Maine Practice Materials with helpful tips
Compiled by the staff of Cleaves Law Library
Last revised 4/7/08
Note: this guide does not include every Maine or Federal legal resource but provides some of the most useful titles and internet links.
Each topic is divided into hardcopy and online resources.
Case Law -- State
Case Law -- Federal
Citators
Constitution
Court Administrative Orders
Court Fees
Court Rules -- State
Court Rules -- Federal
Digests
Forms
Law Enforcement Organizations -- Maine
Legislative History -- State
Legislative History -- Federal
Libraries -- General
Libraries -- Law
Municipal Codes
Periodicals/Law Reviews
Regulations -- State
Regulations -- Federal
Statutes -- State
Statutes -- Federal
Treatises and Other Resources
Case Law -- State
HARDCOPY
a. Maine Supreme Judicial Court sitting as the Law Court
Maine Reports, vols. 1-161 (1820-1965) out-of-print
Maine Reporter, beginning with vol. 215 A.2d, 1966 to date, Thompson West Pub.
b. Maine Supreme Judicial Court -- Opinions of the Justices (advisory opinions; Constitution of Maine, Article VI, Section 3)
TIP: All Opinions of the Justices are published in the Maine Reports and Maine Reporter. Westlaw.com has a complete set online. Lexis.com has a scattered collection online.
Also Recent Opinions of the Justices are posted on the Judicial Department website -- scroll down to the bottom
c. Superior Court
Garbrecht Law Library at the University of Maine School of Law has the Maine Superior Court decisions in hardcopy from 1979 to date, with an index.
TIP: Only select Maine Superior Court decisions are distributed to specific public and commercial vendors. All decisions can be obtained from the Clerks of the Superior Courts, or try the appendices of Law Court briefs which frequently include these trial court decisions.
c. District Court
No opinions are available online.
All decisions can be obtained from the Clerks of the District Courts.
ONLINE
a. Supreme Court sitting as the Law Court
Law Court Court Slip Decisions (official); 1997- date from the Judicial Branch website.
* Commercial online access to the Maine Supreme Court decisions is available on westlaw.com and lexis.com, available free at Cleaves; printing charges apply.
Maine Supreme Judicial Court (Law Court) Memoranda of Decision, full-text, 1997 to date from the Cleaves website.
TIP: Memorandum Decisions and Summary Orders are not published in the Atlantic Reporter and should not be cited as precedent.
b. Superior Court
Maine Superior Court decisions -- free access from January 2000 to date from the Garbrecht Law Library website
* Commercial online access is available on westlaw.com and lexis.com, available free at Cleaves printing charges apply.
TIP: Coverage of the Maine Superior Court decisions online varies greatly. Lexis.com has coverage from 1979 to date. Westlaw.com has coverage from 2000 to date. Both companies are slow to post recent decisions, so check both databases. The Law School takes several weeks to post the Superior Court decisions, also. For faster access, contact Goss Data Services for a subscription, or Cleaves for specific decisions. Goss Data provides Cleaves a free weekly subscription to the Superior Court decisions.
c. District Court
No opinions are available online.
Case Law -- Federal
HARDCOPY
a. U.S. Supreme Court
U.S. Reports (official), cases from 1790 to date, U.S. Government Printing Office.
Supreme Court Reporter, 1790 to 1988, West Pub. Renamed West's Supreme Court Reporter from 1988 to date.
U.S. Reports, L.E.d, cases from 1790 to 1912; 2d series from 1935 to date. Lawyers Cooperative Pub. (now Lexis).
b. U.S. First Circuit Court of Appeals
Federal Reporter, 1st (1880 to 1925), 2nd (1927 to 1988) and 3rd (1993 to date). Thompson West Pub.
West's Federal Appendix,cases 2001 to date. Thompson West Pub.
TIP: The F. App. This title covers opinions and decisions issued by the U.S. Courts of Appeal that are not selected for publication in the Federal Reporter, which used to mean they were "unpublished". These cases are available on Westlaw, and Lexis has its own version of unpublished federal decisions. Many many libraries do not have this set in hardcopy.
c. U.S. District Court for the District of Maine
Federal Supplement, 1st (1933 to 1998), 2nd (1999 to date). Thompson West Pub.
TIP: Select decisions of the U.S. Magistrate Judges are published in the Federal Supplement.
d. Miscellaneous Court Decisions
Federal Rules Decisions, 1941 to date. Opinions, decisions and rulings involving the Federal rules of civil procedure and Federal rules of criminal procedure. Thompson West Pub.
TIP: The F.R.D. includes federal rules amendments with notes, advisory committee reports, panel discussion reports, judicial conference reports, and other important resources for rules history and federal practice generally.
United States Claims Court Reporter, v.1-26(1983-1992); Federal Claims Reporter, v.27(1992 to date); Cases decided in the United States Claims Court (later renamed United States Court of Federal Claims) and decisions of the United States Court of Appeals, Federal Circuit and Supreme Court of the United States in review. Thompson West Pub.
e. U.S. Bankruptcy Court for the District of Maine
West's Bankruptcy Reporter, 1980 to date. Bankruptcy cases decided in United States Bankruptcy Courts, United States District Courts, United States Courts of Appeals, Supreme Court of the United States. Thompson West Pub.
