Maine Revised Statutes Title 19-A Sec. 4106 – Procedures
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1. Assistance. The following assistance from the court is available.
A. The court shall provide forms and clerical assistance to either party in completing and filing a complaint or other necessary documents. The assistance may not include legal advice or assistance in drafting legal documents. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
B. The clerk of the court shall provide to a plaintiff written contact information for resources from which the plaintiff may receive legal or social service assistance provided to the Administrative Office of the Courts by the various providers of those services, including the Maine State Bar Association or successor organization, any local or statewide organizations providing domestic violence services, any local or statewide organizations providing sexual assault services and any other agency providing reliable and relevant resource contact information. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 4106
- Abuse: means the occurrence of the following acts:
A. See Maine Revised Statutes Title 19-A Sec. 4102Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Court: means a District Court and, with regard to section 4113, the tribal court of the Passamaquoddy Tribe or the Penobscot Nation. See Maine Revised Statutes Title 19-A Sec. 4102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Order: means :
A. See Maine Revised Statutes Title 19-A Sec. 4102Plaintiff: The person who files the complaint in a civil lawsuit. state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101 Summons: Another word for subpoena used by the criminal justice system.
2. Forms. The forms provided by the court under subsection 1 must be uniform throughout the State and must include a summons and an affidavit for temporary emergency relief. The summons must include a section in which to list places where the defendant may be located or available to be served. The clerk of the court shall inquire where the defendant may be located or available to be served and list those locations on the summons or direct the plaintiff to do so.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
3. Fees. A fee may not be charged for forms or for filing a complaint. A plaintiff may apply for leave to proceed in forma pauperis.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
4. Notice. Prior to the plaintiff signing a complaint, the court shall notify the plaintiff, orally or in writing, that it is a crime to make a false statement under oath in a court document.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
5. Notification; copies. The clerk of the court shall issue, without fee, a copy of an order, agreement, amendment or revocation to the plaintiff, to the defendant and to the law enforcement agencies most likely to enforce it, as determined by the court.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
6. Civil rules apply. Unless otherwise indicated in this chapter, all proceedings must be in accordance with the Maine Rules of Civil Procedure. Appeals may be taken as provided by the Maine Rules of Civil Procedure. Appeals may be only for error of law or abuse of discretion.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
7. Mediation and referees. The court may not mandate mediation or appointment of referees in actions brought under this chapter. If an action under this chapter is joined with another proceeding pursuant to section 4105, subsections 1 and 2, this subsection does not prohibit the court from mandating mediation or the appointment of a referee on any issue, other than abuse, that is part of the other proceeding.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
SECTION HISTORY
PL 2021, c. 647, Pt. A, §3 (NEW). PL 2021, c. 647, Pt. B, §65 (AFF).