Rule 118.Final Orders of Family Law Magistrates; Judicial Review
Adopted July 1, 2016 · Last verified July 8, 2026
Full Text of Rule 118
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note - July 2016
The change to Rule 118(a) was made to improve the readability of the rule.
Advisory Notes — June 2008
Rule 118 incorporates, with only technical amendments, FAM DIV.III.G.2-4 addressing final judgments and orders that may be issued by magistrates and provisions for judicial review and appeal of those final judgments and orders.
Plain-English Summary
A party who wants to challenge a Family Law Magistrate's final judgment or order must file an objection in the District Court within 21 days after entry. Without a timely objection, the parties waive their right to object or appeal, and the magistrate's order becomes the judgment of the court, carrying the same effect as a judgment a District Court judge signs. The objection must state the specific grounds for rejecting or modifying the order; a court can dismiss with prejudice an objection that doesn't, but not merely because it's labeled a motion, appeal, or notice of appeal instead of an objection. Once an objection is filed, a judge reviews the record the magistrate built, with or without a hearing, and may adopt, modify, or reject the order, set the matter for further hearing before a judge or magistrate, or send it back to the magistrate with instructions. A magistrate's final order on parental rights and responsibilities, residency, child support, separate support, or personal liberty takes effect when signed and stays in effect until a judge modifies or rejects it. Every written final order from a magistrate must state the parties' right to object and the consequences of not objecting.
An appeal from a judgment entered after an objection follows the Maine Rules of Appellate Procedure; no appeal is available from a magistrate's final order if no timely objection was filed. Parties may waive their right to object and ask for immediate confirmation of the magistrate's order, and may also waive their right to appeal.
Frequently Asked Questions
How long does a party have to object to a Family Law Magistrate's order in Maine?
21 days after entry. Without a timely objection, the magistrate's order becomes the judgment of the court and can't be appealed.
What must an objection to a magistrate's order state?
The specific grounds for rejecting or modifying the order; an objection that doesn't can be dismissed with prejudice, though mislabeling it as a motion or notice of appeal isn't itself grounds for dismissal.
What can a judge do after reviewing an objection to a magistrate's order?
Adopt, modify, or reject the order, schedule further hearing before a judge or magistrate, or send the matter back to the magistrate with instructions.