ONLINE
a. U.S. Supreme Court
U.S. Supreme Court Decisions or U.S. Supreme Court -- Cornell University gateway
* Commercial online access is available on westlaw.com and lexis.com, available free at Cleaves; printing charges apply.
b. U.S. First Circuit Court of Appeals
First Circuit Court of Appeals, cases 2000 to date or
First Circuit Court of Appeals -- Emory University; from November 1995 to date
* Commercial online access is available on westlaw.com and lexis.com, available free at Cleaves; printing charges apply.
c. U.S. District Court for the District of Maine
U.S. District Court for the District of Maine, 1996 to date. "Search" site entry page.
* Commercial online access is available on westlaw.com and lexis.com, available free at Cleaves; printing charges apply.
e. U.S. Bankruptcy Court for the District of Maine
U.S. Bankruptcy Court Opinions for the District of Maine, go to "Judge's Corner" under the General Info section on the left bar)
* Commercial online access is available on westlaw.com and lexis.com, available free at Cleaves; printing charges apply.
U.S. Bankruptcy Appellate Panel for the First Circuit
d. Miscellaneous Court Decisions
U.S. Court of Appeals for the Armed Forces
U.S. Court for Veterans Claims (site includes index, decisions, orders and other information
Citators
HARDCOPY
Shepard's Maine Citations. Lexis Pub., updated quarterly
TIP: The hardcopy Shepard's Citations books includes uncodifed Laws of Maine including Private and Special Laws and Resolves. The superceded 1989 hardcopy Maine Shepard's includes select municipal ordinances, but this feature has been discontinued in the new edition. You can't do these specials searches using the online Shepard's version.
ONLINE
Online cite checking is available from Keycite on westlaw.com and Shepards on lexis.com and free at Cleaves; printing charges apply.
TIP: Shepard's citations are collected by human beings who read the decisions. Keycite citations are culled from a software program. Both databases have advantages and disadvantages. To be thorough and avoid embarrassing mistakes, check your work in both Shepard's and Keycite. Sometimes the results are very different!
Constitution
ONLINE
Constitution of the State of Maine
Constitution of the United States of America, different sources, analysis, etc. from the Law Library of Congress
Court Administrative Orders
Administrative Orders of the Maine Supreme Judicial Court, the Superior Court, the District Court, and the Administrative Office of the Courts
Administrative Orders of U.S. Supreme Court
Court Fees
State
Maine Court Fees Schedule and Document Management Procedures.
Federal
a. U.S. Supreme Court
Supreme Court Case Handling Guides, including fees
b. U.S. First Circuit Court of Appeals
Schedule of Fees
c. U.S. District Court for the District of Maine
Fees
TIP: Go to the Court's website for more fees including per diem rates, witness mileage rates and post judgment interest rates.
d. U.S. Bankruptcy Court for the District of Maine
Fees
Court Rules -- State
HARDCOPY
Maine Rules of Court – State, annual softbound with updates; Thompson West Pub.
Maine Court Rules - State Edition, Official Publication of the Maine Judicial Branch, Edited by Tower Pub.; annual softbound.
ONLINE
Maine Bar Admission Rules
Maine Bar Rules
Maine Code of Judicial Conduct
Maine Rules of Appellate Procedure
Maine Rules of Civil Procedure with Advisory Committee notes.
Maine Rules of the Committee on Judicial Responsibility and Disability
Maine Rules of Criminal Procedure, with advisory committee notes
Maine Rules of Evidence, with Advisory Notes.
Maine Rules of Evidence.
Maine Rules for the Family Division of the Maine District Court
Maine Rules for Guardian Ad Litem
Maine Rules for Lawyers’ Fund for Client Protection
Maine Rules for the Maine Assistance Programs for Lawyers
Maine Rules of Probate Procedure
Maine Rules of Small Claims Procedure
TIP: Check here for recent updates on the Court's website
and to receive e-mail notifications whenever this page is updated, go to the "Watch This Page" and follow directions to receive e-mail notifications whenever this page is updated. You can also choose any and all other pages on the Judicial Branch website. TIP #2: One of the benefits of a Cleaves membership is our listserv that alerts you to rules changes and other important court notices.
Court Rules -- Federal
HARDCOPY
Maine Rules of Court – Federal, annual softbound with updates; Thompson West Pub.
Maine Court Rules - Federal Edition, Tower Pub.; annual softbound.
ONLINE
U.S. Supreme Court Rules
Federal First Circuit Court of Appeals Rules
Federal District Court for the District of Maine Local Rules
U.S. Bankruptcy Court -- District of Maine Local Rules
Digests
HARDCOPY -- State
Maine Key Number Digest, Thompson West Pub.; updated semi-annually.
TIP: Maine Key Number searching online is available free at Cleaves on westlaw.com
The Maine Digest; a digest of the reports of cases decided by the Supreme Judicial Court of Maine,, from 1 to 113 Maine reports, inclusive, by Fred F. Lawrence,
Little, Brown, 1916; continued by The Maine digest : a digest of the reports of cases decided by the Supreme Judicial Court of Maine from 114 to 146 Maine Reports, prepared under legislative order by the Office of the Attorney General, 1952.
Digest of the decisions of the Supreme Judicial Court, of the State of Maine, contained in Greenleaf's, Fairfield's, Appleton's, and Shepley's reports; and comprising twenty-six volumes of the Maine reports. [1820-1847] By Philip Eastman.
