(a)To What Proceedings Fully Applicable. These rules apply to all proceedings in the Probate Courts, with the exceptions set forth in subdivision (b) of this rule. They apply to proceedings on transfer to the District Court, on removal to the Superior Court, and on appeal to the Supreme Judicial Court sitting as the Law Court. A civil proceeding under these rules is appropriate whether the matter was one formerly cognizable at law or in equity and irrespective of ally statutory provisions as to the form of action. (b)Limited Applicability. Except for the jurisdictional affidavits required for the initiation of all guardianship, adoption and name change cases involving minor children, these rules do not alter the practice prescribed by the statutes of the State of Maine or other rules of court for beginning and conducting the following proceedings in the Probate Courts: (1) Proceedings for adoption under 18-A M.R.S. §9 - 101 et seq. and 18-A M.R.S. §9 - 301. (2) Proceedings for change of name under 18-A M.R.S. §9 - 301. (3) Proceedings upon child protection petitions under 22 M.R.S. §4031(1)(B). (4) Proceedings for emergency admission to a psychiatric hospital under 34-B M.R.S. §§3863. In respects not covered by statute, the practice in these proceedings shall conform as nearly as possible to these rules, consistent with a just and speedy determination of each proceeding. The procedure on any appeal permitted in these proceedings shall be in accordance with these rules.
(d) Writs Abolished. Rule 81(d) of the Maine Rules of Civil Procedure governs procedure in civil proceedings in the Probate Courts. (e) Terminology in Statutes and Rules of Civil Procedure. (1) When a provision of the Maine Rules of Civil Procedure is incorporated in these rules by reference, the terminology of the civil rule, where inconsistent with that of these rules or inappropriate under these rules, shall be taken to mean the individual, term device, or procedure proper under these rules. (2) In applying these rules to any proceeding to which they are applicable, the terminology of any statute which is also applicable, where inconsistent with that in these rules or inappropriate under these rules, shall be taken to mean the individual, term, device, or procedure proper under these rules. (f) When Procedure Is Not Specifically Prescribed. When no procedure is specifically prescribed, the court shall proceed in any lawful manner not inconsistent with the Constitutions of the United States or the State of Maine, these rules, the Probate Code, or any other applicable statute.Amended effective 3/1/1988; Amended by effective 7/29/2016.Advisory Note - July 2016
The amendments to Rule 81(a) and (b) reflect changes necessitated by Public Law 2015, chapter 460, "An Act To Ensure a Continuing Home Court for Cases Involving Children," enacted by the 127th Maine Legislature, which became effective on July 29, 2016. The amendments to Rule 81(b)(1)-(4) correct statutory references and citations.