Who may serve a summons and complaint in Maine?

A sheriff or deputy within the sheriff's county, or another person authorized by law, such as a constable limited to that constable's own town or an adjoining plantation, may serve a Maine summons and complaint. A private individual may personally deliver it only if specially appointed by the court under M.R. Civ. P. Rule 4(c)(2); Maine has no general process-server license.

Can a party serve their own summons in Maine?

No, not by personal delivery. Maine Rule of Civil Procedure 4(c) confines personal service to a sheriff, deputy, other officer authorized by law, or a person the court has specially appointed. Maine also has a notice-and-acknowledgment mail method under Rule 4(c)(1), which does not require an officer or court order and is not personal delivery.

Is ordinary mail enough to serve a Maine summons?

No. Maine's notice-and-acknowledgment method under Rule 4(c)(1) requires first-class mail of the summons, complaint, and Electronic Service notice with two copies of Judicial Branch form CV-FM-036 and a prepaid return envelope. If no signed acknowledgment is received within 20 days of mailing, the sender must fall back to service by a sheriff, deputy, or court-appointed server, or another permitted method under Rule 4(c)(3).

Does Maine have an official proof of service form?

Maine has no single mandatory statewide numbered proof-of-service form. If a sheriff or deputy serves the summons, the officer endorses the Return of Service directly on the original summons. If the notice-and-acknowledgment mail method was used, the signed CV-FM-036 is filed as the return.

Does a Maine proof of service need to be notarized?

It depends on who served. A sheriff, deputy, or other officer authorized by law needs no affidavit; the endorsed Return of Service is sufficient. Any other server, such as a person specially appointed by the court, must prove service by sworn affidavit under Rule 4(h).

How long do I have to serve a summons in Maine?

Maine's civil rules set no separate day count to complete service itself. Instead, an action commenced by filing the complaint first must have its return of service filed within 90 days of filing, or the case may be dismissed; an action commenced by serving first must have the complaint filed within 20 days after service is completed.

Is there a deadline to file the proof of service in Maine?

If the action was commenced by filing the complaint first, the return of service must be filed within 90 days after the complaint was filed, or the action may be dismissed on motion and notice, with the court able to tax a reasonable attorney fee if it finds the case was vexatiously commenced.

How do I serve later papers like motions in a Maine case?

Once a party is represented, later documents go to the attorney of record, by delivery, mandatory Electronic Service for attorneys to the last known email address, or mail if undeliverable. Filing the document itself is treated as the filer's representation under Rule 5(d) that it was served; no separate certificate of service is required unless an adverse party raises a question of notice.

What happens if service of a Maine summons is defective?

Defective service can prevent the court from gaining jurisdiction over the defendant, which can void a default judgment later. Follow Maine Rule of Civil Procedure 4's requirements on who may serve, the method used, and the proof exactly, and never sign a proof of service that misstates how or when service occurred, since it is a sworn or Rule 11 representation.

Does this Maine proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

Maine Proof of Service

Maine confines personal delivery of a summons to a sheriff, deputy, other authorized officer, or a person the court specially appoints, and treats ordinary mail alone as insufficient unless the sender uses the notice-and-acknowledgment method with a 20-day fallback to officer, court-appointed, or another permitted method of service.

Find out where you stand in Maine

Where are you with service?

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Introduction

Maine confines personal delivery of a summons and complaint to a sheriff, deputy, or other person authorized by law, or to a person the court specially appoints under Rule 4(c)(2). A private person, including the plaintiff, generally cannot hand-serve their own summons without that appointment. Rule 4(c)(1) also allows a notice-and-acknowledgment mail method needing no officer or court order: first-class mail of the summons, complaint, and Electronic Service notice with two CV-FM-036 forms and a prepaid return envelope. Ordinary mail alone does not serve a summons; if no signed acknowledgment is received within 20 days of mailing, the sender must use officer or court-appointed service (Rule 4(c)(2)) or another permitted method (Rule 4(c)(3)). Maine has no single mandatory numbered proof-of-service form; an officer endorses the Return of Service on the original summons, the signed CV-FM-036 is the return for the mail method, and a court-appointed server proves service by affidavit under Rule 4(h). An action may begin by filing first, with the return of service due within 90 days, or by serving first and filing the complaint within 20 days after (Rule 3(a)-(b)). Later papers go to a represented party's attorney by delivery or Electronic Service, with regular mail if undeliverable, and by mail to an unrepresented party not opted into Electronic Service; filing the document stands as proof under Rule 5(d) unless a party disputes notice. Federal, foreign, and government-entity service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

