Summary
The Maine Supreme Judicial Court held that a Rule 59(a) motion seeking to reopen evidence in a matter involving only child support is exempt from the post-judgment filing fee under Maine Administrative Order JB-05-26. The Court vacated the District Court’s order striking Mary T. Davies’s motion for failure to pay the fee and remanded with instructions to restore the motion to the docket as of its original filing date.
Holdings
- The administrative order exempts from the post-judgment filing fee a Rule 59 motion whose purpose is to address the modification or enforcement of child support. Because Mary's motion sought to reopen evidence concerning the child-support modification, she was not required to pay a filing fee.
Questions Presented
- Whether Revised Court Fees Schedule and Document Management Procedures, Me. Admin. Order JB-05-26, requires a filing fee for a Rule 59(a) motion filed in a proceeding concerning only the modification or enforcement of child support.
Disposition
vacated
Cases Cited (7)
- U.S. Bank Tr., N.A. v. Keefe, 2020 ME 104, ¶ 6, 237 A.3d 904(followed)
- Higgins v. Wood, 2018 ME 88, ¶ 58, 189 A.3d 724(followed)
- Dickau v. Vt. Mut. Ins., 2014 ME 158, ¶ 21, 107 A.3d 621(followed)
- Russell v. ExpressJet Airlines, Inc., 2011 ME 123, ¶ 16, 32 A.3d 1030(followed)
- State v. Dubois Livestock, Inc., 2017 ME 223, ¶ 8, 174 A.3d 308(followed)
- Cent. Me. Power Co. v. Devereux Marine, Inc., 2013 ME 37, ¶ 15, 68 A.3d 1262(followed)
- Cobb v. Bd. of Counseling Pros. Licensure, 2006 ME 48, ¶ 20, 896 A.2d 271(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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