(a)Entry. When a party who has been served with notice of a petition in formal probate proceedings for the determination of testacy or the appointment of a personal representative, guardian of conservator does not make written or oral reply as provided in Rule 12(a)(2), and that fact is made to appear by affidavit or otherwise, the register shall enter the party's default. When a party who has been served with notice of such a petition, or of any petition in other formal probate proceedings, or against whom a judgment for affirmative relief is sought in civil proceedings, has otherwise failed to plead or otherwise act or defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the register shall enter the party's default, except that no default or default judgment shall be entered by the clerk in any action involving guardianship, adoption, change of name, or other matters concerning custody or other parental rights of a minor child. In any action involving guardianship, adoption, change of name, or other matters concerning custody or other parental rights of a minor child, M.R. Civ. P. 117 governs default procedure. (b)Judgment; Setting Aside Default; Plaintiffs, Counterclaimants, Cross- Claimants. Rule 55(b)-(d) of the Maine Rules of Civil Procedure governs procedure in all formal probate proceedings and Rules 55(b)-(d) and 117 of the Maine Rules of Civil Procedure govern civil proceedings in the Probate Courts, so far as applicable, except that the appointment of a guardian ad litem or other such representative to appear on behalf of an infant or incompetent person in formal probate proceedings under paragraph (2) of subdivision (b) of Rule 55 shall be required only upon an order of the judge.Amended effective 8/24/1981;9/8/1981;12/15/1981;3/1/1988;2/1/1991; amended effective 7/29/2016. Advisory Note - July 2016
The changes were made to Rule 55 to reflect that the issues of default and default judgments are handled differently in family cases than in other civil cases.