An index-digest of the reports of cases decided by the Supreme Judicial Court of Maine, volumes 1 to 88, Maine reports inclusive. [1820-1896] By Albert R. Savage.
Digest of the decisions of the Supreme Judicial Court, of the State of Maine, contained in volumes twenty-seven to forty-three, 1847-1857; by Wm. Wirt Virgin.
TIP: These old Maine digests are useful when you're researching legal terms and concepts that may be a bit archaic. Also, the digesting of older cases in these titles is sometimes superior to the Maine Digest published by Thompson West.
Maine Superior Court Digest, April 1986 to 2004, published by Maine Lawyers Review.
HARDCOPY -- Federal
Federal Practice Digest, 1st, 2nd, 3rd and 4th series., Thompson West Pub.
TIP: The Federal Practice Digest searching online is available free at Cleaves on westlaw.com; printing charges apply.
Forms
HARDCOPY -- State
Cowan, Casper F. Maine Real Estate Law and Practice. St. Paul, MN: West Group. This treatise includes some forms.
Creteau, Paul G. Maine Real Estate Law. Portland, ME: Castle Pub., 1969, revised through the 106th Legislature, 1975. This treatise includes some forms.
Cluchey, David P. and Michael D. Seitzinger. Maine Criminal Practice. Charlottesville, VA: Lexis Law Publishers. This treatise includes some forms. Last updated in 1995.
Maine Probate Forms, rev. ed., Lexis Law Publishing.
Mitchell, James E. and Philip C. Hunt. Maine Probate Procedure. Charlottesville, VA: Lexis Law Publishers, updated yearly
Prescott, Dana E. Maine Family Law Forms, 3rd ed. Charlottesville, VA: Lexis Law Publishers.
Spanogle, John A. Maine Practice: Uniform Commercial Code Forms Annotated St. Paul, MN: West Publishing Co., 1966 with a 1974 pocket part.
Sullivan, Francis W. Maine Civil Officer with Forms. Boston: Boston Law Book Cp., 1950.
ONLINE -- State
Maine Court Forms online: (Civil and Family Matters, Money Judgments (MJ), Protection from Abuse (PA), Protective Custody, and Small Claims, Business Court. Click on the form type and the individual forms are expanded underneath.
Pine Tree Legal's forms for the most common types of Family Law cases and motions, Protection from Abuse, Protection from Harassment cases and Small Claims cases
HARDCOPY -- Federal
Bender's Federal Practice Froms, Lexis/Matthew Bender Pub.
TIP: There are several excellent sets of commercially published federal forms. This is the one Cleaves owns.
ONLINE -- Federal
U.S. District Court for the District of Maine -- Forms
Law Enforcement Organizations -- Maine
Maine Sheriff's offices, police departments and other law enforcement agencies
TIP: The Maine Bar Directory, published by Tower Publishing also has a list of Sheriff's Departments.
Legislative History -- Maine State
Cleaves has hundreds of completed, compiled Maine Legislative histories. Please ask for details by emailing info@cleaves.org
Self Help Guide to Compiling a Maine Legislative History from the State Law and Legislative Law Library
TIP: The largest collection of Maine State legislative history documents in Maine is at the State Law and Legislative Reference Library in Augusta, Tel: 207-289-1600, or Email The staff provides excellent assistance with these searches. Cleaves has the second largest collection in the state, and we are happy to assist you, also.
Silsby, Samuel S., Jr., History of Statutory Law in the State of Maine. reprinted in Volume 1 M.R.S.A. pg. 1.
Legislative History -- Federal
Compiling a Federal Legislative History from the Gallagher Law Library of the University of Washington School of Law
TIP: The largest collection of federal legislative history documents in Maine is at the Garbrecht Law Library, Tel: 207-780-4351. The staff provides excellent assistance with these searches.
Libraries -- General
GoGetIt: A one-stop search engine for locating library resources in Maine
MaineCat (Statewide Library Catalog), combines public, state, colleges and universities, and medical libraries in Maine.
MINERVA (public library holdings)
Portland Public Library
Marvel! Research Databases free to the public (e.g. Medline, Proquest Newspapers, MasterFile Premier and ERIC); (at logon type your local Maine library and your name)
WORLDCAT -- 1.3 billion items in 18,000 libraries worldwide
Libraries -- Law
Donald L. Garbrecht Law Library at the University of Maine Law School, Portland
Nathan & Henry B. Cleaves Law Library, Portland
State Law and Legislative Reference Library, Augusta
URSUS -- includes Catalogs of the Garbrecht Law Library and State Law & Legislative Reference Library
TIP: Cleaves doesn't have an online catalog. Go to Collection for links to our most popular hardcopy and online treatises and legal periodicals. Note: all online databases must be used in the library. We don't offer remote access.
Municipal Codes
Municipal Codes from the Cleaves Law Library website -- alphabetical
Municipal Codes from the Garbrecht Law Library website -- listed by County
Maine Municipal Association list of ordinances
TIP: Municipalities change their ordinances frequently, and therefore it's hard to keep these compilations current. If a link on one site doesn't work, check the other two sites.
