Navy of the United States without the written consent of his parent or guardian shall have all the benefits of this chapter on the application of himself, parent or guardian.
14 M.R.S. § 6111 — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6111
14 §6111. Notice of mortgagor's right to cure
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Notice; payment. With respect to mortgages upon residential property located in this State when the mortgagor is occupying all or a portion of the property as the mortgagor's primary residence and the mortgage secures a loan for personal, family or household use, the mortgagee may not accelerate maturity of the unpaid balance of the obligation or otherwise enforce the mortgage because of a default consisting of the mortgagor's failure to make any required payment, tax payment or insurance premium payment, by any method authorized by this chapter until at least 35 days after the date that written notice pursuant to subsection 1‑A is given by the mortgagee to the mortgagor and any cosigner against whom the mortgagee is enforcing the obligation secured by the mortgage at the last known addresses of the mortgagor and any cosigner that the mortgagor has the right to cure the default by full payment of all amounts that are due without acceleration, including reasonable interest and late charges specified in the mortgage or note as well as reasonable attorney's fees. If the mortgagor tenders payment of the amounts before the date specified in the notice, the mortgagor is restored to all rights under the mortgage deed as though the default had not occurred. [PL 2009, c. 402, §10 (AMD).]

1-A. Contents of notice. A mortgagee shall include in the written notice under subsection 1 the following: A. The mortgagor's right to cure the default as provided in subsection 1 ; [PL 2009, c. 402, §11 (NEW).] B. An itemization of all past due amounts causing the loan to be in default and the total amount due to cure the default; [PL 2015, c. 36, §1 (AMD).] C. An itemization of any other charges that must be paid in order to cure the default; [PL 2009, c. 476, Pt. B, §2 (AMD); PL 2009, c. 476, Pt. B, §9 (AFF).] D. A statement that the mortgagor may have options available other than foreclosure, that the mortgagor may discuss available options with the mortgagee, the mortgage servicer or a counselor approved by the United States Department of Housing and Urban Development and that the mortgagor is encouraged to explore available options prior to the end of the right-to-cure period; [PL 2009, c. 402, §11 (NEW).] E. The address, telephone number and other contact information for persons having authority to modify a mortgage loan with the mortgagor to avoid foreclosure, including, but not limited to, the mortgagee, the mortgage servicer and an agent of the mortgagee; [PL 2009, c. 402, §11 (NEW).] F. The name, address, telephone number and other contact information for all counseling agencies approved by the United States Department of Housing and Urban Development operating to assist mortgagors in the State to avoid foreclosure; [PL 2015, c. 36, §1 (AMD).] G. (TEXT EFFECTIVE UNTIL 1/01/26) Where mediation is available as set forth in section 6321‑A , a statement that a mortgagor may request mediation to explore options for avoiding foreclosure judgment; and [PL 2015, c. 36, §1 (AMD).] G. (TEXT EFFECTIVE 1/01/26) Where mediation is available as set forth in section 6321‑A , a statement that a mortgagor may request mediation to explore options for avoiding foreclosure judgment; [PL 2025, c. 275, §1 (AMD); PL 2025, c. 275, §4 (AFF).] H. (TEXT EFFECTIVE UNTIL 1/01/26) A statement that the total amount due does not include any amounts that become due after the date of the notice. [PL 2015, c. 36, §2 (NEW).] H. (TEXT EFFECTIVE 1/01/26) A statement that the total amount due does not include any amounts that become due after the date of the notice; and [PL 2025, c. 275, §2 (AMD); PL 2025, c. 275, §4 (AFF).] I. (TEXT EFFECTIVE 1/01/26) The following warning: "WARNING: Be cautious when seeking financial assistance, a loan modification or any other agreement to cure or work out the default. Criminals have been known to pose as legitimate negotiators who work with banks to provide assistance to distressed borrowers, but these criminals may instead take your money and private information without providing any assistance. You are encouraged to seek help from a housing counselor who works for a housing counseling agency approved by the United States Department of Housing and Urban Development (HUD) or from an attorney licensed to practice in the State of Maine." [PL 2025, c. 275, §3 (NEW); PL 2025, c. 275, §4 (AFF).] [PL 2015, c. 36, §§1, 2 (AMD); PL 2025, c. 275, §§1-3 (AMD); PL 2025, c. 275, §4 (AFF).]

2. No application to supervised lender or supervised financial organization. [PL 1995, c. 654, §2 (RP).]

2-A. Notice procedure. Notice by a mortgagee is governed by this subsection. A. A mortgagee shall provide notice to a mortgagor and any cosigner under this section to the last known addresses of the mortgagor and cosigner by both: (1) Certified mail, return receipt requested; and (2) Ordinary first‑class mail, postage prepaid. [PL 2019, c. 361, §1 (NEW).] B. For purposes of this subsection, the time when the notice is given to the mortgagor or cosigner is the sooner of: (1) The date the mortgagor or cosigner signs the receipt or, if the notice is undeliverable, the date the post office last attempts to deliver it under paragraph A , subparagraph (1); and (2) The date the mortgagor or cosigner receives the notice under paragraph A , subparagraph (2). A post office department certificate of mailing to the mortgagor or cosigner is conclusive proof of receipt on the 7th calendar day after mailing notice as provided under paragraph A , subparagraph (2). [PL 2019, c. 361, §1 (NEW).] [PL 2019, c. 361, §1 (NEW).]

3. Notice procedure. [PL 2019, c. 361, §2 (RP).]

3-A. Information; Bureau of Consumer Credit Protection. Within 3 days of providing written notice to the mortgagor as required by subsections 1 and 1‑A , the mortgagee shall file with the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection, in electronic format as designated by the Bureau of Consumer Credit Protection, information including: A. The name and address of the mortgagor and the date the written notice required by subsections 1 and 1‑A was mailed to the mortgagor and the address to which the notice was sent; [PL 2009, c. 402, §12 (NEW).] B. The address, telephone number and other contact information for persons having authority to modify a mortgage loan with the mortgagor to avoid foreclosure, including, but not limited to, the mortgagee, the mortgage servicer and an agent of the mortgagee; and [PL 2009, c. 402, §12 (NEW).] C. Other information, as permitted by state and federal law, requested of the mortgagor by the Bureau of Consumer Credit Protection. [PL 2009, c. 402, §12 (NEW).] [PL 2009, c. 402, §12 (NEW).]

