Notice of Appearance - Maine State Court

NOTICE OF APPEARANCE

Maine Superior Court / District Court -- Civil Action

FILING NOTE: Maine courts use the eFileMAINE electronic filing system. Under MRECS Rule 4, e-filing is mandatory for attorneys in courts where the system is available. Confirm that eFileMAINE is operational for the specific court and case type before filing. Some courts and case types may still require paper filing. Visit https://courts.maine.gov/efiling for current availability.

1. CASE CAPTION

STATE OF MAINE
[________________________________] COUNTY
[☐ SUPERIOR COURT / ☐ DISTRICT COURT]
[☐ BUSINESS AND CONSUMER DOCKET]

Docket No. [________________________________]

[________________________________],
     Plaintiff(s),

v.

[________________________________],
     Defendant(s).

2. TITLE OF DOCUMENT

NOTICE OF APPEARANCE OF COUNSEL FOR [________________________________]

(Filed Pursuant to M.R. Civ. P. 5 and 11)

3. TYPE OF APPEARANCE

Select the type of appearance being entered:

☐ Full Appearance -- Undersigned counsel enters an appearance for all purposes in this matter on behalf of the designated party.

☐ Limited Appearance -- Undersigned counsel enters a limited appearance pursuant to M.R. Civ. P. 11(b) and Maine Bar Rule 3.4(i), limited to the scope described in Section 10 below.

☐ Additional Counsel -- Undersigned counsel enters an appearance as additional counsel of record alongside [________________________________], who remains lead counsel.

☐ Substitution of Counsel -- Undersigned counsel enters an appearance in substitution for [________________________________], who has filed or is simultaneously filing a motion to withdraw pursuant to M.R. Civ. P. 89.

4. ENTRY OF APPEARANCE

NOW COMES the undersigned attorney, [________________________________], Maine Bar No. [________________________________], of [________________________________], and hereby enters an appearance on behalf of [________________________________] ("Client"), who is the:

☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Intervenor
☐ Cross-Claimant / Counter-Claimant
☐ Petitioner
☐ Respondent
☐ Other: [________________________________]

in the above-captioned matter.

Pursuant to M.R. Civ. P. 5 and 11, the undersigned requests that all pleadings, motions, orders, notices, and other papers be served upon the undersigned at the addresses set forth below.

5. ATTORNEY INFORMATION

6. ELECTRONIC FILING AND SERVICE

A. E-Filing Status

☐ The undersigned is a registered user of eFileMAINE and will file documents electronically in this matter.

☐ The undersigned is not yet registered with eFileMAINE and will register prior to the next filing deadline.

☐ E-filing is not available for this court/case type; paper filing will be used.

B. Consent to Electronic Service

Pursuant to MRECS Rule 5, the undersigned:

☐ Consents to electronic service via the eFileMAINE system. The designated e-service email address is: [________________________________]

☐ Does not consent to electronic service at this time. The undersigned requests service by the following alternative method(s):

☐ First-Class U.S. Mail
☐ Hand Delivery
☐ Facsimile to: ([____]) [____]-[________]

NOTE: Under MRECS Rule 5, electronic service through eFileMAINE is deemed complete upon transmission. Parties represented by counsel are generally subject to electronic service requirements. Unrepresented parties may opt in to electronic service. The electronic service notice shall instruct the parties as to service requirements and provide instructions for opting in.

7. ADDITIONAL PARTIES REPRESENTED

If representing multiple parties in this action, list each below:

CONFLICT NOTE: If representing multiple parties, counsel must comply with Maine Rules of Professional Conduct, Rule 1.7 (Conflict of Interest: Current Clients) and obtain appropriate written consent.

8. SPECIAL COURT DESIGNATIONS

Check all that apply:

☐ This case is assigned to or eligible for the Business and Consumer Docket (BCD) pursuant to 4 M.R.S. § 157 and applicable BCD Administrative Orders. If so, the caption should reflect the BCD designation.

☐ This case is a Summary Jury Trial matter.

☐ This case is subject to Alternative Dispute Resolution (ADR) under M.R. Civ. P. 16B.

☐ This case involves a Declaratory Judgment under 14 M.R.S. § 5951 et seq.

☐ This case is a Personal Injury action subject to the Maine Tort Claims Act, 14 M.R.S. § 8101 et seq.

☐ This case involves a Protective Order / Harassment matter under 5 M.R.S. § 4651 et seq.

☐ Other special designation: [________________________________]

9. PRO HAC VICE ADMISSION

☐ Not applicable.

☐ The undersigned is sponsoring the pro hac vice admission of out-of-state counsel. A separate Motion for Admission Pro Hac Vice is being filed simultaneously pursuant to Maine Bar Rule 11.

REQUIREMENT: Out-of-state attorneys must associate with a Maine-admitted attorney who enters an appearance as local counsel. The local attorney remains responsible for the conduct of the case.

10. LIMITED APPEARANCE -- SCOPE AND TERMS

Complete this section only if a Limited Appearance is being entered under M.R. Civ. P. 11(b) and Maine Bar Rule 3.4(i).

A. Scope of Limited Representation

The undersigned attorney's representation of the Client is limited to the following:

☐ Representation at a specific hearing or proceeding scheduled for [__/__/____]

☐ Preparation and filing of the following specific document(s): [________________________________]

☐ Representation through disposition of the following motion(s): [________________________________]

☐ Negotiation, mediation, or settlement discussions only

☐ Discovery-related matters only

☐ Trial representation only

☐ Other limited scope (describe): [________________________________]

B. Client Informed Consent

Pursuant to Maine Rules of Professional Conduct Rule 1.2(c) and Maine Bar Rule 3.4(i), the Client has provided informed written consent to the limited scope of this representation. The Client understands:

1. The attorney's representation is confined to the scope described above;
2. The Client is responsible for all aspects of the case outside the defined scope;
3. The Client may need to retain other counsel or proceed pro se for matters outside this limited appearance;
4. Upon completion of the limited representation, the attorney's role will terminate as provided in subsection C below.

