Me. R. Prob. P. 8
Rule 8. GENERAL RULES OF PLEADING
Length: 374 wordsOfficial source
(a) Probate Proceedings.
(1) Content of Pleadings. Every application and petition in a probate proceeding
shall set forth in short and plain terms all of the matters required by statute to be
pleaded to obtain the action or order sought and a specific request for that action
or order. In formal probate proceedings, the interests to be affected shall be
described in terms which give reasonable information to owners by name or
class, by reference to the instrument or statute creating the interests or to any
other source of such interests, or in other appropriate manner.
(2) Objections; Denials Not Required; Effect. When a reply is required or
permitted by these rules or by order of court, objections or other affirmative
matter shall be set forth in short and plain terms. Denials of the allegations of
the petition shall not be made. Such allegations, and any affirmative matter
pleaded in a reply, shall be taken as denied or avoided.
(3) Construction of Pleadings. All pleadings shall be so construed as to do
substantial justice.
(4) Certificate of Value. Upon the filing of any application or petition for the
determination of testacy status or appointment of a personal representative, the
register of probate shall require the applicant or petitioner to submit a statement
or certificate of value for the purposes of determining the appropriate filing fees,
the need for the filing of any inheritance tax bond, or the amounts of any bond
that is required. Except in the case of public administration under 18-A M.R.S.
§ 3-619, upon completion of the determination of the amount of filing fees and
the need for and amount of the inheritance tax or other bond, and upon the
request of the applicant or petitioner, the register shall return the statement or
certificate of value and any copies to the applicant or petitioner. The statement
or certificate of value shall not be a public record, except that in the case of
public administration under 18-A M.R.S. § 3-619 the statement or certificate of
value shall be treated as any other record is ordinarily treated in the registry of
probate.
(b) Civil Proceedings. Rule 8 of the Maine Rules of Civil Procedure governs
procedure in civil proceedings in the Probate Courts.