3-B. Report. On a quarterly basis, the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection shall report to the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters on the number of notices received pursuant to subsection 3‑A . To the extent information is available, the report must also include information on the number of foreclosure filings based on data collected from the court and the Department of Professional and Financial Regulation, Bureau of Financial Institutions and on the types of lenders that are filing foreclosures. [PL 2009, c. 402, §13 (NEW).]

4. Notice not required. [PL 1997, c. 579, §3 (RP).]

4-A. Letter to mortgagor. Within 3 days of receiving electronic information from the mortgagee as set forth in subsection 3‑A , the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection shall send a written notice to the mortgagor that includes a summary of the mortgagor's rights and available resources, including information concerning the foreclosure mediation program as established in section 6321‑A . [PL 2009, c. 402, §14 (NEW).]

5. Exceptions. [PL 2009, c. 476, Pt. A, §2 (RP).]
14 M.R.S. § 6311 — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6311
14 §6311. Joint or several execution
Status: in_force

The court, when a decree is made for the redemption of mortgaged lands, may award execution jointly or severally as the case requires, and for sums found due for rents and profits over and above the sums reasonably expended in repairing and increasing the value of the estate redeemed.
14 M.R.S. § 8802 — ME Code / Title 14 / Part 7 / Chapter 759 / Section 8802
14 §8802. Definitions
Status: in_force

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 689, §2 (NEW).]

1. Foreign country. "Foreign country" means a governmental unit other than: A. The United States; [PL 2021, c. 689, §2 (NEW).] B. A state, district, commonwealth, territory or insular possession of the United States; or [PL 2021, c. 689, §2 (NEW).] C. Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government’s courts is initially subject to determination under the full faith and credit clause of the United States Constitution, Article IV, Section 1. [PL 2021, c. 689, §2 (NEW).] [PL 2021, c. 689, §2 (NEW).]

2. Foreign-country judgment. "Foreign-country judgment" means any judgment of a court of a foreign country. [PL 2021, c. 689, §2 (NEW).]
14 M.R.S. § 7352 — ME Code / Title 14 / Part 7 / Chapter 735 / Section 7352
14 §7352. Issuance and service
Status: in_force

The writ described in this chapter shall issue from and be returnable to the Superior Court in the county where the plaintiff is confined, and be directed to a proper officer and served as soon as may be, 14 days at least before the return day.
14 M.R.S. § 6021 — ME Code / Title 14 / Part 7 / Chapter 710 / Section 6021
14 §6021. Implied warranty and covenant of habitability
Status: in_force

1. Definition. As used in this section, the term "dwelling unit" shall include mobile homes, apartments, buildings or other structures, including the common areas thereof, which are rented for human habitation. [PL 1977, c. 401, §4 (NEW).]

2. Implied warranty of fitness for human habitation. In any written or oral agreement for rental of a dwelling unit, the landlord shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation. [PL 1977, c. 401, §4 (NEW).]

3. Complaints. If a condition exists in a dwelling unit which renders the dwelling unit unfit for human habitation, then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that: A. A condition, which shall be described, endangers or materially impairs the health or safety of the tenants; [PL 1977, c. 401, §4 (NEW).] B. The condition was not caused by the tenant or another person acting under his control; [PL 1977, c. 401, §4 (NEW).] C. Written notice of the condition without unreasonable delay, was given to the landlord or to the person who customarily collects rent on behalf of the landlord; [PL 1977, c. 401, §4 (NEW).] D. The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and [PL 1977, c. 401, §4 (NEW).] E. The tenant was current in rental payments owing to the landlord at the time written notice was given. [PL 1977, c. 401, §4 (NEW).] The notice requirement of paragraph C may be satisfied by actual notice to the person who customarily collects rents on behalf of the landlord. [PL 1977, c. 401, §4 (NEW).]

4. Remedies. If the court finds that the allegations in the complaint are true, the landlord shall be deemed to have breached the warranty of fitness for human habitation established by this section, as of the date when actual notice of the condition was given to the landlord. In addition to any other relief or remedies which may otherwise exist, the court may take one or more of the following actions. A. The court may issue appropriate injunctions ordering the landlord to repair all conditions which endanger or materially impair the health or safety of the tenant; [PL 1977, c. 401, §4 (NEW).] B. The court may determine the fair value of the use and occupancy of the dwelling unit by the tenant from the date when the landlord received actual notice of the condition until such time as the condition is repaired, and further declare what, if any, moneys the tenant owes the landlord or what, if any, rebate the landlord owes the tenant for rent paid in excess of the value of use and occupancy. In making this determination, there shall be a rebuttable presumption that the rental amount equals the fair value of the dwelling unit free from any condition rendering it unfit for human habitation. A written agreement whereby the tenant accepts specified conditions which may violate the warranty of fitness for human habitation in return for a stated reduction in rent or other specified fair consideration shall be binding on the tenant and the landlord. [PL 1977, c. 696, §164 (AMD).] C. The court may authorize the tenant to temporarily vacate the dwelling unit if the unit must be vacant during necessary repairs. No use and occupation charge shall be incurred by a tenant until such time as the tenant resumes occupation of the dwelling unit. If the landlord offers reasonable, alternative housing accommodations, the court may not surcharge the landlord for alternate tenant housing during the period of necessary repairs. [PL 1981, c. 428, §9 (AMD).] D. The court may enter such other orders as the court may deem necessary to accomplish the purposes of this section. The court may not award consequential damages for breach of the warranty of fitness for human habitation. Upon the filing of a complaint under this section, the court shall enter such temporary restraining orders as may be necessary to protect the health or well-being of tenants or of the public. [PL 1977, c. 401, §4 (NEW).] [PL 1981, c. 428, §9 (AMD).]

5. Waiver. A written agreement whereby the tenant accepts specified conditions which may violate the warranty of fitness for human habitation in return for a stated reduction in rent or other specified fair consideration shall be binding on the tenant and the landlord. Any agreement, other than as provided in this subsection, by a tenant to waive any of the rights or benefits provided by this section shall be void. [PL 1977, c. 401, §4 (NEW).]