Periodicals/Law Reviews
COMP: the Maine Workers’ Compensation Journal, 1984 to date and an annual index, 1994 to date
Maine Bar Bulletin (1967-1985)
Maine Bar Journal Quarterly, 1986 to date
Maine Defender (MACDL) newsletter published infrequently
Maine Law Review v. 1-13 (1908-1920); v. 14 (1962 to date), biannual
Maine Lawyers Review Twice monthly, 1993 to date
TIP: The Maine Lawyers Review includes a survey of all recent decisions from the Maine Law Court, Maine Superior Court, First Circuit Court of Appeals, U.S. District Court, Bankruptcy Court and U.S. Supreme Court as well as recent rules amendments and adoptions.
Maine Verdicts quarterly publication of the MTLA, 1991 to date
Ocean and Coastal Law Journal (formerly the Territorial Sea Journal, 1992-1993) published by the Marine Law Institute of UMaine Law (1994 to date)
The Supplement newsletter of the MSBA, 1998 to date, published infrequently
TIP: References to the Maine Bar Bulletin, Maine Bar Journal and Maine Law Review are included in the Maine Revised Statutes Annotated, as well as Shepard's on lexis.com and Keycite on westlaw.com.
Regulations -- State
HARDCOPY
Code of Maine Rules, Lexis Publishing, updated monthly.
ONLINE
* Commercial online access to the Maine Rules is available at Cleaves from westlaw.com and lexis.com; printing charges apply.
TIP: At this writing, westlaw.com has the more current holdings.
Maine State Government Agency Regulations by department
Maine State Government Agency Regulations -- Changes.
TIP: Posting on the Secretary of State's website is as much as six months behind the changes. Check this Rules Changes site to make sure your rule hasn't changed in the last few months and not been posted yet.
Guide to Maine State Government Rulemaking
Annual Regulatory Agendas -- Maine State Government Rulemaking
TIP: For old rules or certified copies, contact Don Wismer at the Secretary of State's Office. His contact information is Don.Wismer@maine.gov, 207-626-8400 (general Secretary of State's number).
Regulations -- Federal
HARDCOPY
Code of Federal Regulations. U.S. GPO, published annually.
TIP: Cleaves has a full set of hardcopy CFR's which is sometimes easier to use in book form.
ONLINE
GPO online public access to the Code of Federal Regulations, 1996 to date
TIP: This government site is not easy to use. The "Get a Document" tab on lexis.com (coverage from 1981 to date) and "Get and Print" tab on westlaw.com (coverage from 1984 to date) are easier to use.
List of Sections Affected to the Code of Federal Regulations, 1986 to date
GPO public access to the Federal Register, 1994 to date
TIP: Various public libraries around the State have hardcopy versions of the Federal Register, however, the GPO website is the fastest and easiest way to access these daily federal rule changes by using the List of Sections Affected search tool. Don't forget, the publication of the rule in the Federal Register includes history of the rule. This information is not printed in the CFR. Also, Lexis.com has FR coverage from 1980 to date and westlaw.com has coverage from 1936 to date. These databses have search engines that are easier to use than the government website.
Statutes -- State
HARDCOPY
Maine Revised Statutes Annotated--hardcopy with annual pocket parts in Nov/Dec; Thompson West Pub.
Maine Revised Statutes (unannotated) annual, Thompson West Pub.
Maine Legislative Service, pamphlets that include current session laws, Thompson West Pub.
Maine Criminal Statutes --hardcopy annual pamphlet, Swan Island Press.
Maine Estate and Probate Law with Related Court Rules--hardcopy annual pamphlet, Thompson West Pub..
Maine Family Law --hardcopy annual pamphlet, Thompson West.
Maine Motor Vehicle Statutes -- hardcopy annual pamphlet, Swan Island Press.
ONLINE
Maine Session Laws available online through the Office of the Revisor of Statutes (118th Legislature, December 1996 to the 122nd Legislature, May 2006)
Maine Statutes available online through the Maine Legislature
Current session information online through the Maine Legislature (previous session information is also available starting in the late 1990's)
* Commercial online access to the Maine Statutes is available at Cleaves from westlaw.com and lexis.com; printing charges apply.
Statutes -- Federal
HARDCOPY
United States Code (official)Washington, D.C.:U.S. G.P.O.
United States Code Annotated (U.S.C.A.)
Thompson West Pub., updated frequently
United States Code Service (U.S.C.S.)Lexis Pub., updated frequently.
ONLINE
U.S. Code available through the G.P.O. website.
Current and past session informaton from the Libary of Congress -- Thomas website
Treatises and Other Resources
A C E F
J L
M R
S T W
A
Administrative Law Appellate Practice Attorneys/Practice of LawC
Civil Practice CLE Materials Constitutional Law Consumer Law Court History Courts -- Maine(State) Courts -- Maine (Federal) Criminal Practice E
Elder LawEnvironmental Law F
Family Law Freedom of Access J
Judicial Ethics and Responsibility Jury Instructions L
Labor/Employment Law Landlord Tenant Legal Writing M
Miscellaneous Websites R
Real Property Right to Know S
School Law Stautory Construction T
Tax Law Tribal Court System W
Wills and Probate LawWorkers' Compensation Law
Administrative Law
Maine Administrative Rules from the Secretary of State's Office
Ferdico, John N., Maine Administrative Procedure. Salem, NH: Butterworth Pub. Co., 1986, last update 1990)
Maine Municipal Codes (selected cities and towns)
Appellate Practice
Alexander, Hon. Donald G., Maine Appellate Practice, 3rd ed., Tower Publishing, 2008
Citizens’ Guide for Appeals to the Maine Supreme Judicial Court (prepared for individuals who are not trained as lawyers and who are considering an appeal from a decision of a trial court or who want to learn about Maine appellate practice. It may also serve as a useful review for attorneys who do not have a regular appeal practice.
