Me. R. Prob. P. 54
Rule 54. JUDGMENT; COSTS
Length: 409 wordsOfficial source
(a) Definition; Form. “Judgment” as used in these rules includes a decree and
any order from which an appeal lies. A judgment shall not contain a recital of
pleadings or the record of prior proceedings.
(b) Judgment Upon Multiple Claims or Involving Multiple Parties. Rule
54(b) of the Maine Rules of Civil Procedure governs procedure in all formal
probate and civil proceedings in the Probate Courts.
(c) Demand for Judgment. Rule 54(c) of the Maine Rules of Civil Procedure
governs procedure in all formal probate and civil proceedings in the Probate
Courts.
(d) Allowance of Costs.
(1) Probate Proceedings. In all contested formal probate proceedings, costs
may be allowed to either party out of the estate in controversy as provided by
statute and these rules, or in the discretion of the court may be allowed against a
losing party in the event of a frivolous or malicious claim or objection.
(2) Civil Proceedings. In all civil proceedings, costs shall be allowed to the
prevailing party as provided for civil actions in Rule 54(d) of the Maine Rules of
Civil Procedure.
(e) Taxation of Costs.
(1) Probate Proceedings. In formal probate proceedings, costs shall be taxed by
the court upon a statement presented by each party claiming them. Taxation of
costs shall be conducted at a hearing in open court upon notice to all parties who
have appeared in the proceeding.
(2) Civil Proceedings. Rule 54(e) of the Maine Rules of Civil Procedure governs
procedure in civil proceedings in the Probate Courts.
(f) Schedule of Fees.
(1) Probate Proceedings. The following schedule of fees shall be taxable as
costs:
(A) Attorneys and Witnesses. As provided by statute.
(B) Register for the Use of Counties. As provided by statute.
(C) Miscellaneous.
Service as taxed by the officer, subject to correction.
Surveyors, commissioners, and other officers appointed by the court, fees as
charged by them subject to correction.
Costs of reference as reported by the referee and allowed by the court,
provided that when in hearings on default the register serves as referee, he shall
not be compensated.
(2) Civil Proceedings. Rule 54(f) of the Maine Rules of Civil Procedure governs
procedure in civil proceedings in the Probate Courts, provided that in hearings
on default, when the register serves as referee, he shall not be compensated.
(g) Costs on Depositions. Rule 54(g) of the Maine Rules of Civil Procedure
governs procedure in all formal probate and civil proceedings in the Probate
Courts.