Rule 40. ASSIGNMENT OF CASES FOR HEARING; CONTINUANCES

(a) Hearing Calendar and Notice of Hearing. (1) Calendar. The Chief Justice may establish by administrative order a uniform procedure under which the register shall schedule probate and civil proceedings for hearing. If the Chief Justice does not establish such a procedure, each judge of probate shall provide by order for such scheduling by the register upon a single calendar or separate probate and civil calendars. Such orders of the judges of probate shall be collected and published annually by the State Court Administrator. (2) Date of Hearing. In formal probate proceedings for the determination of testacy or the appointment of a personal representative, guardian, or conservator, the register shall, upon the filing of the petition, set a date for hearing in accordance with Rule 12(a)(2). The petitioner shall include that date in the notice to be served under Rule 4. In all other formal probate proceedings, and in all civil proceedings, the register shall, upon the filing of the reply or answer, set a date for hearing. At least 14 days prior to the date set, the register shall serve notice of the hearing date by ordinary mail upon the attorneys for the petitioner or plaintiff and all parties who received service of notice or summons under Rule 4, or upon any such party who has no attorney. (b) Continuances. Rule 40(b) of the Maine Rules of Civil Procedure governs procedure in all formal probate and civil proceedings in the Probate Courts. (c) Affidavit in Support of Motion. Rule 40(c) of the Maine Rules of Civil Procedure governs procedure in all formal probate and civil proceedings in the Probate Courts.