Maine Motion for Summary Judgment
Maine ties every summary judgment deadline to the date the motion is filed, not to a hearing date: the opposition is due 21 calendar days after filing, the moving party may file a reply within 14 calendar days after that, or not less than 2 days before any scheduled hearing if earlier, and the court may decide the motion without any hearing at all under Maine Rules of Civil Procedure 7 and 56.
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Introduction
In Maine, a motion for summary judgment is governed by Maine Rule of Civil Procedure 56, and its deadlines run forward from the date the motion is filed rather than backward from a hearing date. Once a motion for summary judgment is filed, the opposing party must file a memorandum in opposition, together with an opposing statement of material facts and any supporting affidavits, not later than 21 calendar days after the filing of the motion, unless another time is set by the court (M.R. Civ. P. 7(c)(2)). The moving party may then file a reply memorandum, strictly confined to new matter raised in the opposition, within 14 calendar days after the opposition is filed, or, if a hearing has been scheduled, not less than 2 days before the hearing (for periods under 7 days, intermediate weekends and holidays are excluded under M.R. Civ. P. 6(a)), whichever date is earlier (M.R. Civ. P. 7(e)). Maine sets no free-standing notice period before a hearing the way some states do: instead, the motion itself must include a built-in notice of the 21-day opposition deadline (M.R. Civ. P. 7(b)(1)(A)), and, for a summary judgment motion specifically, a notice that the opposition must comply with Rule 56(h)'s statement of material facts requirement and that failure to comply may result in judgment entered without a hearing (M.R. Civ. P. 7(b)(1)(B), added effective November 15, 2023). A hearing is not required at all: after the opposition is filed, the court may in its discretion rule on the motion without a hearing (M.R. Civ. P. 7(b)(7)). The standard itself, that judgment shall be rendered if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law, comes from Rule 56(c), whose text has not changed since a January 1, 2012 amendment even though the statewide rules compilation carries amendments through June 1, 2026. A claimant, meaning a plaintiff, counterclaimant, cross-claimant, or a party seeking a declaratory judgment, may not file a motion for summary judgment until 20 days have elapsed from the commencement of the action, while a defending party may file its motion at any time, so long as it does not delay the trial; Maine sets no statewide day-count cutoff before trial the way some states do (M.R. Civ. P. 56(a), (b)). Required papers include a supporting statement of material facts in short, numbered paragraphs with record citations (M.R. Civ. P. 56(h)(1)); a memorandum of law, capped at 20 pages for a motion or opposition and 7 pages for a reply (M.R. Civ. P. 7(f)); supporting affidavits made on personal knowledge; and a draft order. The opposing party's statement must admit, deny, or qualify each numbered fact with its own record citations, and any fact supported by a record citation shall be deemed admitted unless properly controverted, since the court has no independent duty to search the record for facts the parties did not specifically reference (M.R. Civ. P. 56(h)(2), (h)(4)). Maine has no Texas-style no-evidence motion, but partial summary judgment is available directly under Rule 56(a) upon all or any part of a claim, and Rule 56(d) lets the court, on a motion that does not resolve the whole case, specify facts without substantial controversy for trial. A distinct foreclosure procedure applies under Rule 56(j): in a foreclosure action under Title 14, Chapter 713 of the Maine Revised Statutes, the court may not enter summary judgment without finding that the notice and service requirements of 14 M.R.S. section 6111 were strictly performed, that the plaintiff produced the note, mortgage, and all assignments and certified proof of ownership, and that mediation was completed, waived, or the defendant defaulted; where mediation is mandatory, not waived, and the defendant has appeared, the opposition deadline is instead pushed to no sooner than 10 days after the mediator's report is filed. Both the mover and the party who received the motion need to track these deadlines closely: a respondent who misses the 21-day window is deemed to have waived all objections to the motion (M.R. Civ. P. 7(c)(3)), but an unopposed motion is not automatically granted, since the court must still find no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Summary judgment practice is technical and is frequently lost on procedure, such as an incomplete statement of material facts, rather than the merits, and attorney review is available before filing or responding. This page covers a civil motion for summary judgment in a Maine state trial court under Rule 56. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than Maine's rule.
Key Things to Know
- 1
Maine ties every deadline to the date the motion is filed, not to a hearing date: the opposing party must file a memorandum in opposition, an opposing statement of material facts, and any supporting affidavits not later than 21 calendar days after the motion is filed, and the moving party may file a reply within 14 calendar days after the opposition is filed, or not less than 2 days before any scheduled hearing (excluding intermediate weekends and holidays, M.R. Civ. P. 6(a)), whichever is earlier (M.R. Civ. P. 7(c)(2), 7(e)).
- 2
If you were served with a Maine motion for summary judgment, your opposition must include a statement admitting, denying, or qualifying each numbered fact in the motion's statement of material facts, with your own record citations, plus any additional facts; a party who files no timely opposition is deemed to have waived all objections to the motion (M.R. Civ. P. 56(h)(2); 7(c)(3)).