Uniform Maine Citations
TIP: Print copies of Uniform Maine Citations may also be ordered from the Maine Law Review at a cost of $7.00 per single copy and discounts for multiple copies.
Brown, Rufus E., "Some Thoughts on Effective Briefing Before the Maine Law Court", 1 Maine Bar Journal no.1, pg. 16, 1986.
Seitziner, Michael D., "Oral Argument on Appeal", 1 Maine Bar Journal no.1, pg., 1986
TIP: These two articles are short and sweet but very useful.
Carnathan, Sean T. and Karen D. Kemble, "Hints on Writing Law Court Briefs From Some People Who Read Them", 9 Maine Bar Journal no.5, pg. 318, 1994.
Smith, Kaighn, "Appeals Before the Law Court and the First Circuit: A Law Clerk's Perspective"4 Maine Bar Bulletin, no. 4, pg. 188, 1989.
TIP: These two articles from the Maine Bar Journal are anecdotal in style and written by judicial law clerks, but provide basic insight into the workings of the State and Federal Courts.
Attorneys/Practice of Law
HARDCOPY
Maine Bar Directory, Standish, ME: Tower Publishing, updated annually.
Maine Manual on Professional Responsibility, Board of Overseers of the Bar, Standish, ME: Tower Publishing, 2004 edition
Lyons, Malcom L. and J. Scott Davis, "How to Avoid Making a Bad Situation Worse -- Responding to a Complaint to the Board of Overseers of the Bar", 10 Maine Bar Journal no. 4, pg. 248, 1995
ONLINE
Attorney Information Search (Directory) -- Board of Overseers. Updated regularly
Maine Law Firm Websites (most comprehensive list on the web, posted on cleaves.org)
Maine Bar Admission Rules
Maine Bar Rules
Maine Rules for Lawyers’ Fund for Client Protection
Maine Rules for the Maine Assistance Programs for Lawyers
Maine Code of Professional Responsibility
TIP: To update the hardcopy Maine Manual on Professional Responsibility go to these websites:
Attorney Complaints -- Board of Overseers.
Professional Ethics Opinions -- Board of Overseers
Discipline Decision (Reprimands)-- Board of Overseers
Discipline Decision -- Maine Supreme Court
TIP: Maine Supreme Court attorney discipline decisions prior to 1999 are available from Cleaves Law Library. The Maine Bar Rules become effective May 15, 1979. Before this adoption, the Grievance Comittee of the Maine State Bar Association handled ethics from 1969 to 1978 and used the ABA Code of Professional Responsibility with a few variations. Prior to this period, grievances were handled by the Executive Committee of the Maine State Bar using the ABA Canons of Ethics and Oath as their standards. Grievances were initially handled by county bar associations. Few of these older county bar association decisions are available today and are confidential. Information provided by Hon. Herbert Silsby.
General websites
Maine Board of Bar Overseers
Maine State Bar Association
Cumberland County Bar Association
Civil Practice
Alexander, Hon. Donald G., Ed. Maine Rules of Civil Procedure, with advisory committee notes. Not current right now -- 4/3/08
TIP: Use this online publication to update Maine Civil Practice, which hasn't been updated since 1981. Justice Alexander includes all amendments since 1981 and adds a few case citations. The easiset way to find current cases is to Shepardize the rule. This is a very useful publication.
Alexander, Hon. Donald G., and Laurie A. Gibson Maine State Bar Association, Practice Series 301 - Number 1, 2008: The Maine Rules of Civil Procedure
, Augusta, ME: MSBA, 2008
Alexander, Hon. Donald G., Maine Jury Instruction Manual, 4th ed. Charlottesville, VA: Lexis Law Publishers, and online at lexis.com. The hardcopy edition also comes with a CD of forms.
Alexander, Hon. Donald G., Ed. State and Federal Summary Judgment Practice comment starts on page 240 of Maine Rules of Civil Procedure, with advisory committee notes.
TIP: This summary judgment comment to the Maine Civil Rules Annotated online version was originally presented at a MSBA CLE in 2001. It's updated to include current rules amendments. This practice guide is very helpful.
Maine Department of the Attorney General Opinions (also named Reports of the A.G., Annual Report of the A.G., etc.), 1859,1861-1867,1869-1873,1879-1884,1889,1931/32,1941/42-1972;1986 to date; gaps filled in by fiche.
TIP: Maine Attorney General Opinions appear in the annotations of the M.R.S.A. Coverage in westlaw.com is 1977 to date. Coverage in lexis.com is March 1980 to date.
Ferdico, John N., Maine Administrative Procedure. Salem, NH: Butterworth Pub. Co., 1986, last update 1990)
Field Richard H., Vincent L. McKusick and L. Kinvin Roth., Maine Civil Practice: Rules of
Civil Procedure with Commentaries, 2d ed. St. Paul: West Pub. Co., 1970 supplement, 1981 by Charles A. Harvey, Jr., Raymond G. McGuire and L. Kinvin Worth
TIP: This publication is very out-of-date. See tip for Justice Alexander's online Maine Rules of Civil Procedure above.