C. Termination of Limited Appearance

This limited appearance shall terminate upon the earliest of:

• Completion of the limited services described above;
• Filing of a Notice of Completion of Limited Representation with the Court;
• Entry of a court order terminating the limited appearance;
• Withdrawal approved by the Court under M.R. Civ. P. 89.

PRACTICE NOTE: Under M.R. Civ. P. 11(b), an attorney who files a limited appearance is not required to seek court approval to withdraw upon completion of the limited services. However, a Notice of Completion should be filed to inform the court and all parties that the limited representation has ended.

11. SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
(Law Firm Name)


By: ________________________________________
    [________________________________]
    Maine Bar No. [________________________________]
    [________________________________]
    [________________________________], Maine [________]
    Telephone: (____) ____-________
    Facsimile: (____) ____-________
    Email: [________________________________]

    Attorney for [________________________________]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Notice of Appearance was served upon the following parties and/or counsel of record by the method indicated below, in accordance with M.R. Civ. P. 5(b):

☐ eFileMAINE Electronic Service -- served electronically through the eFileMAINE system.

☐ First-Class U.S. Mail -- deposited in the United States mail, postage prepaid.

☐ Hand Delivery -- personally delivered.

☐ Facsimile -- transmitted by facsimile.

☐ Email (by agreement) -- transmitted by email pursuant to agreement of the parties.

________________________________________
[________________________________]
Maine Bar No. [________________________________]

PRACTICE TIPS AND GUIDANCE

Filing and Service

1. eFileMAINE Availability. Not all Maine courts and case types are live on the eFileMAINE system. Before relying on electronic filing and service, confirm availability at the Maine Judicial Branch website or by contacting the clerk's office. Some counties may still operate on paper dockets.

2. Service on Unrepresented Parties. Unrepresented parties are not automatically subject to electronic service. The electronic service notice must inform unrepresented parties of their right to opt in and provide instructions for doing so. Absent opt-in, serve unrepresented parties by traditional methods under M.R. Civ. P. 5(b).

3. Timing. File the appearance promptly upon being retained. An appearance should be filed at or before the time of filing the first responsive pleading or motion. Failure to appear timely may result in default under M.R. Civ. P. 55.

Business and Consumer Docket (BCD)

4. BCD Cases. If the case is filed in or transferred to the Business and Consumer Docket under 4 M.R.S. § 157, include the BCD designation in the caption. BCD cases follow specialized procedures and scheduling orders. Review the current BCD Administrative Orders at the Maine Judicial Branch website.

5. BCD Eligibility. The BCD has jurisdiction over business and commercial disputes, securities claims, trade secret cases, and other matters as specified by statute. Check eligibility before requesting BCD assignment.

Withdrawal of Appearance

6. Court Approval Required. Under M.R. Civ. P. 89(c), withdrawal of a full appearance requires leave of court. The withdrawing attorney must file a motion demonstrating good cause, provide adequate notice to the client, and ensure the client will not be prejudiced.

7. Timing of Withdrawal. Courts may deny withdrawal motions filed close to trial or other critical deadlines. Plan withdrawal well in advance and coordinate with the client regarding substitute counsel or pro se representation.

8. Limited Appearance Exception. Under M.R. Civ. P. 11(b), completion of a limited appearance does not require court approval for withdrawal. File a Notice of Completion and serve all parties.

Limited Representation

9. Maine Bar Rule 3.4(i). Maine has adopted rules expressly permitting limited scope representation. Under Bar Rule 3.4(i), an attorney may limit the scope of representation if the limitation is reasonable under the circumstances and the client gives informed consent. This is codified in Maine Rules of Professional Conduct Rule 1.2(c).

10. Ghostwriting. Under M.R. Civ. P. 11(b), an attorney may assist an unrepresented party in preparing documents without entering an appearance, provided the attorney's assistance is disclosed. However, the specifics of ghostwriting disclosure requirements should be confirmed against current rules.

Pro Hac Vice Admission

11. Out-of-State Counsel. Out-of-state attorneys must seek pro hac vice admission under Maine Bar Rule 11. Local Maine counsel must enter an appearance in every case and assumes responsibility for the conduct of the litigation.

12. Fees. Pro hac vice admission requires payment of the applicable fee to the Maine Board of Overseers of the Bar.

Record Retention

13. File Copies. Maintain copies of the filed appearance with any electronic filing confirmation for your records. Keep records for at least six years after the matter concludes, consistent with Maine Bar Rule obligations.

SOURCES AND REFERENCES

• Maine Rules of Civil Procedure: https://www.courts.maine.gov/rules/rules-civil.html
• M.R. Civ. P. Rule 89 (Withdrawal of Attorneys): https://www.courts.maine.gov/rules/text/MRCivPPlus/mr_civ_p_89_plus_2021-01-22.pdf
• Maine Rules of Electronic Court Systems (MRECS): https://courts.informe.org/rules/text/mrecs.pdf
• Maine Bar Rules: https://mebaroverseers.org/regulation/bar_rules.html
• eFileMAINE: https://courts.maine.gov/efiling
• Maine Judicial Branch Court Forms: https://www.courts.maine.gov/forms