Rule 41 shall govern practice under this chapter regarding dismissal of actions, except that all dismissals shall be without prejudice unless the court specifically indicates that a dismissal is with prejudice and precludes further litigation of the same issue. Any new action addressing issues similar to a dismissed action shall be subject to appropriate counterclaims and defenses.
Rule 116.Dismissal of Actions
Last verified July 8, 2026
In one sentenceRule 116 applies Rule 41's dismissal procedure to Family Division actions, but presumes every dismissal is without prejudice unless the court says otherwise, and allows a new action on similar issues subject to whatever counterclaims and defenses would apply.
Full Text of Rule 116
Advisory Committee’s Notes & Reporter’s Notes
Advisory Notes — June 2008
Rule 116 incorporates Rule 41 relating to dismissals with a special provision under the Family Division Rules. That provision allows filing of another action to address similar issues subject to appropriate counterclaims and defenses following the dismissal of a prior action that is not a final judgment on the merits. Thus, when a divorce action is filed but dismissed without a final judgment, that dismissal does not preclude a subsequent divorce action from being filed, heard, and decided on the merits. The same non-preclusive effect of a dismissal would apply to other Family Division actions unless the court, in entering the dismissal, specially indicated that the dismissal was with prejudice, precluding further litigation of the same issues.
Plain-English Summary
Rule 41 governs dismissals of Family Division actions, with one change: every dismissal is without prejudice unless the court specifically says the dismissal is with prejudice and bars further litigation of the same issue. A party may file a new action addressing issues like those in a dismissed case, subject to the counterclaims and defenses that would ordinarily apply.
Frequently Asked Questions
Are Family Division dismissals in Maine with or without prejudice?
Without prejudice by default; a dismissal is with prejudice only if the court specifically says so.
Can a new case be filed after a Family Division dismissal on similar issues?
Yes, subject to whatever counterclaims and defenses would ordinarily apply to that new action.
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. 116), 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: dismissal without prejudice family court Mainerefiling after dismissal Family Division