1
Personal delivery of a Maine summons and complaint is confined to a sheriff, deputy, or other person authorized by law, such as a constable limited to that constable's own town or an adjoining plantation, or to a private individual the court has specially appointed under M.R. Civ. P. Rule 4(c)(2); Maine has no general process-server license. There is no single mandatory statewide proof-of-service form: the officer endorses the Return of Service directly on the original summons, procured blank from the clerk.
2
A private individual, including a party, generally cannot personally hand-deliver their own summons and complaint. Apart from a sheriff, deputy, other authorized officer, or a court appointment under Rule 4(c)(2), Rule 4(c)(1) allows a notice-and-acknowledgment mail method that needs no officer or court order.
3
Ordinary mail alone does not serve a Maine summons. The notice-and-acknowledgment method requires mailing the summons, complaint, and Electronic Service notice with two copies of Judicial Branch form CV-FM-036 and a postage-prepaid return envelope; if no signed acknowledgment is received within 20 days of mailing, the sender must fall back to officer or court-appointed service under Rule 4(c)(2) or another permitted method under Rule 4(c)(3).
4
For a sheriff, deputy, or other authorized officer, no affidavit or oath is required; the endorsed Return of Service is sufficient on its face. For any other server, such as a person specially appointed by the court, Rule 4(h) requires proof by affidavit.
5
Maine lets a civil action begin either by filing the complaint first, with the return of service then due within 90 days after filing or the action may be dismissed on motion and notice, or by serving the summons and complaint first and filing the complaint within 20 days afterward, under Rule 3(a)-(b).
6
For later papers, service on a represented party goes to the attorney of record, by delivery or Electronic Service, with regular mail only if Electronic Service is undeliverable; an unrepresented party who has not opted into Electronic Service is served by mail, complete upon mailing. No separate certificate-of-service filing is required; filing the document itself stands as the Rule 11 representation that it was served, unless an adverse party disputes notice.
7
Federal court service, service in a foreign country, and service on a government entity follow separate rules not covered here. Attorney review of a completed proof of service is available before filing.

Key decisions before you file

Before you file a Proof of Service in Maine, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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STATE OF MAINE [COUNTY], ss. [NAME OF COURT] CIVIL ACTION DOCKET NO. [DOCKET NUMBER]

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

RETURN OF SERVICE

Maine has no single mandatory statewide numbered proof-of-service form for a summons. An officer endorses this return directly on the original summons; for the mail method, the signed CV-FM-036 Acknowledgment of Receipt of Summons and Complaint is the return and is attached below; if the issuing court requires its own version of either, that court's form controls.

OFFICER RETURN

I, [NAME OF OFFICER], [SHERIFF OR DEPUTY SHERIFF OR CONSTABLE OR OTHER OFFICER AUTHORIZED BY LAW] for [COUNTY OR TOWN], certify that I served a copy of the Summons, Complaint, and Notice Regarding Electronic Service, together with [LIST OF ADDITIONAL PAPERS SERVED, IF ANY], on [NAME OF PERSON SERVED] by [DELIVERING A COPY TO THE INDIVIDUAL PERSONALLY OR TO AN AGENT AUTHORIZED TO RECEIVE SERVICE OR LEAVING COPIES AT THE INDIVIDUAL'S DWELLING HOUSE OR USUAL PLACE OF ABODE WITH A PERSON OF SUITABLE AGE AND DISCRETION RESIDING THEREIN], on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE]. I endorsed the date of service on the copy left with [NAME OF PERSON SERVED].

[SIGNATURE OF OFFICER] [NAME AND TITLE OF OFFICER]

COURT-APPOINTED SERVER AFFIDAVIT

I, [NAME OF SERVER], specially appointed by the court under Rule 4(c)(2) to serve process in this action, being duly sworn, depose and state that I served a copy of the Summons, Complaint, and Notice Regarding Electronic Service, together with [LIST OF ADDITIONAL PAPERS SERVED, IF ANY], on [NAME OF PERSON SERVED] by [PERSONAL DELIVERY OR ABODE SERVICE] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE].

[SIGNATURE OF SERVER] [NAME OF SERVER]

Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR].