6. Heating requirements. It is a breach of the implied warranty of fitness for human habitation when the landlord is obligated by agreement or lease to provide heat for a dwelling unit and: A. The landlord maintains an indoor temperature which is so low as to be injurious to the health of occupants not suffering from abnormal medical conditions; [PL 1983, c. 764, §1 (NEW).] B. The dwelling unit's heating facilities are not capable of maintaining a minimum temperature of at least 68 degrees Fahrenheit at a distance of 3 feet from the exterior walls, 5 feet above floor level at an outside temperature of minus 20 degrees Fahrenheit; or [PL 1983, c. 764, §1 (NEW).] C. The heating facilities are not operated so as to protect the building equipment and systems from freezing. [PL 1983, c. 764, §1 (NEW).] Municipalities of this State are empowered to adopt or retain more stringent standards by ordinances, laws or regulations provided in this section. Any less restrictive municipal ordinance, law or regulation establishing standards are invalid and of no force and suspended by this section. [PL 1983, c. 764, §1 (NEW).]

6-A. Agreement regarding provision of heat. A landlord and tenant under a lease or a tenancy at will may enter into an agreement for the landlord to provide heat at less than 68 degrees Fahrenheit. The agreement must: A. Be in a separate written document, apart from the lease, be set forth in a clear and conspicuous format, readable in plain English and in at least 12-point type, and be signed by both parties to the agreement; [PL 2009, c. 139, §1 (NEW).] B. State that the agreement is revocable by either party upon reasonable notice under the circumstances; [PL 2009, c. 139, §1 (NEW).] C. Specifically set a minimum temperature for heat, which may not be less than 62 degrees Fahrenheit; and [PL 2009, c. 139, §1 (NEW).] D. Set forth a stated reduction in rent that must be fair and reasonable under the circumstances. [PL 2009, c. 139, §1 (NEW).] An agreement under this subsection may not be entered into or maintained if a person over 65 years of age or under 5 years of age resides on the premises. A landlord is not responsible if a tenant who controls the temperature on the premises reduces the heat to an amount less than 68 degrees Fahrenheit as long as the landlord complies with subsection 6, paragraph B or if the tenant fails to inform the landlord that a person over 65 years of age or under 5 years of age resides on the premises. [PL 2009, c. 139, §1 (NEW).]

7. Rights are supplemental. [PL 1989, c. 484, §3 (NEW); MRSA T. 14 §6021, sub-§7 (RP).]
14 M.R.S. § 404 — ME Code / Title 14 / Part 1 / Chapter 15 / Section 404
14 §404. Service of subpoena
Status: in_force

A subpoena issued by a clerk of court under section 403 must be served in compliance with the Maine Rules of Civil Procedure, Rule 45. [PL 2019, c. 109, §1 (NEW).]
14 M.R.S. § 752-C — ME Code / Title 14 / Part 2 / Chapter 205 / Section 752-C
14 §752-C. Sexual acts towards minors
Status: in_force

1. No limitation. Actions based upon sexual acts toward minors may be commenced at any time. [PL 1999, c. 639, §1 (NEW).]

2. Sexual acts toward minors defined. As used in this section, "sexual acts toward minors" means the following acts that are committed against or engaged in with a person under the age of majority: A. [PL 2023, c. 475, §1 (RP).] B. [PL 2023, c. 475, §1 (RP).] C. Gross sexual assault, as described in Title 17‑A, section 253 ; [PL 2023, c. 475, §1 (NEW).] D. Sexual abuse of a minor, as described in Title 17‑A, section 254 ; [PL 2023, c. 475, §1 (NEW).] E. Unlawful sexual contact, as described in Title 17‑A, section 255‑A ; [PL 2023, c. 475, §1 (NEW).] F. Unlawful sexual touching, as described in Title 17‑A, section 260 ; [PL 2023, c. 475, §1 (NEW).] G. Sexual exploitation of a minor, as described in Title 17‑A, section 282 ; or [PL 2023, c. 475, §1 (NEW).] H. Incest, as described in Title 17‑A, section 556 . [PL 2023, c. 475, §1 (NEW).] [PL 2023, c. 475, §1 (AMD).]

3. Application. This section applies to all actions based upon sexual acts toward minors regardless of the date of the sexual act and regardless of whether the statute of limitations on such actions expired prior to the effective date of this subsection. [PL 2021, c. 301, §1 (NEW).]
14 M.R.S. § 5516 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5516
14 §5516. Excessive bail
Status: in_force

If it appears that he is imprisoned on mesne process for want of bail and the court or justice thinks that excessive bail is demanded, reasonable bail shall be fixed, and on giving it to the plaintiff, he shall be discharged.
14 M.R.S. § 6509 — ME Code / Title 14 / Part 7 / Chapter 719 / Section 6509
14 §6509. Joinder or severance; death or conveyance
Status: in_force

The owners may join or sever in their complaints. When they join and one dies or conveys his share, or when a several plaintiff dies or conveys his share, the complaint, by leave of court, may be amended by erasing his name and inserting the names of his heirs, devisees or grantees, and they may proceed with the action for their respective shares.
14 M.R.S. § 6023 — ME Code / Title 14 / Part 7 / Chapter 710 / Section 6023
14 §6023. Agency
Status: in_force

Any person authorized to enter into a residential lease or tenancy at will agreement on behalf of the owner or owners of the premises is deemed to be the owner's agent for purposes of service of process and receiving and receipting for notices and demands. [PL 2009, c. 566, §9 (AMD).]
14 M.R.S. § 5517 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5517
14 §5517. Refusal of copy of precept; writ granted
Status: in_force

If the prison keeper or other officer having the custody of such person refuses or unreasonably delays to deliver to the applicant an attested copy of the precept by which he restrains him on demand therefor, the court or justice, on proof of such demand and refusal, shall forthwith issue the writ as prayed for.
14 M.R.S. § 870 — ME Code / Title 14 / Part 2 / Chapter 205 / Section 870
14 §870. Judgment by perjury; action on case
Status: in_force

1. Action; within 3 years. When a judgment has been obtained against a party by the perjury of a witness introduced at the trial by the adverse party, the injured party may, within 3 years after that judgment or after final disposition of any motion for relief from the judgment, bring an action against such adverse party, or any perjured witness or confederate in the perjury, to recover the damages sustained by the injured party by reason of such perjury. The judgment in the former action does not bar an action under this section. [PL 2009, c. 187, §1 (NEW).]

