(a) Motion Hearings. Unless otherwise ordered by the court, motions that do not require testimonial evidence shall be considered and decided by the court, without hearing or oral argument, based on the motion filings, the pleadings, admissible appropriate record evidence, the court’s file, and memoranda.
Rule 134.Motion Practice
Adopted November 1, 2020 · Last verified July 8, 2026
In one sentenceRule 134 has the BCD court decide non-testimonial motions on the papers without a hearing unless it orders otherwise, requires 14 days' notice before filing a summary judgment motion so the court can convene a pre-filing conference on its parameters, and lets truly unopposed deadline-enlargement motions proceed on a proposed order alone, subject to Rule 11's certification requirement.
Full Text of Rule 134
(b) Summary Judgment Pre-filing Conference. Unless otherwise ordered by the court, any party proposing to move for summary judgment on any claim or issue shall notify the court of the intent to file the motion at least 14 days before the filing of the proposed motion. If a summary judgment pre-filing conference was not scheduled pursuant to Rule 132(b), the court may schedule an in person or telephonic conference of counsel to discuss the proposed motion’s parameters, including, but not limited to: the issue or claim to be addressed by the motion; the length of the statement of material facts and legal memoranda to be filed; possible stipulations to uncontested facts; the timing of the motion, opposition, and reply; and any other matter relevant to secure the just and speedy determination of the motion.
(c) Unopposed Motions for Enlargement of Deadlines. Unopposed motions pursuant to Rule 6(b)(1) that (a) do not expand the time for filing a jury trial demand or the completion of discovery, and (b) do not alter the dispositive motion deadline or the scheduled trial date, may be presented to the court through a proposed order only. The proposed order shall state that all parties are aware of and do not oppose entry of the order. The presentation of an unopposed motion for the enlargement of deadlines does not mandate corresponding approval by the court. Transmittal of the proposed order by an attorney or party constitutes a representation, subject to Rule 11, that all parties are aware of and do not oppose entry of the order.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note – November 2020
Due to the adoption of the Maine Rules of Electronic Court Systems and the institution of the EFS, the provisions in Rule 134(b) and (c) regarding electronic transmittal have been removed. Last reviewed and edited June 24, 2014 Effective September 1, 2014
Plain-English Summary
Unless the court orders otherwise, motions that don't need testimonial evidence are decided without a hearing or oral argument, based on the motion papers, the pleadings, admissible record evidence, the court file, and any memoranda. A party planning to move for summary judgment on a claim or issue must notify the court of that intent at least 14 days before filing, unless the court orders otherwise; if a summary judgment pre-filing conference wasn't already scheduled under Rule 132(b), the court may convene one, in person or by phone, to discuss the motion's scope, including the issue or claim it will address, the length of the statement of material facts and legal memoranda, possible stipulations to undisputed facts, and the timing of the motion, opposition, and reply.
An unopposed motion under Rule 6(b)(1) to enlarge a deadline may go to the court as a proposed order alone, without a separate motion, as long as it doesn't extend the jury-demand or discovery deadlines and doesn't alter the dispositive-motion deadline or trial date; the proposed order must state that every party is aware of it and doesn't oppose it. Submitting the proposed order doesn't obligate the court to approve it, and transmitting it represents, under Rule 11, that every party is aware of and doesn't oppose the order.
Frequently Asked Questions
Does the BCD hold hearings on every motion?
No. Motions that don't require testimonial evidence are decided on the papers without a hearing, unless the court orders otherwise.
How much notice must a party give before filing a summary judgment motion on the BCD?
At least 14 days, unless the court orders otherwise, so the court can convene a pre-filing conference on the motion's scope if one hasn't already been scheduled.
Can an unopposed motion to extend a deadline skip a full motion filing?
Yes, if it doesn't touch the jury-demand or discovery deadline and doesn't alter the dispositive-motion deadline or trial date; it can go to the court as a proposed order alone, certified under Rule 11.
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. 134), 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: BCD motion practice Mainesummary judgment pre-filing conferenceunopposed motion enlarge deadline Maine