A Practical Guide to Superior Court Practice in Maine

An essential reference for Maine civil and criminal litigators

Product Number: 2233728WFM
Publication Date: 11/30/2022
Edition: 2nd Edition 2022
Copyright: © 2022 MCLE, Inc.
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A Practical Guide to Superior Court Practice in Maine

An essential reference for Maine civil and criminal litigators

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Product Description
Product Description

A Practical Guide to Superior Court Practice in Maine provides invaluable insight into civil and criminal practice before the Maine Superior Court. Civil litigators, defense attorneys, prosecutors, and judges take you through selected key areas of practice so that you will feel prepared whether you are obtaining pretrial security, filing pleadings, drafting motions, or arguing a complex case before a jury. Sample documents, practice tips, and rule and case references help answer your daily practice questions and provide a direction for further research.

Recent updates:
- Update: November 2022
  Dear Subscriber:
  
  Thank you for choosing to keep your volume of A Practical Guide to Superior Court Practice in Maine current with this 2022 update. Inside, you will find new material addressing such topics as the following, which are only a small sample of the new content added with this updated issue:
  - Property exempt from attachment and execution. See chapter 1 for new information on amounts and classifications of property, as well as guidance on when attachment is not available.
  - SLAPP suits. See chapter 5 for new discussion of V Special motions to dismiss under Maine's SLAPP statute and the complex procedural rules unique to this discrete type of dispositive motion. The chapter includes discussion of a recent case where a defendant was required to file a special motion to dismiss and address the right of petition.
  - Summary judgment; burden of the moving party. See chapter 6 for two recent cases. One affirms the dismissal of a motion for summary judgment on the affirmative defense of immunity, and the other case addresses the burden to show that the defense was pled with adequate specificity in the party's responsive pleading.
  - Motions to dismiss for failure to state a claim upon which relief may be granted. See chapter 6 for two recent cases that address the Iqbal standard.
  - Alternatives to building a summary judgment record. See chapter 6 for discussion of the instance where the parties agree on the facts and the factual inferences to be drawn from them but disagree on the legal significance of those facts and the use of an agreed-on stipulation of facts.
  We at MCLE trust that you will find this material useful in your practice and in keeping your law library current.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., Director of Publications
Table of Contents

Table of Contents
expand all

Chatper 1 expand

Obtaining Pretrial Security in Civil Cases
Buy Chapter
Jeana McCormick, Drummond Woodsum
Julia G. Pitney, Esq., Drummond Woodsum

Chatper 2 expand

Drafting Pleadings and Motions in Civil Cases
Buy Chapter
Elizabeth A. Germani, Esq., Drummond Woodsum
James P. Spizuoco, Esq., Drummond Woodsum

Exhibit 2A
- Sample Complaint (Motor Vehicle Accident) Buy Form

Exhibit 2B
- Sample Complaint (Personal Injury) Buy Form

Exhibit 2C
- Sample Motion to Dismiss for Lack of Personal Jurisdiction Buy Form

Exhibit 2D
- Sample Answer to Complaint Buy Form

Chatper 3 expand

Civil Discovery
Buy Chapter
Thomas McKeon, Maine Superior Court

Chatper 4 expand

Alternative Dispute Resolution
Buy Chapter
Devon G. Coughlan, Esq., Conflict Solutions
Patrick C. Coughlan, Esq., Conflict Solutions

Exhibit 4A
- M.R. Civ. P. 16B Alternative Dispute Resolution Buy Form

Exhibit 4B
- Sample Mediation Agreement Buy Form

Exhibit 4C
- Electronic Mediation Protocols and Confidentiality Buy Form

Exhibit 4D
- Settlement Term Sheet Buy Form

Chatper 5 expand

Civil Motion Practice - Procedural Motions
Buy Chapter
Timothy J. Bryant, Esq., Preti Flaherty Beliveau & Pachios LLP
Benjamin S. Piper, Esq.,

Exhibit 5A
- Motion for More Definite Statement Buy Form

Exhibit 5B
- Motion to Strike Buy Form

Exhibit 5C
- Motion to Consolidate Buy Form

Exhibit 5D
- Motion to Bifurcate Buy Form

Exhibit 5E
- Motion to Sever Buy Form

Exhibit 5F
- Motion for Protective Order Buy Form

Exhibit 5G
- Motion to Exclude Opinion Testimony Buy Form

Exhibit 5H
- Application for Approval of Minor Settlement Buy Form

Exhibit 5I
- Joint Motion to Impound Pleadings Buy Form

Exhibit 5J
- Motion to Withdraw as Counsel Buy Form

Exhibit 5K
- Notice of Removal Buy Form

Chatper 6 expand

Civil Motion Practice - Disputive Motions
Buy Chapter
Alicia F. Curtis, Esq.,

Chatper 7 expand

Special Claims - Minor Settlements
Buy Chapter
Joseph L. Cahoon, Jr., Esq., Richardson, Whitman, Large, & Badger
Carol I. Eisenberg, Esq., Richardson, Whitman, Large & Badger