Horton, Hon. Andrew M. and Peggy L. McGehee., Maine Civil Remedies. 4th ed. Standish, ME: Tower Publishing, 2004.
Merritt, Thomas B.Trial Handbook for Maine Lawyers, 2007 Edition; Maine Practice Series 4Thomson/West
Murray, Peter L., Maine Evidence, 2000 ed. Charlottesville, VA: Lexis Law Publishers, 1999
Sullivan, Francis W., Maine Civil Officer with Forms. Boston: Boston Law Book Cp., 1950.
TIP: This two-volume title is full of hard-to-find forms.
Whitehouse, Robert Treat., Equity Jurisdiction, Pleading and Practice in Maine with forms and Precedents. Portland, Maine: Loring, Short & Harmon, 1900
Zillman, Donald N., Jack H. Simmons and David D. Gregory., Maine Tort Law, Charlottesville, VA: Lexis Law Publishers, with a 2005 supplement.
CLE Materials -- Continuing Legal Education
URSUS -- includes Catalogs of the Garbrecht Law Library and State Law & Legislative Reference Library
TIP: To find CLE materials available in public law libraries in Maine first access URSUS. In the Author Search option, type "Maine State Bar Association. Continuing Legal Education" This will pull up 300+ materials. Or, in the Keyword Search option, type "Maine State Bar Association" and your specific terms, e.g. "title standards". This will pull up MSBA CLE's related to the Titile Standards. Another serach techinque is the type "National Business Institute Maine: and your sepcific terms, e.g. "real estate" in the Keyword Search option. This will pull up Maine CLE materials published by the National Business Institute. The Maine State Bar Association also has a lending library for CLE materials.
Constitutional Law
Davis, William T., ed.The New England States: their Constitutional, Judicial, Educational, Commercial, Professional and Industrial History, Volume 3 Boston: D.H. Hurd and Co., 1897; Chapt. 98 (XCVIII), "Constitutional History of Maine", pg. 1103
Perley, Jeremiah. Debates and Journal of the Constitutional Convention of the State of Maine. Augusta, Maine Farmers' Almanac Press, 1984.
Tinkle, Marshall J. The Maine Constitution: A Reference Guide. Westport, CT: Greenwood Press, 1992
Consumer Law
McKenna, James A. and the Public Protection Unit. Maine Attorney General's Consumer Law Guide, 3rd ed. Augusta, ME: State of Maine, Dept. of the Attorney General
Corporate/Business Law/Commerical Law
HARDCOPY
Patterson, Dennis. Maine Debtor-Creditor Law. Salem, NH: Butterworth, 1991 with 1992 pocket part.
Spanogle, John A., Maine Practice: Uniform Commercial Code Forms Annotated St. Paul, MN: West Publishing Co., 1966 with a 1974 pocket part.
Zimpritch, James B. Maine Corporation Law and Practice,2nd ed. Standish, ME: Tower Publishing Co., 2004
ONLINE
Maine Secretary of State, Division of Corporations (laws, forms, searches, fees -- excellent site)
UCC Online services from the Secretary of State's website
Court History
Beerits, Henry C. and Martha Vaughan, "The Pre-Revolutionary Pownalborough Court House", 17 Maine Bar Bulletin no. 2, pg. 33.
Biographies of the Maine Supreme Judicial Court Justices with photographs on the Cleaves Law Library website
Davis, William T., ed., The New England States: their Constitutional, Judicial, Educational, Commerical, Professional and Industrial History, Volume 3 Boston: D.H. Hurd and Co., Chapt. 98 (XCVIII), "Judicial History of Maine", pg. 1137.
Hamlin, Charles, "The Supreme Court of Maine", Five-part series of articles in The Greenbag : Part I, Volume 7, pg. 457 (1895); Part II, Volume 7, pg. 50 (1895); Part III, Volume 7, pg. 553 (1895); Part IV, Volume 8, pg. 14 (1896); Part V, Volume 8, pg. 61 (1896).
Henry, Hon. Harriet P., The Maine District Court: A Quarter Century of Progress, 1962-1987. Standish, ME: Tower Publishing Co., 1987.
Delahanty, Hon. Thomas E., II, Maine Superior Court Chronology, unpublished survey, available at Cleaves Law Library.
Maine Supreme Judicial Court Justices since 1820 -- compiled by the State Law and Legislative Reference Library.
McKusick, Hon. Vincent L., "History of the Maine Supreme Court" This speech was delivered to the Annual Meeting of the Maine State Bar Association, August 28, 1968 and reprinted in the Report of the Maine State Bar Association for 1968, vol. 57, pg. 141.
McKusick, Hon. Vincent L., "The Upcoming Tercentenary of the History of the Maine Supreme Court". This article was adapted from an address delivered at the Annual Meeting of the Maine Historical Society held at the Pownalborough Courthouse on Saturday, May 18, 1991. 7 Maine Bar Journal no. 1 pg. 12, 1992.
