Rule 119.Referees

Last verified July 8, 2026

In one sentenceRule 119 lets the court appoint a referee in a Family Division case only when the parties agree, applying Rule 53's referee procedure once one is appointed.

Full Text of Rule 119

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The court may appoint a referee in any case where the parties agree that the case may be heard by a referee, pursuant to Rule 53.

Advisory Committee’s Notes & Reporter’s Notes

Advisory Notes — June 2008

Rule 119 of the Family Division Rules differs slightly from Rule 53 of the Maine Rules of Civil Procedure. Appointment of a referee is allowed only by the agreement of the parties. When a referee is appointed, practice is governed by Rule 53.

Plain-English Summary

A Family Division court may appoint a referee only when the parties agree that a referee should hear the case; Rule 53 governs the referee's authority and the proceedings once one is appointed. That agreement requirement is the one place Rule 119 departs from ordinary civil practice under Rule 53, where the court can appoint a referee without the parties' consent in some circumstances.

Frequently Asked Questions

Can a Maine Family Division court appoint a referee without the parties' agreement?

No. Rule 119 permits a referee only when the parties agree that the case may be heard by one.

What rule governs a referee once one is appointed in a Family Division case?

Rule 53, the same rule that governs referees in ordinary civil actions.

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. 119), 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: referee family division Maineagreed referee family court case