The Maine motion to dismiss: twenty days to answer, ten after a denial
Maine procedure · Last verified August 17, 2026
Maine's Rule 12 keeps the older federal wording and a short calendar: 20 days to answer, 10 days after a denial.
The deadlines
| Event | Time |
|---|---|
| Answer a complaint | 20 days from service |
| After a denied motion, or a deferral to trial | 10 days |
| After a granted more-definite-statement motion | 10 days |
The seven defenses
Me. R. Civ. P. 12(b):
the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; (5) insufficiency of service of process; (6) failure to state a cl
The classic seven, with venue at (3).
Where this connects
Maine's default rules are unusually protective in consumer cases: the clerk may not enter a default or a default judgment in a foreclosure, a debt-buyer collection action, or a credit card or student loan collection action, and no default judgment may be entered in those categories except after court review for strict compliance. See setting aside a Maine default judgment.
For the answer itself, see responding to a Maine complaint.
How Maine compares
| Maine | New Hampshire | Vermont | Federal | |
|---|---|---|---|---|
| Time to answer | 20 days | — | 21 days | 21 days |
| After a denied motion | 10 days | — | 14 days | 14 days |
| Enumerated grounds | seven | not enumerated | seven | seven |
| Venue inside the rule | yes | — | yes | yes |
A short checklist
- Diarise 20 days from service.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion. Joining waives nothing.
- Plan for 10 days to answer if the motion is denied.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- Me. R. Civ. P. 8 — General Rules of Pleading
- Me. R. Civ. P. 12 — Defenses and Objections
- Me. R. Civ. P. 15 — Amended and Supplemental Pleadings
- Me. R. Civ. P. 56 — Summary Judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 12(b)(6) is developed in case law this site doesn't cover.