When the Maine Constitution or the United States Constitution provides a right to a trial by jury in any action or on any issue in an action brought pursuant to this chapter, that action or issue may be removed to the Superior Court for jury trial. When such a removal is authorized, the removal shall be governed by Rule 76C, provided that once the constitutional action or issue is resolved by verdict of the jury, the matter shall be remanded to the District Court for such further proceedings as are authorized or required by this chapter.
Rule 124.Removal to Superior Court
Last verified July 8, 2026
In one sentenceRule 124 lets a party remove to the Superior Court, under Rule 76C, any action or issue in a Family Division case that carries a constitutional right to jury trial, and sends the matter back to the District Court once the jury resolves that issue.
Full Text of Rule 124
Advisory Committee’s Notes & Reporter’s Notes
Advisory Notes — June 2008
As a result of court unification, the District Court has exclusive jurisdiction of Family Division actions. Cases in categories such as divorce, separate support, and paternity may no longer be removed, as a matter of right, to the Superior Court. The rule does not, however, impose an absolute prohibition on removal. It leaves the possibility of removal, but only in those cases where there may be a right to jury trial of all or a portion of a Family Division action. The rule also provides that once the matter as to which there is a constitutional jury trial right is resolved by verdict of the jury, the matter is to be remanded to the District Court for further proceedings as authorized by these rules. See Rule 100.
Plain-English Summary
When the Maine or United States Constitution guarantees a right to a jury trial on an action or issue brought under the Family Division rules, that action or issue may be removed to the Superior Court for a jury trial, following Rule 76C's removal procedure. Once the jury reaches a verdict on the constitutional issue, the case goes back to the District Court for whatever further proceedings the Family Division rules authorize or require.
Frequently Asked Questions
Can a Family Division case go before a jury in Maine?
Only the action or issue that carries a constitutional right to jury trial, removed to the Superior Court under Rule 76C.
What happens after the Superior Court jury reaches a verdict?
The case returns to the District Court for whatever further proceedings the Family Division rules authorize or require.
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. 124), 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: jury trial family division Maineremoval to superior court divorce case