2. Specificity of claim. A claim under this section must identify the specific testimony alleged to be false at the initial filing of the claim. [PL 2009, c. 187, §1 (NEW).]

3. Record; evidence. A claim may not be submitted under this section solely on the same record as in the former trial. Evidence discoverable by due diligence before the trial cannot be introduced as new evidence to establish perjury. [PL 2009, c. 187, §1 (NEW).]

4. Standard of proof. The plaintiff in an action under this section must prove the alleged perjury by clear and convincing evidence. [PL 2009, c. 187, §1 (NEW).]

5. Affirmative defense. It is an affirmative defense to an action under this section that the plaintiff has no new evidence to present concerning the alleged perjury. [PL 2009, c. 187, §1 (NEW).]

6. Strictly construed. The pleading and proof requirements of this section must be strictly construed. [PL 2009, c. 187, §1 (NEW).]
14 M.R.S. § 8111 — ME Code / Title 14 / Part 7 / Chapter 741 / Section 8111
14 §8111. Personal immunity for employees; procedure
Status: in_force

1. Immunity. Notwithstanding any liability that may have existed at common law, employees of governmental entities shall be absolutely immune from personal civil liability for the following: A. Undertaking or failing to undertake any legislative or quasi-legislative act, including, but not limited to, the adoption or failure to adopt any statute, charter, ordinance, order, rule, policy, resolution or resolve; [PL 1987, c. 740, §8 (RPR).] B. Undertaking or failing to undertake any judicial or quasi-judicial act, including, but not limited to, the granting, granting with conditions, refusal to grant or revocation of any license, permit, order or other administrative approval or denial; [PL 1987, c. 740, §8 (RPR).] C. Performing or failing to perform any discretionary function or duty, whether or not the discretion is abused; and whether or not any statute, charter, ordinance, order, resolution, rule or resolve under which the discretionary function or duty is performed is valid; [PL 1987, c. 740, §8 (RPR).] D. Performing or failing to perform any prosecutorial function involving civil, criminal or administrative enforcement; [PL 2001, c. 662, §7 (AMD).] E. Any intentional act or omission within the course and scope of employment; provided that such immunity does not exist in any case in which an employee's actions are found to have been in bad faith; or [PL 2001, c. 662, §8 (AMD).] F. Any act by a member of the Maine National Guard within the course and scope of employment; except that immunity does not exist when an employee's actions are in bad faith or in violation of military orders while the employee is performing active state service pursuant to Title 37‑B . [PL 2001, c. 662, §9 (NEW).] The absolute immunity provided by paragraph C shall be applicable whenever a discretionary act is reasonably encompassed by the duties of the governmental employee in question, regardless of whether the exercise of discretion is specifically authorized by statute, charter, ordinance, order, resolution, rule or resolve and shall be available to all governmental employees, including police officers and governmental employees involved in child welfare cases, who are required to exercise judgment or discretion in performing their official duties. [PL 2001, c. 662, §§7-9 (AMD).]

2. Attachment and trustee process. Attachment, pursuant to Rule 4A, Maine Rules of Civil Procedure, and trustee process, pursuant to Rule 4B, Maine Rules of Civil Procedure, shall not be used in connection with the commencement of a civil action against an employee of a governmental entity based on any act or omission of the employee in the course and scope of employment. [PL 1987, c. 740, §9 (AMD).]
14 M.R.S. § 709 — ME Code / Title 14 / Part 2 / Chapter 203 / Section 709
14 §709. Service on deputy sheriff or civil deputy sheriff
Status: in_force

Any writ or precept in which the deputy or civil deputy, as defined in Title 30‑A, section 351, subsection 5 , of a sheriff is a party may be served by any other deputy or civil deputy of the same sheriff. [PL 2017, c. 332, §2 (AMD).]
14 M.R.S. § 5526 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5526
14 §5526. Issuance and service of writ
Status: in_force

The writ described in section 5525 may be issued by the Supreme Judicial Court or Superior Court sitting in any county in which the person in whose behalf application is made is restrained or by any justice thereof, the form to be varied so far as necessary when issued by a justice of the court, and may be served in any county in the State.
14 M.R.S. § 7217 — ME Code / Title 14 / Part 7 / Chapter 731 / Section 7217
14 §7217. Determination of amount of betterments
Status: in_force

For the purpose of ascertaining the amount of such improvements, the Attorney General or the tenant or grantee of the estate may file a complaint in the Superior Court for recovering the same. Proceedings shall be had thereon as in other civil actions to ascertain and adjust the amount.
14 M.R.S. § 4254 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4254
14 §4254. Validity of claim established
Status: in_force

If, upon examination held under section 4252 , it appears that the security interest, mortgage, pledge or lien is valid, the court, having first ascertained the amount justly due upon it, may direct the attaching creditor to pay the same to the claimant or his assigns within such time as it orders. If he does not pay or tender the amount within the time prescribed, the attachment shall be vacated and the property shall be restored. If the attaching creditor pays or tenders the amount directed to be paid within such time and the claimant or his assigns fail to immediately assign such security interest, mortgage, pledge or lien to the attaching creditor, the claimant or his assigns shall be estopped from claiming any interest in such attached goods by virtue of his security interest, mortgage, pledge or lien. [PL 1967, c. 213, §8 (AMD).]
14 M.R.S. § 8115 — ME Code / Title 14 / Part 7 / Chapter 741 / Section 8115
14 §8115. Payment of claims or judgments when no insurance
Status: in_force

1. Payment from next appropriation. In the event no insurance has been procured by the State to pay a claim or judgment arising under this chapter, and no appropriated funds are reasonably available, as determined by the Commissioner of Administrative and Financial Services, the claim or judgment must be paid from the next appropriation to the state instrumentality whose action or omission, or the action or omission of whose employee, gave rise to the claim. [PL 1991, c. 780, Pt. Y, §115 (AMD).]

