(a) Caption; Names of Parties. Every pleading shall contain a caption setting forth the name of the court, the county in the Superior Court, the location of the District Court, the title of the action, the docket number, and a designation as in Rule 7(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Each pleading shall be dated. If a pleading contains a claim or defense involving title to real estate, the words “TITLE TO REAL ESTATE IS INVOLVED” shall be included directly beneath the designation of the pleading.
Rule 10.Form of Pleadings
Last amended May 1, 2000 · Last verified July 8, 2026
In one sentenceRule 10 sets the mechanical requirements for every Maine pleading — the caption identifying the court, county, parties, and docket number, numbered paragraphs limited to a single set of facts, and the ability to adopt earlier statements or attach exhibits by reference.
Full Text of Rule 10
(b) Paragraphs; Separate Statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
(c) Adoption by Reference; Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Committee’s Notes — May 1, 2000
In subdivision (a) the dating requirement is changed from referencing the complaint to referencing each pleading. Subdivision (d), adopted by the MEJIS rules is eliminated because in substance it is moved to Rule 5(h).
Advisory Committee’s Notes — June 2, 1997
Rule 10(a) is amended to require that the caption identify the location rather than the division of the District Court in which the action is filed. Few litigants are aware of the locations of the District Courts by division, as opposed to the city or town in which the court is located. This amendment promotes a clear understanding of the location at which filings are to be made and hearings are to be attended. Thus, the amended rule is satisfied, for example, by substituting “Portland” for “Division of Southern Cumberland” in the caption.
Advisory Committee’s Notes
Rule 10(a) is amended to implement P.L. 1991, ch. 125, which enacted 14 M.R.S.A. § 2401(2), effective January 1, 1992, requiring clerks to identify cases affecting title to real estate on the docket. A reference to the amended rule is incorporated in the instructions to the Caption section of the Appendix of Forms by simultaneous amendment.
The amendment places the burden for identifying real estate cases on the attorneys filing the pleadings. The rule applies to any pleading asserting a claim or defense in which title is involved. The statute provides that such cases include but are not limited to partition actions, boundary and access disputes, insolvency proceedings, mortgage foreclosures, declaratory judgment actions, actions commenced by attachment, actions to enforce mechanics’ liens, dissolutions, and actions to acquire title. Many divorce actions will also be included. A failure to comply with this provision is curable by amendment and does not affect the validity of a judgment obtained in the action.
Advisory Committee Notes — December 1, 1959
Rule 10(a) was amended November 2, 1959, effective December 1, 1959, to assure that the complaint be dated, in view of the references in Rules 4A(c) and 4B(c) to the date of the complaint.
Reporter's Notes — December 1, 1959
This Rule is substantially the same as Federal Rule 10.
Plain-English Summary
Rule 10 covers the housekeeping every pleading needs to get right. The caption must show the court, the county for Superior Court matters or the location for District Court matters, the title of the action, and the docket number; a complaint must list every party by name, while later pleadings can shorten that to the first party on each side. Any pleading that puts title to real estate at issue must say so directly beneath the caption, in capital letters.
Subdivision (b) requires numbered paragraphs, each limited as far as practicable to a single set of circumstances, so that later pleadings and arguments can refer back to a specific paragraph by number. Subdivision (c) lets a party adopt a statement from elsewhere in the same pleading, from another pleading, or from a motion, by reference alone, and makes clear that a written instrument attached as an exhibit becomes part of the pleading for every purpose.
Frequently Asked Questions
What must a Maine pleading's caption include?
The name of the court, the county (Superior Court) or location (District Court), the title of the action, and the docket number; a complaint must also name every party.
What has to happen if a case involves title to real estate?
The words “TITLE TO REAL ESTATE IS INVOLVED” must appear directly beneath the caption on any pleading raising a claim or defense involving title.
Can a pleading refer to an exhibit instead of repeating its contents?
Yes. Under subdivision (c), a written instrument attached as an exhibit to a pleading becomes part of that pleading for all purposes, and statements can be adopted by reference from elsewhere in the same or another pleading.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 10), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: form of pleadingscaption requirementsnumbered paragraphstitle to real estate involved