Fall 2001, pg. 228. Maine Supreme Judicial Court.

Maine Bar Journal

2001.

Fall 2001, pg. 228.

Maine Supreme Judicial Court

Maine Bar Journal Fall 2001 Maine Supreme Judicial Court Amendments to Maine Rules of Civil Procedure to implement alternative dispute resolution procedures in Superior Court

Effective January 1, 2002

1. Rule 16(a) of the Maine Rules of Civil Procedure is amended as follows:

   RULE 3.6. PRETRIAL PROCEDURE IN THE SUPERIOR COURT

   (a) Scheduling Order. After the filing of the answer in any civil action in the Superior Court other than proceedings pursuant to Rule 80, 80B, or 80C, the court shall enter a scheduling order setting deadlines for the joinder of additional parties, the exchange of expert witness designations and reports, the scheduling and completion of an alternative dispute resolution conference when required by Rule 16B, the completion of discovery, the filing of motions, and the placement of the action on the trial list. The scheduling order shall not be modified except on motion for good cause shown. The joinder of additional parties after the scheduling order has issued shall not require a modification of the scheduling order except on motion for good cause shown.

2. Rule 16B of the Maine Rules of Civil Procedure is adopted as follows:

   RULE 16B. ALTERNATIVE DISPUTE RESOLUTION

   (a) Applicability. All parties to any civil action filed in or removed to the Superior Court, except actions exempt in accordance with subsection (b) of this rule, shall, within 60 days of the date of the Rule 16(a) scheduling order, schedule an alternative dispute resolution conference which conference shall be held and completed within one hundred and twenty days of the date of the Rule 16(a) scheduling order.

   (b) Exemptions. The following categories of cases are exempt from the requirements of this rule:

   (1) Actions under Rule 80, 80D, and 80L:

   (2) Appeals under Rule 80B or Rule 80C;

   (3) Appeals under 36 M.R.S.A. § 151;

   (4) Actions for recovery of personal injury damages where the plaintiff requests exemption and certifies that the likely recovery of damages will not exceed $30,000.

   (5) Actions where the parties have participated in statutory prelitigation screening or dispute resolution processes including medical malpractice and Maine Human Rights Act cases;

   (6) Actions where the parties certify that they have engaged in formal alternative dispute resolution before a neutral third party. The certification shall state the name of the neutral and the date(s) on which formal alternative dispute resolution conferences occurred;

   (7) Actions for nonpayment of...