Chatper 8 expand

Special Claims - Injunctive Relief
Buy Chapter
Meredith C. Eilers, Esq., Olafsen & Eliers
Paul McDonald, Esq., Bernstein, Shur, Sawyer & Nelson, PA
Daniel J. Murphy, Esq., Bernstein, Shur, Sawyer & Nelson, PA

Chatper 9 expand

Administrative Appeals to Superior Court
Buy Chapter
Nancy Macirowski, Esq., Office of Maine Attorney General

Exhibit 9A
- Rule 80C Petition Buy Form

Chatper 10 expand

Posttrial Motions in Civil Cases
Buy Chapter
Hon. Thomas D. Warren, Maine Superior Court

Chatper 11 expand

Civil Appeals
Buy Chapter
Nolan L. Reichl, Esq., Pierce Atwood LLP

Chatper 12 expand

Business and Consumer Court
Buy Chapter
Kimberly L. Patwardhan, Esq., Office of Maine Attorney General

Exhibit 12A
- BCD Application Form Buy Form

Exhibit 12B
- Judicial Recommendation for Transfer to BCD Docket Form Buy Form

Exhibit 12C
- BCD Form Confidentiality Order Buy Form

Chatper 13 expand

The Maine Rules of Unified Criminal Procedure: An Evolution from a New Model of Processing Criminal Cases and Civil Violations
Buy Chapter
Hon. Joyce A. Wheeler,

Chatper 14 expand

Charging Instruments
Buy Chapter
Julia A. Sheridan, Esq.,

Exhibit 14A
- Sample Uniform Summons and Complaint Buy Form

Exhibit 14B
- Sample Bail Bond Buy Form

Exhibit 14C
- Sample Violation Summons and Complaint Buy Form

Exhibit 14D
- Sample Waiver of Indictment (M.R. Crim. P. 7(b)) Buy Form

Exhibit 14E
- Sample Complaint Buy Form

Exhibit 14F
- Sample Indictment Buy Form

Exhibit 14G
- Sample Notice of Joinder Buy Form

Exhibit 14H
- Sample Superseding Indictment Buy Form

Exhibit 14I
- Sample Information Buy Form

Chatper 15 expand

Motions to Suppress Evidence
Buy Chapter
Rory McNamara, Esq., Drake Law
Tina Heather Nadeau, Esq., The Law Office of Tina Heather Nadeau

Exhibit 15A
- Sample Post-Hearing Memorandum in Support of Defendant’s Motion to Suppress Buy Form

Exhibit 15B
- Sample Motion to Suppress Evidence Buy Form

Chatper 16 expand

Discovery in Criminal Cases
Buy Chapter
Hon. William R. Stokes, Maine Superior Court

Exhibit 16A
- Order to Produce Department of Health and Human Services Records Buy Form

Chatper 17 expand

Posttrial Motions in Criminal Cases
Buy Chapter
Hon. Thomas D. Warren, Maine Superior Court

Chatper 18 expand

Criminal Appeals
Buy Chapter
Donald W. Macomber, Esq., Office of Maine Attorney General

Exhibit 18A
- Notice of Appeal Form Buy Form

Exhibit 18B
- Transcript Order Form and Motion for Transcript at State Expense Buy Form

Exhibit 18C
- Application for Leave to Appeal Sentence Buy Form

Chatper 19 expand

Trial Advocacy
Buy Chapter
Travis M. Brennan, Esq., Berman & Simmons
Daniel G. Kagan, Esq., Berman & Simmons, PA

Exhibit 19A
- Standard Scheduling Order Buy Form

Chatper 20 expand

Trial Preparation
Buy Chapter
Martha C. Gaythwaite, Esq., Verrill Dana LLP
John W. Tebbetts, Esq., Tebbets Law Office LLC

Exhibit 20A
- Scheduling Order Buy Form

Exhibit 20B
- Pretrial Order Buy Form

Exhibit 20C
- Request for Protection on Trial List Buy Form

Exhibit 20D
- Witness Subpoena and Rule 45 Buy Form

Exhibit 20E
- Available Courtroom Technology by County Buy Form

Chapter 21 expand

Jury Trials
Buy Chapter
Terrence D. Garmey, Esq., Garmey Law
Gary Goldberg, Esq., Garmey Law
Katherine A. Kerkam, Esq.,
Peter Richard, Esq., Garmey Law

Chapter 22 expand

Jury Instructions and the Charge Conference
Buy Chapter
Susan A. Faunce, Esq., Berman & Simmons
Sarah K. Hall, Esq., Berman & Simmons

Exhbiit 22A
- Sample Verdict Form (Personal Injury) Buy Form

Exhibit 22B
- Sample Verdict Form (Medical Malpractice) Buy Form
Editors & Authors

