(a) Effective Date of Original Rules. These rules took effect on December 1, 1959. They govern all proceedings in actions brought after they took effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules took effect would not be feasible or would work injustice, in which event the former procedure applies.
Rule 86.Effective Date
Last amended February 7, 1968 · Last verified July 8, 2026
In one sentenceRule 86 sets the effective dates for the original 1959 rules, the 1987 abrogation of the separate District Court Civil Rules, and any future amendments, while giving courts discretion to apply the former procedure when the new rules would be infeasible or unjust in a pending case.
Full Text of Rule 86
(b) Abrogation of Maine District Court Civil Rules. The Maine District Court Civil Rules were abrogated effective July 1, 1987, and these rules have been amended to govern actions brought in the District Court after that date and also all further proceedings in actions then pending, except as provided in subdivision (c) of this rule.
(c) Effective Date of Amendments. Amendments to these rules will take effect on the day specified in the order adopting them. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when they take effect would not be feasible or would work injustice, in which event the former procedure applies.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Committee's Note — February 7, 1968
Subdivision (b) is added to Rule 86 in order to specify in general terms the extent to which amendments to the rules apply to pending cases. The original rule, which becomes subdivision (a), applied by its terms only to the situation existing on December 1, 1959, and so could at best be applied only by analogy to amendments. The new subdivision makes amendments govern procedure in pending cases to the same extent the original rules governed cases pending on the date when they went into effect.
Rule 86(b) will be generally applicable to all future amendments and appears clearly preferable to the federal practice of either amending F.R.C.P. 86 each time or specifying in the promulgating order the effect of each body of amendments on pending cases. See B & H [Barron & Holtzff] § 1741.
Although the rule is silent on the matter, it would seem that the Supreme Judicial Court could in promulgating particular amendments in the future vary the provisions of Rule 86(b). This it could do either in its promulgating order or by an amendment of Rule 86. It is doubtful that occasion for such variation would often or ever arise.
Reporter's Notes — December 1, 1959
This rule is taken from Federal Rule 86. The second sentence is important. There are bound to be difficulties in the changeover, and the "except" clause gives a broad discretionary power to mold the new procedure to pending actions.
Plain-English Summary
The original Maine Rules of Civil Procedure took effect December 1, 1959, and from that date governed every new action along with all further proceedings in cases already pending — except where applying the new rules to a specific pending case would not be feasible or would work an injustice, in which case the former procedure controls instead. Subdivision (b) marks a second milestone: the separate Maine District Court Civil Rules were abrogated effective July 1, 1987, after which these rules govern District Court actions too, subject to the same pending-case flexibility.
Subdivision (c) applies that same framework going forward to every later amendment: each amendment takes effect on the date specified in the order adopting it, governs actions brought after that date and further proceedings in cases already pending, and yields to the former procedure in a specific pending case only when the court finds applying the amendment would not be feasible or would work an injustice.
Frequently Asked Questions
When did the Maine Rules of Civil Procedure first take effect?
December 1, 1959.
Do new amendments to the civil rules apply to cases already pending?
Generally yes, to all further proceedings in a pending action, unless the court finds that applying a particular amendment to that case would not be feasible or would work an injustice, in which case the former procedure applies instead.
What happened to the separate District Court Civil Rules?
They were abrogated effective July 1, 1987, after which the Maine Rules of Civil Procedure govern District Court actions as well.
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. 86), 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: effective date Maine Rules of Civil ProcedureDistrict Court Civil Rules abrogatedrule amendments and pending cases