Maine State Process Server

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In Maine, process serving is governed by specific rules that ensure the proper delivery of legal documents to individuals involved in legal proceedings. Here are the general rules and procedures for process serving in Maine:

1. Who Can Serve Process

In Maine, process may be served by a sheriff, deputy sheriff, or a special process server who is appointed by the court.
A process server can also be an adult who is not a party to the case and is at least 18 years old.

2. Methods of Service

Personal Service: The most common method, where the documents are delivered directly to the person being served. This is often required for summonses and complaints.
Substituted Service: If personal service is not possible, documents can be left with a person of suitable age (typically 14 or older) at the person’s home or place of business.
Service by Mail: In some cases, service by certified mail or regular mail may be acceptable, particularly for smaller claims or if the person being served agrees to accept service by mail.
Service by Publication: If the person cannot be located or served in person, the court may permit service through publication in a newspaper for a specified period.

3. Service of Process in Civil Cases

Summons and Complaint: These documents must be served within a specific timeframe, typically 90 days from the filing of the complaint.
Time of Service: In most cases, service should be completed before the defendant is required to respond to the complaint, usually within 21 days after service for individuals and 60 days for certain organizations.

4. Affidavit of Service

After serving process, the process server must provide an Affidavit of Service, which details how and when the documents were served. This is filed with the court to prove that proper service was made.

5. Special Cases

Service on Corporations: When serving a corporation, service is typically done on a registered agent or an officer of the company.
Service on Government Entities: Special rules apply when serving a government body, including service to the Attorney General or a designated official.

6. Failure to Serve

If service is not completed within the required timeframe, the plaintiff may request an extension or ask the court for an alternative method of service.

7. Maine Rules of Civil Procedure

These rules outline the full details for process serving, including the timeframe for service, the acceptable methods, and exceptions. You can find the rules in the Maine Rules of Civil Procedure, particularly Rule 4 (Summons and Service of Process).