Maine Service of Process Rules
Maine
State Serve Rules
Affidavit
Notary
Not Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
individual and parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Not Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
Affidavit of service must include Diligenced attempts
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Required (3 attempts)
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - Servers
Rrequires 3 diligent attempts at personal service (regular serve)
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** By a sheriff or a deputy within the sheriff’s county, or other person authorized by law, or by some person specially appointed for that purpose. Special appointments to serve process shall be made freely when substantial savings in travel fees will result.
**Personal Service.** Summons and complaint shall be served together. Personal service within the state shall be made as follows: (1) Upon an individual … by delivering … to the individual personally.
**Substituted.** By leaving copies at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein…
**Corporations.** Upon a corporation established under the laws of any other state or country (a) by delivering a copy of the summons and of the complaint to any officer, director or agent, or by leaving such copies at an office or place of business of the corporation within the state; or (b) by delivering a copy of the summons and of the complaint to any agent or attorney in fact authorized by appointment or by statute to receive or accept service on behalf of the corporation, provided that any further notice required by the statute shall also be given. Upon a partnership subject to suit in the partnership name in any action, and upon all partners whether within or without the state in any action on a claim arising out of partnership business, (a) by delivering a copy of the summons and of the complaint to any general partner or any managing or general agent of the partnership, or by leaving such copies at an office or place of business of the partnership within the state; or (b) by delivering a copy of the summons and of the complaint to any agent, attorney in fact, or other person authorized by appointment or by statute to receive or accept service on behalf of the partnership, provided that any further notice required by the statute shall also be given.
**Return of Service.** The person serving the process shall make proof of service thereof on the original process or a paper attached thereto for that purpose, and shall forthwith return it to the plaintiff’s attorney. If service is made by a person other than a sheriff…, that person shall make proof by affidavit. The officer or other person serving the process shall endorse the date of service upon the copy left with the defendant… Failure to endorse the date of service shall not affect the validity of the service.
**Sunday.** Service of Process is prohibited on Sundays pursuant to Maine Revised Statutes §705.
