A motion is a document filed with the court in which a person asks the Court to take certain action in a case. Motions must be in writing and filed with the Court. Motions must include a case caption and must be signed by the filing party (see attached motion form).
Along with a Motion, the filing party must also file a Proposed Order, a Hearing Notice and a Certificate of Service. A Certificate of Service is a document filed with the court that shows the court and all interested parties exactly how a motion has been “served” on other parties in the case. Providing copies of the motion by “serving” them is a critical step in the process because it gives everyone “notice” of what you are asking from the court. Examples of all of the following documents are attached for your reference.
- Proposed Order Must Include:
Space for Judge's Signature
- Hearing Notice Must Include:
Hearing Date, Location, and Time. To obtain a hearing date & time please contact the Clerk's Office in Portland at 780-3482 or in Bangor at 945-0348.
Objection Deadline. This is the date by which a party in interest may object to your Motion. To obtain an Objection Deadline, please contact the Clerk's Office in Portland at 780-3482 or in Bangor at 945-0348.
- Certificate of Service Must Include:
Names, addresses and manner of service of all parties served
Date document served
Signature of filing party
Almost all motions must be set for a hearing before the judge. There are some exceptions, all of which can be found listed in Local Rule 9013-1(d). Exceptions that may be of particular relevance to Pro Se parties include: (1) motions to extend time to file schedules, statements, tax returns, etc.; (2) motions for enlargement of time; and (3) motions to reopen a case. Even though these motions do not need to be set for hearing, they still must be filed with the Proposed Order and Certificate of Service as described above. IN ADDITION, the Motion must state prominently in the upper right hand corner of the first page “Relief Requested Without Hearing.” ALSO, the Proposed Order must include the following language: “This Order shall become final in fourteen (14) days unless a party in interest sooner objects, in which case the matter shall be set for hearing and considered by the Court as if this Order had not been entered.” Examples are attached for your reference.