2. Subdivision's plan for payment. In the event that a political subdivision has not procured insurance, the trial judge may accept a reasonable plan for the payment of the amount of the judgment. A payment plan may not exceed 5 years and may include interest at the rate provided in section 1602‑C . [PL 2003, c. 460, §8 (AMD).]
14 M.R.S. § 509 — ME Code / Title 14 / Part 2 / Chapter 201 / Section 509
14 §509. Consumer transactions
Status: in_force

Notwithstanding any other provision of this chapter, an action brought against a consumer arising from a consumer credit transaction or a rental-purchase agreement must be brought in accordance with Title 9‑A, section 5‑113 , except that an action brought pursuant to Title 32, section 11013, subsection 3, paragraph N must be brought where provided for in that paragraph. [PL 2009, c. 245, §3 (NEW).]
14 M.R.S. § 2013 — ME Code / Title 14 / Part 4 / Chapter 403 / Section 2013
14 §2013. Seizin and possession delivered; debtor not ousted
Status: in_force

The officer shall deliver to the creditor or his attorney, seizin and possession of an estate levied on, so far as the nature of the estate and the title of the debtor admit. When a remainder, reversion or right of redemption is taken, the debtor in possession shall not be ousted, but his right therein shall be assigned to the creditor, and a return made accordingly.
14 M.R.S. § 7104 — ME Code / Title 14 / Part 7 / Chapter 727 / Section 7104
14 §7104. Contempt for failure to comply
Status: in_force

If the attorney does not perform the decree of such justice, he shall be committed for contempt until he does or is otherwise lawfully discharged, and his name shall be struck from the roll of attorneys.
14 M.R.S. § 703 — ME Code / Title 14 / Part 2 / Chapter 203 / Section 703
14 §703. Service to precepts by constables
Status: in_force

A constable may serve, execute and return upon any person in his town or in an adjoining plantation any writ of forcible entry and detainer, or any precept in a personal action, including those in which a town, plantation, parish, religious society or school district of which he is a member is a party or interested, but before he serves any process, he shall give bond to the inhabitants of his town in the sum of $500, with 2 sureties approved by the municipal officers thereof, who shall indorse their approval on said bond in their own hands, for the faithful performance of the duties of his office as to all processes by him served or executed. For every process that he serves before giving such bond, he forfeits not less than $20 nor more than $50 to the prosecutor. [PL 1977, c. 650, §1 (AMD).]
14 M.R.S. § 2707 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2707
14 §2707. Examination of trustee
Status: in_force

If the plaintiff thinks proper to examine the supposed trustee on oath, the answers may be taken in the county in which the trustee resides before a Justice of the Superior Court or a notary public. [PL 1981, c. 456, Pt. A, §53 (AMD).]
14 M.R.S. § 6953 — ME Code / Title 14 / Part 7 / Chapter 725 / Section 6953
14 §6953. Allowance for improvements
Status: in_force

In estimating the rents and profits, the value of the use by the defendant of improvements made by himself or by those under whom he claims shall not be allowed to the plaintiff.
14 M.R.S. § 1454 — ME Code / Title 14 / Part 3 / Chapter 309 / Section 1454
14 §1454. Cost of replacement motor vehicles
Status: in_force

In any action where recovery is sought for the destruction or damage of a motor vehicle, the owner of such motor vehicle shall be entitled to recover reasonable rental costs actually expended for a replacement motor vehicle during such time, not to exceed 45 days, as the damaged motor vehicle could not be operated or during such time, not to exceed 45 days, as is required to obtain a replacement motor vehicle for the destroyed motor vehicle. [PL 1989, c. 623 (AMD).]
14 M.R.S. § 8805 — ME Code / Title 14 / Part 7 / Chapter 759 / Section 8805
14 §8805. Personal jurisdiction
Status: in_force

1. Lack of personal jurisdiction. A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: A. The defendant was served personally in the foreign country; [PL 2021, c. 689, §2 (NEW).] B. The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant; [PL 2021, c. 689, §2 (NEW).] C. The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; [PL 2021, c. 689, §2 (NEW).] D. The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country; [PL 2021, c. 689, §2 (NEW).] E. The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country; or [PL 2021, c. 689, §2 (NEW).] F. The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action or claim for relief arising out of that operation. [PL 2021, c. 689, §2 (NEW).] [PL 2021, c. 689, §2 (NEW).]

2. Other bases of personal jurisdiction. The list of bases for personal jurisdiction in subsection 1 is not exclusive. The courts of this State may recognize bases of jurisdiction other than those in subsection 1 as sufficient to support a foreign-country judgment. [PL 2021, c. 689, §2 (NEW).]
14 M.R.S. § 4801 — ME Code / Title 14 / Part 5 / Chapter 509 / Section 4801
14 §4801. Mode of sale
Status: in_force

Current gold or silver coin may be taken on execution and paid to the creditor as money collected; and bank notes and all other evidences of debts, issued by any moneyed corporation and circulated as money, may be taken on execution and paid to the creditor at their par value if he will accept them; otherwise, they may be sold like other chattels.
14 M.R.S. § 3127-B — ME Code / Title 14 / Part 5 / Chapter 502 / Section 3127-B
14 §3127-B. Order to employer or payor of earnings
Status: in_force

1. Order. When it is shown upon ex parte motion and affidavit that the judgment debtor has either failed to timely make 2 or more payments required by an installment order under section 3126‑A or when the judgment debtor has failed to appear, after having been subpoenaed for a hearing provided for in this chapter, the court may approve the service of an order to withhold and answer on the judgment debtor's employer or other payor of earnings. The order must state the amount owed on the judgment debt, interest and costs. If the court has previously determined an installment payment amount under section 3126‑A, the order must state that amount. The order must demand an answer under oath listing the dollar amounts of all earnings owed or payable to the debtor and the calculation of the judgment debtor's disposable earnings. The order must be served on the employer or other payor and on the judgment debtor within 60 days of the date of the order. A form answer must be attached to the order when served on the employer or other payor of earnings. [PL 1999, c. 587, §5 (AMD).]

2. Withhold and answer. The employer or other payor served with the order shall calculate the maximum dollar amount of the employee's disposable earnings which may be applied to the debt under section 3126‑A by using the form answer attached to the order. Within 20 days of service of the order, the employer or other payor of earnings shall: A. File the completed form answer with the court; [PL 1987, c. 184, §11 (NEW).] B. Serve copies of the answer on the judgment debtor and the judgment creditor in the manner provided in the Maine Rules of Civil Procedure, Rule 5; and [PL 1987, c. 184, §11 (NEW).] C. Withhold from the employee and pay to the judgment creditor the amount of the previously ordered installment payment or the maximum dollar amount of the employee's disposable earnings which may be applied to the debt, whichever amount is less, until the court orders otherwise or the debt is satisfied. [PL 1987, c. 184, §11 (NEW).] [PL 1999, c. 587, §5 (AMD).]