[NOTARY SIGNATURE] Notary Public My commission expires: [DATE]

MAIL-WITH-ACKNOWLEDGMENT RETURN

On [DATE MAILED], [NAME OF SENDER] mailed by first-class mail a copy of the Summons, Complaint, and Notice Regarding Electronic Service, together with two copies of form CV-FM-036 and a postage-prepaid return envelope, to [NAME OF DEFENDANT] at [ADDRESS]. [IF APPLICABLE: ACKNOWLEDGMENT RETURNED] [NAME OF DEFENDANT] signed and returned the acknowledgment on [DATE ACKNOWLEDGMENT SIGNED], and the signed CV-FM-036 is attached and filed as the return.

[IF APPLICABLE: NO ACKNOWLEDGMENT RETURNED] No signed acknowledgment was received within 20 days of mailing, and service was instead completed on [DATE OF SERVICE] by [METHOD OF SERVICE USED].

ATTORNEY CERTIFICATION

The filing of this proof of service by the undersigned attorney is a representation, subject to the obligations of Rule 11, that the copy served was a true copy of the original.

[SIGNATURE OF ATTORNEY] [NAME OF ATTORNEY] [ADDRESS] [CITY, MAINE ZIP]

CERTIFICATE OF SERVICE OF LATER PAPERS

I certify that on [DATE], I served a copy of [NAME OF DOCUMENT] on [NAME OF PARTY OR ATTORNEY OF RECORD] by [DELIVERY OR ELECTRONIC SERVICE TO THE LAST KNOWN EMAIL ADDRESS OR MAIL TO THE LAST KNOWN ADDRESS], at [ADDRESS OR EMAIL ADDRESS]. This filing is made under the obligations of Rule 11 and Rule 5(d); no further proof of service is required unless an adverse party raises a question of notice.

[SIGNATURE] [NAME]

Maine Requirements for Proof of Service

Personal Service Limited To Officers Or Court Appointees
Personal delivery of a Maine summons and complaint is confined to a sheriff, deputy, or other person authorized by law, or to a private individual the court has specially appointed under Rule 4(c)(2); Maine has no general process-server license (M.R. Civ. P. 4(c), 4(d)(1)).
Private Individuals Barred From Hand-Serving Absent Appointment
A private individual, including a party, generally cannot personally hand-deliver their own summons and complaint without a specific court appointment under Rule 4(c)(2), which the rule directs be made freely when substantial travel-fee savings will result.
Notice-and-Acknowledgment Mail Method With 20-Day Fallback
Ordinary mail alone does not serve a Maine summons. The Rule 4(c)(1) method requires mailing the summons, complaint, and Electronic Service notice with two copies of form CV-FM-036 and a prepaid return envelope; if no signed acknowledgment is received within 20 days of mailing, the sender must fall back to officer or court-appointed service (Rule 4(c)(2)) or another permitted method (Rule 4(c)(3)).
Sworn Affidavit Required From Non-Officer Servers
A sheriff, deputy, or other authorized officer needs no affidavit; the endorsed Return of Service is sufficient on its face. Any other server must prove service by affidavit under Rule 4(h).
No Standalone Proof-of-Service Form; CV-FM-036 Required For Mail Method
Maine has no single mandatory statewide numbered proof-of-service form. The officer endorses the Return of Service on the original summons; the mail method instead requires filing the signed CV-FM-036 Acknowledgment of Receipt as the return.
Dual Commencement: 90-Day Return Filing Or 20-Day Complaint Filing
Maine lets an action begin either by filing the complaint first, with the return of service then due within 90 days or the action may be dismissed, or by serving the summons and complaint first and filing the complaint within 20 days afterward (M.R. Civ. P. 3(a)-(b)).
No Certificate Required For Later Papers Absent Dispute
Filing a later paper is itself the filer's Rule 11 representation that it has been or will be served on every other party; no separate certificate-of-service filing is required unless an adverse party raises a question of notice (Rule 5(d)).
Mandatory Electronic Service For Attorneys On Later Papers
A represented party is served later papers on the attorney of record, by delivery or by Electronic Service, which is mandatory for attorneys, to the last known email address, falling back to regular mail if undeliverable, or to the clerk if no address is known (Rule 5(a)-(b)).

Find out where you stand in Maine

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

Maine Requirements for Proof of Service

Personal Service Limited To Officers Or Court Appointees

Private Individuals Barred From Hand-Serving Absent Appointment

Notice-and-Acknowledgment Mail Method With 20-Day Fallback

Sworn Affidavit Required From Non-Officer Servers

No Standalone Proof-of-Service Form; CV-FM-036 Required For Mail Method

Dual Commencement: 90-Day Return Filing Or 20-Day Complaint Filing

No Certificate Required For Later Papers Absent Dispute

Mandatory Electronic Service For Attorneys On Later Papers

Frequently Asked Questions