If, after proper notice and without good cause, a party fails to appear at a case management, pretrial or status conference, mediation or a hearing, the court may take appropriate action, including but not limited to, issuing an interim, status conference or pretrial order, or a default or a default judgment as provided in Rule 117. If, after proper notice and without good cause, the moving party fails to appear at a case management, pretrial or status conference, mediation or a hearing, the moving party’s complaint, motion or other pleading may be dismissed by the court with or without prejudice. Costs may be awarded as allowed by these rules, as well as the cost of mediation, and reasonable attorney fees.
Rule 109.Failure to Appear; Sanctions
Adopted July 1, 2016 · Last verified July 8, 2026
In one sentenceRule 109 lets the court respond to an unexcused failure to appear at a scheduled conference, mediation, or hearing with an interim or status order, a default or default judgment under Rule 117, or, if the absent party is the one who filed the case, dismissal of that party's pleading with or without prejudice, along with costs, mediation expenses, and attorney fees.
Full Text of Rule 109
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note - July 2016
The placement of the words “without good cause” was altered in an attempt to improve the readability of the rule.
Advisory Notes — June 2008
Rule 109 outlines the actions a court may take if a party fails to appear at a proceeding. It follows FAM DIV III.H.1. The rule refers to Rule 117 regarding default judgments.
Plain-English Summary
If a party misses a case management, pretrial, or status conference, mediation, or hearing without good cause and after proper notice, the court can respond with an interim order, a status-conference or pretrial order, or a default or default judgment under Rule 117. If the absent party is the one who filed the complaint, motion, or other pleading, the court can dismiss that filing, with or without prejudice. Either way, the court can award costs, mediation expenses, and reasonable attorney fees.
Frequently Asked Questions
What can a Maine Family Division court do if a party misses a hearing?
Enter an interim, status, or pretrial order, or a default or default judgment under Rule 117, and award costs, mediation expenses, and attorney fees, as long as notice was proper and the absence lacked good cause.
Can a case be dismissed for a party's failure to appear?
Yes, if the absent party is the one who filed the complaint, motion, or pleading; the court may dismiss it with or without prejudice.
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. 109), 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: failure to appear family court Mainedefault for missing hearing Mainesanctions Family Division conference