3. Hearing on motion. Within 20 days of the service of the answer of the employer or other payor of earnings, the judgment debtor or the judgment creditor may request by motion a hearing to determine what amount, if any, of the judgment debtor's earnings should be ordered payable by the employer or other payor to the judgment creditor. The motion must be served on the employer or other payor as well as the other party. After the hearing, if the court is satisfied as to the existence and amount of the judgment debtor's disposable earnings payable by the employer or other payor, it may issue an order to the employer or other payor to withhold an amount, subject to the requirements of section 3126‑A , from the earnings of the judgment debtor and pay the amount to the judgment creditor. If the court fails to find disposable earnings payable by the employer or other payor, it may terminate the withholding required under subsection 2 . If the court terminates withholding or reduces the amount withheld, the court may order appropriate reimbursement of the judgment debtor by either the employer or the judgment creditor. No reimbursement or retroactive withholding is permitted against the employee if the court order increases the amount withheld. [PL 1999, c. 587, §5 (AMD).]

4. Withholding charge. An employer or other payor subject to a withholding order may charge a fee of $1 per check issued and forwarded to the judgment creditor. This fee shall be deducted from the amount withheld prior to its remittance to the judgment creditor. [PL 1987, c. 184, §11 (NEW).]

5. Default. Failure of an employer or other payor of earnings, duly served with an order to withhold and answer, to timely file an answer shall constitute a default and subject the employer or other payor to separate liability for an amount equal to that portion of the judgment debt which could properly have been withheld under subsection 2 , plus interest. This liability accumulates unless the employer or other payor files a late answer. When the employer files a late answer, the accumulated liability continues for 20 days from the answer or, if a motion is filed under subsection 3 , until the court makes an order. [PL 1987, c. 184, §11 (NEW).]

6. No discharge or contribution. No employer may discharge any employee because his earnings are subject to an order under this section. The employer shall not have a cause of action against the employee to recover any amounts paid by the employer to the creditor under the employer's separate liability as provided under subsection 5 . [PL 1987, c. 184, §11 (NEW).]

7. Enlargement of time limits. The time limits in this section may be enlarged as provided in the Maine Rules of Civil Procedure, Rule 6. [PL 1987, c. 184, §11 (NEW).]
14 M.R.S. § 869 — ME Code / Title 14 / Part 2 / Chapter 205 / Section 869
14 §869. Action barred when no administrator 6 years after death
Status: in_force

Where no administration is had upon the estate of a deceased person within 6 years from the date of death of said decedent and no petition for administration is pending, all actions upon any claim against said decedent shall be barred.
14 M.R.S. § 701 — ME Code / Title 14 / Part 2 / Chapter 203 / Section 701
14 §701. Rules for service
Status: in_force

Service of process shall be as prescribed by rule of court.
14 M.R.S. § 6516 — ME Code / Title 14 / Part 7 / Chapter 719 / Section 6516
14 §6516. Expenses apportioned
Status: in_force

An account of all the charges and expenses attending the partition shall, on request of any plaintiff, be presented to the court, and the presiding justice shall determine, after notice to all concerned, the equitable proportion thereof to be paid by the several owners in the lands of which partition has been made, and execution therefor may be issued against any owner neglecting to pay.
14 M.R.S. § 2617 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2617
14 §2617. Principal defendant may testify
Status: in_force

On the trial between the attaching creditor and such claimant, the principal defendant may be examined as a witness for either party if there is no other objection to his competency except his being a party to the original action.
14 M.R.S. § 7071 — ME Code / Title 14 / Part 7 / Chapter 726 / Section 7071
14 §7071. Actions to recover personal property
Status: in_force

1. Action to resolve dispute. If 2 or more persons claim a right in, title to or possession of personal property, a claimant may bring a civil action in District Court to resolve a dispute among the claimants. The plaintiff may bring the action by way of summary proceeding under subsection 2 or plenary proceeding under subsection 9 . [PL 2009, c. 245, §6 (NEW).]

2. Summary proceeding. If an action in subsection 1 is brought as a summary proceeding, the summons must state the day when the action is returnable, which may not be less than 7 days from the date of service of the summons, and must notify the defendant that in case of the defendant's failure to appear and state a defense on the return day, judgment by default will be rendered against the defendant. The defendant may appear and defend against the action without filing a responsive pleading. The action may not be joined with any other action or claim and a defendant may not file a counterclaim. The action may not be removed to Superior Court. At the hearing on the action, the plaintiff must support its claim of an interest in or other right to possession of the personal property at issue by a preponderance of the evidence. [PL 2009, c. 245, §6 (NEW).]

3. Discovery. In a summary proceeding, the court may for cause shown allow discovery, which may be on an expedited schedule. [PL 2009, c. 245, §6 (NEW).]

4. Venue. An action under this section may be brought in accordance with Title 4, section 155 . Relocation of the personal property may not be a basis for a change of venue. [PL 2009, c. 245, §6 (NEW).]

5. Court authority. The court has equitable power to make an appropriate order in relation to the personal property and the parties to the action and to compel obedience to its judgment and orders. A court order under this subsection may include an order regarding the location to which the personal property must be brought or kept or a turnover order under section 3131, subsection 1 . [PL 2009, c. 245, §6 (NEW).]

6. Judgment; issuance of writ of possession. When the defendant defaults or the plaintiff is otherwise entitled to judgment, the court shall render judgment concerning the possession of the personal property in favor of the plaintiff. The judgment must order the turnover of the personal property to the plaintiff on such terms as the court directs. The court may also grant preliminary, interim or other equitable relief upon a sufficient showing that the preliminary, interim or other equitable relief is justified. Seven calendar days after the judgment is entered, the court shall upon request of the plaintiff issue a writ of possession requiring the sheriff or constable to put the plaintiff into possession of the plaintiff's personal property. This subsection does not preclude the court from granting preliminary, interim or other equitable relief. [PL 2009, c. 245, §6 (NEW).]