- 3
An unopposed Maine motion for summary judgment is not automatically granted. The court must still find that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law before ruling (M.R. Civ. P. 56(c)), even though facts supported by a record citation are deemed admitted unless properly controverted (M.R. Civ. P. 56(h)(4)).
- 4
The Rule 56(c) standard itself, no genuine issue as to any material fact and entitlement to judgment as a matter of law, has not changed since a January 1, 2012 amendment, but Rule 7 was amended effective November 15, 2023 to require a summary judgment motion to include a built-in notice that opposition must comply with Rule 56(h) and that noncompliance may result in judgment entered without a hearing (M.R. Civ. P. 7(b)(1)(B)).
- 5
Maine does not require a hearing on a motion for summary judgment. After the opposition is filed, the court may in its discretion rule on the motion without a hearing, and a hearing is scheduled only if the movant requests one and a date is available (M.R. Civ. P. 7(b)(7), 7(b)(3)).
- 6
A claimant, meaning a plaintiff, counterclaimant, cross-claimant, or a party seeking a declaratory judgment, may not file a motion for summary judgment until 20 days have elapsed from the commencement of the action, while a defending party may file its motion at any time, so long as it does not delay the trial; Maine sets no statewide day-count cutoff before trial (M.R. Civ. P. 56(a), (b)).
- 7
Maine has a distinct foreclosure procedure under Rule 56(j): the court cannot grant summary judgment in a Title 14, Chapter 713 foreclosure action without findings on notice, proof of ownership, and mediation, and the opposition deadline is pushed to no sooner than 10 days after the mediator's report if mediation is mandatory, not waived, and the defendant has appeared. This page covers a motion for summary judgment only, not a motion to dismiss, not a motion to set aside a default judgment, and not a federal court motion, which follows a different rule.
Key decisions before you file
Before you file a Motion for Summary Judgment in Maine, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Maine Requirements for Motion for Summary Judgment
21-Calendar-Day Opposition Deadline Runs From Filing
The opposing party must file a memorandum in opposition, an opposing statement of material facts, and any supporting affidavits not later than 21 calendar days after the motion for summary judgment is filed, unless the court sets another time (M.R. Civ. P. 7(c)(2)).
14-Calendar-Day Reply Deadline, or 2 Days Before Hearing If Earlier
The moving party may file a reply memorandum, strictly confined to new matter raised in the opposition, within 14 calendar days after the opposition is filed, or, if a hearing has been scheduled, not less than 2 days before the hearing, excluding intermediate weekends and holidays under M.R. Civ. P. 6(a), whichever date is earlier (M.R. Civ. P. 7(e)).
No Hearing Required on a Summary Judgment Motion
After the opposition is filed, the court may in its discretion rule on the motion without a hearing, and a hearing is scheduled only if the moving party requests one and a date is available (M.R. Civ. P. 7(b)(7), 7(b)(3)).
20-Day Earliest Filing for a Claimant's Motion
A claimant, meaning a plaintiff, counterclaimant, cross-claimant, or a party seeking a declaratory judgment, may not file a motion for summary judgment until 20 days have elapsed from the commencement of the action (M.R. Civ. P. 56(a)).
Defending Party May File At Any Time, No Fixed Pre-Trial Cutoff
A defending party may move for summary judgment at any time, so long as it does not delay the trial; Maine sets no statewide day-count cutoff before trial the way some states do (M.R. Civ. P. 56(b)).
Statement of Material Facts With Admission-By-Default Rule
The moving party's supporting statement of material facts must be short, concise, and in numbered paragraphs with record citations; a fact supported by a record citation shall be deemed admitted unless properly controverted, since the court has no independent duty to search the record for facts not specifically referenced (M.R. Civ. P. 56(h)(1), (h)(4)).
Opposing and Reply Statements of Material Facts Required
The opposing party must file a statement admitting, denying, or qualifying each numbered fact, plus any additional facts, and the moving party's reply statement is limited to the opposing party's additional facts and any objections (M.R. Civ. P. 56(h)(2), (h)(3)).
Foreclosure Actions Require Additional Findings Under Rule 56(j)
In a Title 14, Chapter 713 foreclosure action, the court may not enter summary judgment without finding that notice and service requirements were strictly performed, that the plaintiff produced the note, mortgage, and all assignments and certified proof of ownership, and that mediation was completed, waived, or the defendant defaulted; if mediation is mandatory, not waived, and the defendant has appeared, the opposition deadline is pushed to no sooner than 10 days after the mediator's report is filed (M.R. Civ. P. 56(j)).
Page Limits: 20 Pages for a Motion or Opposition, 7 for a Reply
Except by prior leave of court, a memorandum in support of or opposition to a motion for summary judgment may not exceed 20 pages, and a reply memorandum may not exceed 7 pages (M.R. Civ. P. 7(f)).