Me. R. Prob. P. 9

As amended through November 25, 2024

Rule 9 - Pleading Special Matters

(a) Matters involving children. Before filing any action concerning guardianship, adoption, change of name or other matters implicating custody or other parental rights of a minor child or children, the petitioner must file an affidavit with the Probate Court through which the petitioner states, under oath:

(1) There are no family matters, divorce, guardianship, protection from abuse,1 grandparent visitation, guardianship, adoption, or name change cases concerning the minor child(ren) being litigated in or awaiting decision in any District Court; and

(2) No proceeding involving guardianship, adoption, change of name or other matters concerning custody or other parental rights of the minor child(ren) brought in the Probate Court has previously been transferred to the District Court.

If, based on the information in the affidavit, the Register of the Probate Court is satisfied that it has jurisdiction to hear the case pursuant to 4 M.R.S. §251-A, the petition may be filed and docketed. If, based on the information in the affidavit, the Register of the Probate Court is not satisfied that it has jurisdiction pursuant to 4 M.R.S. §251-A, the petition shall not be accepted for filing. If the Register cannot accept the petition for filing, the Register shall tell the person attempting to file the petition that he or she should contact the local District Court for further assistance.

(b) In all other matters, Rule 9 of the Maine Rules of Civil Procedure governs procedure in the Probate Courts so far as applicable.

Me. R. Prob. P. 9

Amended effective 7/29/2016.

Advisory Note - July 2016

The addition of Rule 9(a) creates a procedure that will assist the Probate Courts in determining whether they have jurisdiction over a minor guardianship, adoption, or name change case in light of 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 amended rule uses the phrase "being litigated in or awaiting decision in" as a definition of "pending" to allow the court and parties to share an understanding of the term used in the new legislation. A form affidavit that requires filing parties to provide the required information required will be available at every Probate Court and at maineprobate.net.