7. Service and return of writ of possession; contempt. A writ of possession is returnable within 3 years from the date of issuance. The writ may be served by a sheriff or a constable. When a writ of possession has been served on the defendant by a constable or sheriff, the defendant must put the sheriff or constable into possession of the property within 2 days of the date on which the writ is served upon that defendant or the plaintiff may file a motion to have the defendant held in contempt. A proceeding upon a motion for contempt under this subsection is subject to the Maine Rules of Civil Procedure, Rule 66(d) and for the purposes of this proceeding the entry of the judgment against the defendant creates a rebuttable presumption that the defendant has the ability to put the sheriff or constable into possession of the property. This presumption shifts the burden of production of evidence to the defendant, but the burden of persuasion remains upon the plaintiff in any contempt proceeding. [RR 2015, c. 1, §9 (COR).]

8. Appeal. An appeal of a judgment or order under this section is governed by Title 4, section 57 and the Maine Rules of Appellate Procedure, except that any issue triable by right by a jury may be appealed to a trial de novo in Superior Court. A request to District Court for a stay pending appeal is governed by the Maine Rules of Civil Procedure, Rule 62(d). [PL 2009, c. 245, §6 (NEW).]

9. Plenary proceeding. If an action under this section is brought as a plenary proceeding, the Maine Rules of Civil Procedure apply, except that the action may not be joined with any other action or claim and a defendant may not file a counterclaim and the action may not be removed to Superior Court. [PL 2009, c. 245, §6 (NEW).]

10. Equitable Remedy. The remedy provided in this section is a remedy in equity and is in addition to and not in lieu of another remedy. [PL 2009, c. 245, §6 (NEW).]
14 M.R.S. § 6034 — ME Code / Title 14 / Part 7 / Chapter 710-A / Section 6034
14 §6034. Wrongful retention; damages
Status: in_force

1. Notice to landlord of intention to bring suit; presumption on failure to return deposit. If the landlord fails to return the security deposit and provide the itemized statement within the time periods in section 6033 , the tenant shall give notice to the landlord of the tenant's intention to bring a legal action no less than 7 days prior to commencing the action. If the landlord fails to return the entire security deposit within the 7-day period, it is presumed that the landlord is wrongfully retaining the security deposit. [PL 1995, c. 52, §2 (AMD).]

2. Double damages for wrongful retention. The wrongful retention of a security deposit in violation of this chapter renders a landlord liable for double the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney's fees and court costs. [PL 1995, c. 52, §2 (AMD).]

3. Burden of proof. In any court action brought by a tenant under this section, the landlord has the burden of proving that the landlord's withholding of the security deposit, or any portion of it, was not wrongful. [PL 1995, c. 52, §2 (AMD).]
14 M.R.S. § 1515 — ME Code / Title 14 / Part 3 / Chapter 311 / Section 1515
14 §1515. If execution available, no costs in action on judgment
Status: in_force

A plaintiff shall not be allowed costs in an action on a judgment of any tribunal on which an execution could issue when such action was commenced, except in trustee process.
14 M.R.S. § 2706 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2706
14 §2706. Disclosure sworn to
Status: in_force

The disclosure, when completed and subscribed by the trustee, shall be sworn to by him in open court or before a notary public. [PL 1981, c. 456, Pt. A, §53 (AMD).]
14 M.R.S. § 2624 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2624
14 §2624. Defendant summoned as trustee of plaintiff
Status: in_force

When an action is brought for the recovery of a demand and the defendant is summoned as a trustee of the plaintiff, the action shall be continued to await the disclosure of the trustee unless the court otherwise orders, and if the defendant is adjudged trustee, the disclosure and the proceedings thereon may be given in evidence on the trial of the action between the trustee and his creditor.
14 M.R.S. § 1507 — ME Code / Title 14 / Part 3 / Chapter 311 / Section 1507
14 §1507. Damages reduced by counterclaim, full costs
Status: in_force

When a counterclaim is filed and the plaintiff recovers not exceeding $20, he is entitled to full costs if the jury certify in their verdict that the damages were reduced to that sum by reason of the amount allowed on the counterclaim.
14 M.R.S. § 2713 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2713
14 §2713. Excess determined by court or jury
Status: in_force

If it appears that the plaintiff has complied with the order of the court and that the trustee has refused or neglected to comply therewith, the court shall enter up judgment against him for the amount due and returned unsatisfied on the execution if there appears to be in his hands such an amount of the property mortgaged over and above the sum due him; but if not, then for the amount of said property exceeding that sum, if any. The amount of this excess shall be determined by the court or jury.
14 M.R.S. § 1851 — ME Code / Title 14 / Part 4 / Chapter 401 / Section 1851
14 §1851. Objections; appeals
Status: in_force

For all purposes for which an exception has heretofore been necessary in civil cases, it is sufficient that a party, at the time the order or ruling of the court is made or sought, makes known to the court the action that the party desires the court to take or the party's objection to the action of the court and the grounds for the objection. If a party has no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice that party. In any civil case any party aggrieved by any judgment, ruling or order may appeal therefrom to the law court. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule. [PL 2001, c. 17, §2 (AMD).]
14 M.R.S. § 7503 — ME Code / Title 14 / Part 7 / Chapter 739 / Section 7503
14 §7503. Action by remainderman or reversioner
Status: in_force

The remainderman or reversioner for life or for years only or in fee simple or fee tail, after an intervening estate for life, may maintain such action and recover the damages which he has suffered by the waste.
14 M.R.S. § 5515 — ME Code / Title 14 / Part 6 / Chapter 609 / Section 5515
14 §5515. Application; denial of writ
Status: in_force

The application shall be in writing, signed and sworn to by the person making it, stating the place where and the person by whom the restraint is made. The applicant shall produce to the court or justice a copy of the precept by which the person is so restrained, attested by the officer holding it. If, on inspection, it appears to the court or justice that such person is thereby lawfully imprisoned or restrained of his liberty, a writ shall not be granted, unless from examination of the whole case, the court or justice is of opinion that it ought to issue.
14 M.R.S. § 6303 — ME Code / Title 14 / Part 7 / Chapter 713 / Section 6303
14 §6303. Death of mortgagor or successor
Status: in_force

