(a) Trial Process. A judge, or a magistrate where authorized, shall preside over the trials of all issues presented for decision in accordance with this chapter and the child support guidelines. The Maine Rules of Evidence shall govern trials, except that where a witness is presented as an expert on any issue, the court may, in its discretion, allow or require that a written report of the expert be offered in lieu of all or a portion of that individual’s direct testimony. However, the expert must be available for cross- examination and questioning by the court and for any redirect examination on issues that are fairly raised in the cross-examination or questioning by the court. The proponent of the report shall request a prehearing conference before the trial to address all issues surrounding use of the expert’s report, when the court has not previously addressed those issues.
Rule 114.Trial
Adopted July 1, 2016 · Last verified July 8, 2026
In one sentenceRule 114 puts a judge, or an authorized magistrate, in charge of trials under the Family Division rules, applies the Maine Rules of Evidence while allowing written expert reports in place of some direct testimony, and sets out when a magistrate may enter final orders, on child support always, on other matters by agreement or when unopposed, and on fully contested cases when every party consents and the hearing is likely to finish within three hours.
Full Text of Rule 114
(b) Final Orders by Family Law Magistrates.
(1) Child Support. A magistrate may enter final orders relating to child support, including orders to establish, modify or enforce child support obligations, whether or not the matter is contested.
(2) Other Matters. A magistrate may enter final judgments or orders on other issues by agreement of the parties or when the matter is unopposed. A magistrate may review and approve or reject a settlement agreement. When rejecting a settlement agreement, a magistrate may refer the parties to mediation or direct them to proceed to a case management conference or trial before a judge.
(3) Final Contested Matters. When all parties consent, a magistrate is authorized to hear and to dispose of all elements of a Family Division matter, except adoptions, provided that the Magistrate determines that it is reasonably likely that the hearing can be completed within 3 hours.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note - July 2016
The amendment adds Rule 114(b)(3), which reflects a suggestion contained in the FDTF 2014 report. See also the July 2016 Advisory Note to Rule 107.
Advisory Note — June 2008
Rule 114 is based on Rule 39 and FAM DIV III.E.&F. but limited to Family Division cases and recognizing the ability of both the court and magistrates, with appropriate authorization, to try Family Division cases. Subdivision (a) incorporates by reference the child support guidelines as a matter for trial decision-making. Subdivision (a) also makes one adjustment in current practice to recognize an issue that frequently recurs in Family Division cases. It states that the Maine Rules of Evidence govern trial proceedings. However, the rule also allows trial courts, if they wish to do so, to require that where expert witnesses are presented, reports of the expert witness be presented in lieu of direct testimony. The expert witness still must be available for cross-examination, questioning by the court, and limited redirect examination to issues brought up on cross-examination and not adequately addressed in the report. The purpose of this provision is to aid courts in better understanding expert presentations by having the expert’s written report available to read, rather than being forced to take notes as the expert’s report is given through direct examination. This alternative approach, in non-jury cases, improves both the efficiency of the proceeding and the court’s understanding of the testimony and reflects an informal practice that is used today in some courts. The amendment requires the parties and the court to address this issue before the hearing.
Subdivision (b) addresses final orders that may be issued by Family Law Magistrates. It is based on FAM DIV III.F. It also recognizes that there is a pilot project permitting Family Law Magistrates to hear contested final hearings with the consent of the parties. Last reviewed and edited January 10, 2023 Effective February 15, 2023
Plain-English Summary
A judge, or a magistrate where the rules authorize it, presides over trials under the Family Division rules and the child support guidelines, applying the Maine Rules of Evidence. When a witness testifies as an expert, the court may allow or require a written report to substitute for some or all of that witness's direct testimony, so long as the expert remains available for cross-examination, questioning by the court, and any redirect on issues the report raises.
A magistrate may enter final orders establishing, modifying, or enforcing child support, contested or not. On other issues, a magistrate may enter final judgments or orders by the parties' agreement or when a matter is unopposed, and may review, approve, or reject a settlement agreement, referring the parties to mediation or to a case management conference or trial before a judge if the magistrate rejects it. When every party consents, and the magistrate determines the hearing can likely finish within three hours, a magistrate may hear and decide every element of a Family Division matter except an adoption.
Frequently Asked Questions
Who presides over a Family Division trial in Maine?
A judge, or a magistrate where these rules authorize it, applying the Maine Rules of Evidence and the child support guidelines.
Can expert testimony be submitted in writing instead of live at a Family Division trial?
The court may allow or require a written expert report in place of some or all direct testimony, as long as the expert stays available for cross-examination and questioning by the court.
When can a magistrate decide a fully contested Family Division case?
When all parties consent and the magistrate determines the hearing is likely to finish within three hours, for any matter except an adoption.
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. 114), 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: family division trial Mainemagistrate final order authorityexpert report in lieu of testimony Maine