Pierce, Ann, "A History of Maine's County Courthouses", 1 Maine Bar Journal no. 1, pg. 120, 1986
Silsby, Herbert T., II, "History of the Maine Superior Court", 14 Maine Bar Bulletin no. 4, pg. 109, 1980 and 14 Maine Bar Bulletin no. 5, pg. 149, 1980.
Silsby, Herbert T., II, Memorable Justices and Lawyers of Maine : A Historical Perspective, Ellsworth, ME: Dilligaf Publishing, 2006
Sloane, Robert K., The Courthouses of Maine , Woolwich, ME: Maine Lawyers Review, 1998.
Willis, William, A History of the Law, the Courts and the Lawyers of Maine from Its' First Colonization to the Early Part of the Present Century, Portland, ME: Bailey and Noyes, 1863.
TIP: Cleaves is archiving 1400+ photographs of Maine judges, lawyers and others in the legal community, as well as courthouses and courtroom scenes. Go to our webpage for details. Cleaves also has 33 + oral history tapes of prominent lawyers and judges. Additions are added frequently. Here's the webpage for a list of available oral histories.
Courts -- Maine (State)
Maine Bar Directory, Standish, ME: Tower Publishing, updated annually.
Structure of the Maine Courts
Find a Maine Court by town or county
Maine Judicial Department website
Citizen’s Guide to the Maine Courts
Citizens’ Guide for Appeals to the Maine Supreme Judicial Court (prepared for individuals who are not trained as lawyers and who are considering an appeal from a decision of a trial court or who want to learn about Maine appellate practice. It may also serve as a useful review for attorneys who do not have a regular appeal practice.)
Guide to Small Claims Proceedings:
Information for Jurors
Courts -- Maine (Federal)
Maine Bar Directory, Standish, ME: Tower Publishing, updated annually.
Map Locator for the Federal Courts
Official website for the U.S. First Circuit Court of Appeals in Boston
Official website for the U.S. District Court for the District of Maine
Official website for the U.S. Bankruptcy Court for the District of Maine
Pro Se Litigator Handbook from the U.S. District Court
Handbook for Trial Jurors
Serving in the United States District Courts
TIP: Go to the Court's excellent website for much more information about the court including courtroom practices, operations and filings, attorney admissions, history, and much more.
Criminal Practice
Alexander, Hon. Donald G., Maine Jury Instruction Manual, 4th ed. Charlottesville, VA: Lexis Law Publishers, and online at lexis.com
Ferdico, John N., Maine Law Enforcement Officer’s Manual, 2003-2005 Edition. Bowdoinham, ME: Swan Island Press, 2003
Cluchey, David P. and Michael D. Seitzinger, Maine Criminal Practice. Charlottesville, VA: Lexis Law Publishers, 1995 is the latest update.
TIP: Use the Maine Rules of Criminal Procedure with advisory committee notes to update this treatise. For current cases, Shepardize the rules.
Maine Department of the Attorney General Opinions (also variously named Reports of the A.G., Annual Report of the A.G., etc.), 1859,1861-1867,1869-1873,1879-1884,1889,1931/32,1941/42-1972;1986 to date; gaps filled in by fiche.
TIP: Maine Attorney General Opinions appear in the annotations of the M.R.S.A. Coverage in westlaw.com is 1977 to date. Coverage in lexis.com is March 1980 to date.
Ferdico, John N. Maine Criminal Law Manual. Maine Trial Lawyer's Association, 1983
Murray, Peter L., Maine Evidence, 2000 ed. Charlottesville, VA: Lexis Law Publishers, 1999
Elder Law
Maine Legal Services for the Elderly
Maine Department of Heath and Human Services -- Office of Elder Services; rules, publications, links
Adult Guardianship and Conservatorship Guidebook from the Maine Department of Health and Human Services
Environmental Law
HARDCOPY
Ahrens, Philip and the Pierce Atwood Environmental Department, Maine Environmental and Land Use Deskbook, 2007 edition. Standish, ME: Tower Publishing, 2007
Cunningham, Gregory and Jeffrey Thaler, Maine Environmental Law Handbook, 2nd Ed. Rockville, MD: Government Institutes Division, ABS Group, Inc., 2002
ONLINE
Maine Department of Environmental Protection -- Permits, Laws, Rules, Publications
U.S. Environmental Protection Agency -- Laws, Regulations, General Information, etc.
Family Law
HARDCOPY
Levy, Hon. Jon D. Maine Family Law, 5th ed. Charlottesville, VA: Lexis Law Publishers, 2006
Prescott, Dana E. Maine Family Law Forms,(comes with a diskette), 3rd ed. Charlottesville, VA: Lexis Law Publishers, 2001
ONLINE
Guide to Protection from Abuse and Harassment Actions
Extensive Family Law information form Pine Tree Legal Assistance
Judicial Ethics and Responsibility
State
Maine Code of Judicial Conduct
Rules of the Committee on Judicial Responsibility and Disability
TIP: In 1993, the Maine Supreme Court established the Judicial Ethics Committee. The Committee issues advisory opinions interpreting the Maine Code of Judicial Ethics and makes recommendations to the Court regarding amendments to the Code. The Advisory Opinions aren't published in a compiled set. The opinions can be obtained at Cleaves and through the Goss Data Service. Opinions are published, shortly after they are issued, in the Maine Bar Journal.
