| RULE 4. Process |
| (a) |
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Summons: Form. The summons shall bear the signature or facsimile signature of the clerk, be under the seal of the
court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address
of the plaintiff's attorney, and the time within which these rules require the defendant to appear and defend, and shall notify
the defendant that in case of failure to do so judgment by default will be rendered against the defendant for the relief demanded
in the complaint. |
| (b) |
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Same: Issuance. The summons may be procured in blank from the clerk and shall be filled out by the plaintiff's
attorney as provided in subdivision (a) of this rule. The plaintiff's attorney shall deliver to the person who is to make
service the original summons upon which to make return of service and a copy of the summons and of the complaint for service
upon the defendant. |
| (c) |
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Service. Service of the summons and complaint may be made as follows: |
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(1) |
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By mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served,
together with two copies of a notice and acknowledgment form and a return envelope, postage prepaid, addressed to the sender.
If no acknowledgment of service under this paragraph is received by the sender within 20 days after the date of mailing, service
of the summons and complaint shall be made under paragraph (2) or (3) of this subdivision. |
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(2) |
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By a sheriff or a deputy within the sheriff's county, or other person authorized by law, or by some person specially appointed
by the court for that purpose. Special appointments to serve process shall be made freely when substantial savings in travel
fees will result. |
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(3) |
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By any other method permitted or required by this rule or by statute. |
| (d) |
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Summons: Personal Service. The summons and complaint shall be served together. Personal service within the state
shall be made as follows: |
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(1) |
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Upon an individual other than minor or an incompetent person, by delivering a copy of the summons and of the complaint to
the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with
some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint
to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated
by statute to receive service, such further notice as the statute requires shall be given. The court, on motion, upon a showing
that service as prescribed above cannot be made with due diligence, may order service to be made by leaving a copy of the
summons and of the complaint at the defendant's dwelling house or usual place of abode; or to be made by publication pursuant
to subdivision (g) of this rule, if the court deems publication to be more effective. |
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(2) |
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Upon a minor, by delivering a copy of the summons and of the complaint personally (a) to the minor and (b) also to the
minor's guardian if the minor has one within the state, known to the plaintiff, and if not, then to the minor's father or
mother or other person having the minor's care or control, or with whom the minor resides, or if service cannot be made upon
any of them, then as provided by order of the court. |
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(3) |
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Upon an incompetent person, by delivering a copy of the summons and of the complaint personally (a) to the guardian of
the incompetent person or a competent adult member of the incompetent person's family with whom the incompetent person resides,
or if the incompetent person is living in an institution, then to the director or chief executive officer of the institution,
or if service cannot be made upon any of them, then as provided by order of the court and (b) unless the court otherwise orders,
also to the incompetent person. |
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(4) |
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Upon a county, by delivering a copy of the summons and of the complaint to one of the county commissioners or their clerk
or the county treasurer. |
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(5) |
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Upon a town, by delivering a copy of the summons and of the complaint to the clerk or one of the selectmen or assessors.
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(6) |
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Upon a city, by delivering a copy of the summons and of the complaint to the clerk, treasurer, or manager. |
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(7) |
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Upon the United States, by delivering a copy of the summons and of the complaint to the United States attorney for the
district of Maine or to an assistant United States attorney or clerical employee designated by the United States attorney
in a writing filed with the clerk of the United States District Court for the district of Maine and by sending a copy of the
summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District
of Columbia, and in any action attacking the validity of an order of an officer or agency of the United States not made a
party, by also sending a copy of the summons and of the complaint by registered or certified mail to such officer or agency
provided that any further notice required by statute or regulation shall also be given.
Upon an officer
or agency of the United States, by serving the United States and by delivering a copy of the summons and of the complaint
to such officer or agency, provided that any further notice required by statute or regulation shall also be given. If the
agency is a corporation the copy shall be delivered as provided in paragraph (8) or (9) of this subdivision of this rule.
Upon
any other public corporation, by delivering a copy of the summons and of the complaint to any officer, director, or manager
thereof and upon any public body, agency or authority by delivering a copy of the summons and the complaint to any member
thereof. |
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(8) |
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Upon a domestic private corporation (a) by delivering a copy of the summons and of the complaint to any officer, director
or general agent; or, if no such officer or agent be found, to any person in the actual employment of the corporation;
or, if no such person be found, to the Secretary of State, provided that the plaintiff's attorney shall also send a copy of
the summons and of the complaint to the corporation by registered or certified mail, addressed to the corporation's principal
office as reported on its latest annual return; 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. |
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(9) |
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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. |
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(10) |
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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. |
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(11) |
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Upon the State of Maine by delivering a copy of the summons and of the complaint to the Attorney General of the State
of Maine or one of the Attorney General's deputies, either (a) personally or (b) by registered or certified mail, return receipt
requested; and in any action attacking the validity of an order of an officer or agency of the State of Maine not made a party,
by also sending a copy of the summons and of the complaint by ordinary mail to such officer or agency. The provisions of Rule
4 (f) relating to completion of service by mail shall here apply as appropriate. |
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(12) |
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Upon an officer or agency of the State of Maine by the method prescribed by either paragraph (1) or (7) of this subdivision
as appropriate, and by also sending a copy of the summons and of the complaint by ordinary mail to the Attorney General of
the State of Maine. |
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(13) |
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Upon all trustees of an express trust, whether within or without the state, in any action on a claim for relief against
the trust, except an action by a beneficiary in that capacity, (a) by delivering a copy of the summons and of the complaint
to any trustee, or by leaving such copies at an office or place of business of the trust 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 trust, provided that any further notice required by the statute shall also be given. |
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(14) |
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Upon another state of the United States, by the method prescribed by the law of that state for service of process upon
it. |
| (e) |
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Personal Service Outside State. A person who is subject to the jurisdiction of the courts of the state may be served
with the summons and complaint outside the state, in the same manner as if such service were made within the state, by any
person authorized to serve civil process by the laws of the place of service or by a person specially appointed to serve it.
An affidavit of the person making service shall be filed with the court stating the time, manner, and place of service. Such
service has the same force and effect as personal service within the state. |
| (f) |
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Service Outside State by Mail in Certain Actions. Where |
