Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Service of process gives a defendant formal notice of a lawsuit. Maine law sets special rules when the defendant is a minor (under age 18) or has a court-appointed guardian. Following these rules helps ensure your case can move forward without delay.
1. Serving Minors
Under the Maine Rules of Civil Procedure Rule 4(b)(5), you may serve a minor by delivering the summons and complaint to the minor’s parent or legal guardian. If the minor has more than one parent or guardian, serve any one of them in the same household. If no parent or guardian can be located with reasonable diligence, you may seek the court’s permission for alternative service methods, such as substituted service or service by publication. See the full text of Rule 4(b)(5) here: Maine R. Civ. P. 4(b)(5).
2. Serving Individuals Under Guardianship
When a court has appointed a guardian for an incapacitated person, Maine law (Title 18-A M.R.S. Chapter 5) requires you to serve the guardian instead of the ward. You must deliver the summons and complaint to the guardian of the person or guardian of the estate, depending on which role covers personal notices. If the guardian refuses or cannot be found after reasonable effort, you may apply to the probate court for an order approving an alternative service method. Learn more about guardianship procedures: 18-A M.R.S. Chapter 5.
3. Alternative Methods of Service
If direct service on a parent, guardian, or guardian of the estate proves impracticable, you can ask the court to authorize:
- Substituted Service: Leaving papers at the individual’s dwelling with a suitable adult and mailing copies.
- Service by Publication: Publishing notice in a newspaper when the person’s address is unknown.
- Service by Mail or Electronic Means: Sending process via certified mail or as the court permits.
Always file a sworn affidavit or return of service detailing your efforts.
Helpful Hints
- Verify guardianship status through the probate court before serving.
- Keep detailed records: date, time, and method of service.
- Consider hiring a professional process server familiar with Maine rules.
- File a motion for alternative service promptly if personal service fails.
- Observe Maine’s service deadlines to avoid dismissal for lack of prosecution.