As amended through September 25, 2024
Rule 54 - Judgment; Costs(a) Definition; Form. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings or the record of prior proceedings. (b) Judgment Upon Multiple Claims or Involving Multiple Parties. Rule 54(b) of the Maine Rules of Civil Procedure governs procedure in all formal probate and civil proceedings in the Probate Courts. (c) Demand for Judgment. Rule 64(c) of the Maine Rules of Civil Procedure govern procedure in all formal probate and civil proceedings in the Probate Courts. (d) Allowance of Costs. (1) Probate Proceedings. In all Contested formal probate proceedings, costs may be allowed to either party out of the estate in controversy as provided by statute and these rules, or in the discretion of the court may be allowed against a losing party in the event of a frivolous or malicious claim or objection. (2) Civil Proceedings. In all civil proceedings costs shall be allowed to the prevailing party as provided for civil actions in Rule 54(d) of the Maine Rules of Civil Procedure. (e) Taxation of Costs. (1) Probate Proceedings. In formal probate proceedings, costs shall be taxed by which court upon a statement presented by each party claiming them. Taxation of costs shall be conducted at a hearing in open court upon notice to all parties who have appeared in the proceeding. (2) Civil Proceedings. Rule a4 (e) of the Maine Rules of Civil Procedure governs procedure in civil proceedings in the Probate Courts. (f) Schedule of Fees. (1) Probate Proceedings. The following schedule of fees shall be taxable as costs: (A) Attorneys and Witnesses. As provided by statute. (B) Register for the Use of Counties. As provided by statute. (C) Miscellaneous. Service as taxed by the officer, subject to correction. Surveyors, commissioners, and other officers appointed by the court, fees as charged by them subject to correction. Costs of reference as reported by the referee and allowed by the court, provided that when in hearings on default the register serves as referee, he shall not be compensated). (2) Civil Proceedings. Rule a4 (f) of the Maine Rules of Civil Procedure governs procedure in civil proceedings in the Probate Courts, provided that in hearings on default, when the register serves as referee, he shall not be compensated. (g) Costs on Depositions. Rule .54 (g) of the Maine Rules of Civil Procedure governs procedure in all formal probate and civil proceedings in the Probate Courts.