If a person entitled to redeem a mortgaged estate or an equity of redemption that has been sold on execution, or the right to redeem such right, or the right to redeem lands set off on execution, dies without having made a tender for that purpose, a tender may be made and an action for redemption commenced and prosecuted by the person's personal representative, or by the person's heirs or devisees subject to the authority of the personal representative over the administration of the estate under Title 18‑C, sections 3‑709 and 3‑711 . If the plaintiff in such action dies pending the action, it may be prosecuted to final judgment by the plaintiff's personal representative, or by the plaintiff's heirs or devisees subject to the same authority of the personal representative. When a mortgagor resides out of the State, any person may, in the mortgagor's behalf, tender to the holder of the mortgage the amount due thereon. The tender is as effectual as if made by the mortgagor. [PL 2017, c. 402, Pt. C, §29 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
14 M.R.S. § 159-A — ME Code / Title 14 / Part 1 / Chapter 7 / Section 159-A
14 §159-A. Limited liability for recreational or harvesting activities
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Premises" means improved and unimproved lands, private ways, roads, any buildings or structures on those lands and waters standing on, flowing through or adjacent to those lands. "Premises" includes railroad property, railroad rights-of-way and utility corridors to which public access is permitted. [PL 2005, c. 375, §1 (AMD).] B. "Recreational or harvesting activities" means recreational activities conducted out-of-doors, including, but not limited to, hunting, fishing, trapping, camping, environmental education and research, hiking, rock climbing, ice climbing, bouldering, rappelling, recreational caving, sight-seeing, operating snow-traveling and all-terrain vehicles, skiing, hang-gliding, noncommercial aviation activities, dog sledding, equine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest, field or marine products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. "Recreational or harvesting activities" does not include commercial agricultural or timber harvesting. [PL 2015, c. 20, §1 (AMD).] C. "Occupant" includes, but is not limited to, an individual, corporation, partnership, association or other legal entity that constructs or maintains trails or other improvements for public recreational use. [PL 2003, c. 509, §1 (NEW).] [PL 2015, c. 20, §1 (AMD).]

2. Limited duty. An owner, lessee, manager, holder of an easement or occupant of premises does not have a duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes. This subsection applies regardless of whether the owner, lessee, manager, holder of an easement or occupant has given permission to another to pursue recreational or harvesting activities on the premises. [PL 1995, c. 566, §1 (AMD).]

3. Permissive use. An owner, lessee, manager, holder of an easement or occupant who gives permission to another to pursue recreational or harvesting activities on the premises does not thereby: A. Extend any assurance that the premises are safe for those purposes; [PL 1979, c. 253, §2 (NEW).] B. Make the person to whom permission is granted an invitee or licensee to whom a duty of care is owed; or [PL 1979, c. 253, §2 (NEW).] C. Assume responsibility or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted even if that injury occurs on property of another person. [PL 2007, c. 260, §1 (AMD).] [PL 2007, c. 260, §1 (AMD).]

4. Limitations on section. This section does not limit the liability that would otherwise exist: A. For a willful or malicious failure to guard or to warn against a dangerous condition, use, structure or activity; [PL 1979, c. 253, §2 (NEW).] B. For an injury suffered in any case where permission to pursue any recreational or harvesting activities was granted for a consideration other than the consideration, if any, paid to the following: (1) The landowner or the landowner's agent by the State; (2) The landowner or the landowner's agent for use of the premises on which the injury was suffered, as long as the premises are not used primarily for commercial recreational purposes and as long as the user has not been granted the exclusive right to make use of the premises for recreational activities; or (3) The landowner or grantor who grants, and the holder or grantee who accepts, an easement or other legal instrument that makes an express grant of perpetual public access over premises for the public to pursue recreational or harvesting activities; or [PL 2025, c. 256, §§1, 2 (AMD).] C. For an injury caused, by acts of persons to whom permission to pursue any recreational or harvesting activities was granted, to other persons to whom the person granting permission, or the owner, lessee, manager, holder of an easement or occupant of the premises, owed a duty to keep the premises safe or to warn of danger. [PL 1995, c. 566, §1 (AMD).] [PL 2025, c. 256, §§1, 2 (AMD).]

5. No duty created. Nothing in this section creates a duty of care or ground of liability for injury to a person or property. [PL 1993, c. 622, §1 (AMD).]

6. Costs and fees. The court shall award any direct legal costs, including reasonable attorneys' fees, to an owner, lessee, manager, holder of an easement or occupant who is found not to be liable for injury to a person or property pursuant to this section. [PL 1995, c. 566, §1 (AMD).]

7. Perpetual grant of public access. A landowner or other grantor who grants, and a holder or grantee who accepts, an easement or other legal instrument that includes a perpetual right of public access over premises for the public to pursue one or more recreational or harvesting activities, in reliance on the protections from liability established by this section as they exist at the time of the grant, as evidenced by an instrument recorded in the registry of deeds for the county in which the premises are located, acquires a permanent vested property right to those protections for any rights so granted, which runs to their heirs, successors and assigns. [PL 2025, c. 256, §3 (NEW).]
14 M.R.S. § 7402 — ME Code / Title 14 / Part 7 / Chapter 735 / Section 7402
14 §7402. Writ; service and return
Status: in_force

The writ shall be sued out, served and returned and the cause heard and determined like other civil actions before the District Court, except as otherwise prescribed.
14 M.R.S. § 4202 — ME Code / Title 14 / Part 5 / Chapter 507 / Section 4202
14 §4202. Replevied goods liable to further attachments
Status: in_force

The property described in section 4201 replevied from the officer is liable to further attachments as if in his possession. If there is judgment for a return in the replevin action, the plaintiff and his sureties are liable for the whole property or its value, although some attachments were made after the replevin.
14 M.R.S. § 2752 — ME Code / Title 14 / Part 5 / Chapter 501 / Section 2752
14 §2752. Plaintiff's rights in case of redemption
Status: in_force

The officer making demand on the trustee upon the execution shall first deduct from the amount received by him the sum paid by the plaintiff to redeem, if any, with interest and shall apply the balance on the execution. If the demand has been redeemed otherwise than by the payment of money, the plaintiff shall be subrogated for the holder thereof and have the same rights and remedies against the principal defendant, and may enforce them, at his own expense, in the name of such holder or otherwise.