Rule 103.Process
Last verified July 8, 2026
Full Text of Rule 103
Advisory Committee’s Notes & Reporter’s Notes
Advisory Notes — June 2008
Rule 103 states that all actions to be commenced by filing a complaint, petition or motion for post-judgment relief must be personally served on the other party or parties except as may be provided in these rules or by statute. In addition, the rule permits the service of a complaint or petition and summons by registered or certified mail with restricted delivery and return receipt as currently provided in Rule 4(f)(2). The process outlined in this rule continues current practice in Family Division actions that requires that a complaint, a petition and a motion for post-judgment relief be personally served to commence an action. This is one important difference between Family Division actions and other civil actions. In other civil actions, motions for post-judgment relief generally need not be personally served but are served in the same manner as other civil motions. Because a motion for post-judgment relief in a Family Division action is a motion to essentially reopen a judgment, and may be filed many years after entry of the original judgment, personal service is required to assure proper notification and attention of the other party. Service is governed by Rule 4.
Plain-English Summary
A Family Division case starts with personal service of the complaint, petition, or post-judgment motion and any required accompanying documents, following the general service-of-process procedure in Rule 4, unless the Family Division rules or a statute says otherwise. Rule 103 also opens an alternative: registered or certified mail with restricted delivery and a return receipt requested, the same mail-service method Rule 4(f)(2) allows. That mailed service works whether the party being served is in Maine or elsewhere, as long as the party remains subject to the court's jurisdiction.
Frequently Asked Questions
How must a Family Division complaint or petition be served in Maine?
Personally, following Rule 4's general service-of-process procedure, unless another Family Division rule or a statute allows a different method.
Can a Family Division party be served by mail instead of in person?
Yes. Rule 103 permits registered or certified mail with restricted delivery and a return receipt requested, the method Rule 4(f)(2) authorizes, whether the party is inside or outside Maine.
Does mail service under Rule 103 work on parties living outside Maine?
It can, provided the party being served remains subject to the Maine court's jurisdiction.