Editor(s)

Hon. Thomas E. Humphrey, Maine Supreme Judicial Court, Portland

William D. Robitzek, Esq., Maine Lawyer Services, Brunswick

Author(s)

Travis M. Brennan, Esq., Berman & Simmons, Lewiston

Timothy J. Bryant, Esq., Preti Flaherty Beliveau & Pachios LLP, Portland

Joseph L. Cahoon, Jr., Esq., Richardson, Whitman, Large, & Badger, Portland

Devon G. Coughlan, Esq., Conflict Solutions, Portland

Patrick C. Coughlan, Esq., Conflict Solutions, Falmouth

Alicia F. Curtis, Esq.,

Meredith C. Eilers, Esq., Olafsen & Eliers, Portland

Carol I. Eisenberg, Esq., Richardson, Whitman, Large & Badger, Portland

Susan A. Faunce, Esq., Berman & Simmons, Lewiston

Terrence D. Garmey, Esq., Garmey Law, Portland

Martha C. Gaythwaite, Esq., Verrill Dana LLP, Portland

Elizabeth A. Germani, Esq., Drummond Woodsum , Portland

Gary Goldberg, Esq., Garmey Law, Portland

Sarah K. Hall, Esq., Berman & Simmons, Lewiston

Daniel G. Kagan, Esq., Berman & Simmons, PA, Lewiston

Katherine A. Kerkam, Esq., Cape Elizabeth

Nancy Macirowski, Esq., Office of Maine Attorney General, Augusta

Donald W. Macomber, Esq., Office of Maine Attorney General, Augusta

Jeana McCormick, Drummond Woodsum , Portland

Paul McDonald, Esq., Bernstein, Shur, Sawyer & Nelson, PA, Portland

Thomas McKeon, Maine Superior Court, Portland

Rory McNamara, Esq., Drake Law, York

Daniel J. Murphy, Esq., Bernstein, Shur, Sawyer & Nelson, PA, Portland

Tina Heather Nadeau, Esq., The Law Office of Tina Heather Nadeau, Portland

Kimberly L. Patwardhan, Esq., Office of Maine Attorney General, Augusta

Benjamin S. Piper, Esq.,

Julia G. Pitney, Esq., Drummond Woodsum , Portland

Nolan L. Reichl, Esq., Pierce Atwood LLP, Portland

Peter Richard, Esq., Garmey Law, Portland

Julia A. Sheridan, Esq., Portland

James P. Spizuoco, Esq., Drummond Woodsum , Portland

Hon. William R. Stokes, Maine Superior Court, Augusta

John W. Tebbetts, Esq., Tebbets Law Office LLC, Yarmouth

Hon. Thomas D. Warren, Maine Superior Court, Portland

Hon. Joyce A. Wheeler,

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A Practical Guide to Superior Court Practice in Maine

An essential reference for Maine civil and criminal litigators

A Practical Guide to Superior Court Practice in Maine

An essential reference for Maine civil and criminal litigators

Your Selection:

Product Description

Recent updates:

Table of Contents

Obtaining Pretrial Security in Civil Cases

Drafting Pleadings and Motions in Civil Cases

Exhibit 2A

Exhibit 2B

Exhibit 2C

Exhibit 2D

Civil Discovery

Alternative Dispute Resolution

Exhibit 4A

Exhibit 4B

Exhibit 4C

Exhibit 4D

Civil Motion Practice - Procedural Motions

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Exhibit 5E

Exhibit 5F

Exhibit 5G

Exhibit 5H

Exhibit 5I

Exhibit 5J

Exhibit 5K

Civil Motion Practice - Disputive Motions

Special Claims - Minor Settlements

Special Claims - Injunctive Relief

Administrative Appeals to Superior Court

Exhibit 9A

Posttrial Motions in Civil Cases

Civil Appeals

Business and Consumer Court

Exhibit 12A

Exhibit 12B

Exhibit 12C

The Maine Rules of Unified Criminal Procedure: An Evolution from a New Model of Processing Criminal Cases and Civil Violations

Charging Instruments

Exhibit 14A

Exhibit 14B

Exhibit 14C

Exhibit 14D

Exhibit 14E

Exhibit 14F

Exhibit 14G

Exhibit 14H

Exhibit 14I

Motions to Suppress Evidence

Exhibit 15A

Exhibit 15B

Discovery in Criminal Cases

Exhibit 16A

Posttrial Motions in Criminal Cases

Criminal Appeals

Exhibit 18A

Exhibit 18B

Exhibit 18C

Trial Advocacy

Exhibit 19A

Trial Preparation

Exhibit 20A

Exhibit 20B

Exhibit 20C

Exhibit 20D

Exhibit 20E

Jury Trials

Jury Instructions and the Charge Conference

Exhbiit 22A

Exhibit 22B

Editor(s)

Author(s)