Federal
First Circuit Court of Appeals -- Rules Governing Complaints of Judicial Conduct or Disability (go to "Rules" tab")
U.S. District Court for the District of Maine -- Judicial Misconduct or Disability
Jury Instructions
HARDCOPY -- State
Alexander, Hon. Donald G. Maine Jury Instruction Manual, 4th ed. Charlottesville, VA: Lexis Law Publishers, updated regularly, and online at lexis.com
ONLINE -- Federal
Proposed Pattern Jury Instructions for Employment Discrimination; Excessive Force in 4th and 8th Amendment cases; Railroad Employee Personal Injury cases; Maritime Employee Personal Injury cases -- written by Hon. D. Brock Hornby.
Proposed Pattern Jury Instructions for the District Courts in the First Circuit
Labor and Employment Law
HARDCOPY
Winger, Lawrence C., Maine Employer's Handbook, 4th ed. Naples, ME: Northern New England Law Publishers, 2005 supplement
ONLINE
Maine Employee Rights Guide from the Maine Department of Labor
Landlord Tenant Law
HARDCOPY
Cowan, Casper F., Maine Real Estate Law and Practice. St. Paul, MN: West Group, 1990, updated with supplments.
Creteau, Paul G., Maine Real Estate Law. Portland, ME: Castle Pub., 1969 Revised through the 106th Legislature, 1975.
ONLINE
HelpMELaw;
Legal information for low-income people in the State of Maine. This includes easy-to-read self-help information on topics such as divorce and tenants rights, Medicaid and food stamps, as well as information about free and low-cost legal services in Maine.
Maine State Bar Association Pamphlet
McKenna, James A. and the Public Protection Unit. Maine Attorney General's Consumer Law Guide, 3rd ed. Augusta, ME: State of Maine, Dept. of the Attorney General
Pine Tree Legal Housing Information
Legal Writing
ONLINE
Citizens’ Guide for Appeals to the Maine Supreme Judicial Court (prepared for individuals who are not trained as lawyers and who are considering an appeal from a decision of a trial court or who want to learn about Maine appellate practice. It may also serve as a useful review for attorneys who do not have a regular appeal practice.)
Maine Legislative Drafting Manual
How to Cite Maine Law Court Opinions -- order issued by the Court
Uniform Maine Citations
Wanderer, Nancy A., Writing Effective Law Court Briefs, Chap. 5 of Maine Appellate Practice
Wanderer, Nancy A., Writing Effective Law Court Briefs --Chap. 5 of Maine Appellate Practice Tower Publishing, 2008
Real Property
HARDCOPY
Cowan, Casper F., and J. Gordon Scannell. Maine Real Estate Law and Practice, 2nd ed.. St. Paul, MN: West Group, 2007 ed.
Creteau, Paul G., Maine Real Estate Law. Portland, ME: Castle Pub., 1969 Revised through the 106th Legislature, 1975.
Delogu, Orlando E., Maine Land Use and Zoning Control. 2nd Rev. Ed. Standish, ME: Tower Publishing, 1997.
Maine Roads and Easements, Practice Series 101, Number 1, ME: Maine State Bar Association, 2003
Maine Title Standards, 4th ed. Augusta, ME: Maine State Bar Association, 1991 (periodic loose-leaf updates)
Municipal Roads Manual, Augusta, ME: Maine Municipal Association, Nov. 1999
Principles and Procedures For The Location of
Boundaries in Maine Practice Series 102, Number 1, ME: Maine State Bar Association, 2006
York Deeds, 1642-1737. Portland: JT Hull, c1900
TIP: Maine obtained provincial status in New England under royal grants from England. In 1677 the Massachusetts Bay Colony purchased the area in Maine below the Kennebec River. The area east of the river became part of Massachusetts in 1691. As part of Massachusetts, the process of creating town grants for proprietors followed that of other Massachusetts towns. All deeds before 1737 for the settled area in Maine have been transcribed verbatim and published in eighteen volumes entitled York Deeds, 1642-1737, available at Cleaves and at most major libraries with a collection of New England materials.
Following the Revolution in 1783, under the auspices of the Massachusetts General Court, a Committee for the Sale of Eastern Lands began to survey and sell remaining unorganized portions of the state to help pay for the cost of the war. Land was disposed of in lotteries, a few war grants, tax sales, street grants, and patents. All the original papers for the Eastern Lands are held in the Massachusetts State Archives, and there is a limited card index. Additionally, they have been published in The Maine Historical and Genealogical Recorder, Vols. 4-8. Between 1824-91, the Maine Land Office took over the work of the Massachusetts Committee for the Sale of Eastern Lands and distributed public land after separation from Massachusetts. Records are located at the Maine State Archives and include maps, field notes, and deeds starting with 1794 as Massachusetts's deeds. Land grant applications from Revolutionary War veterans are also available. Text from Szucs and Luebking, The Source: A Guidebook of American Genealogy
Whittlesey, John J., Law of the Seashore, Tidewaters and Great Ponds in Massachusetts and Maine, Boston: Murray Printing Co., 1932
TIP: To find incorporations of towns use these sources: For the years 1660 to 1686 use the Records of the Governor and Company of the Massachusetts Bay in New England, New York: AMS Press, 1968 (located at USM and University of Maine). For the years 1692 to 1780 use Acts and Resolves of the Province of the Massachusetts Bay, Boston: Wright & Potter, 1869. The Massachusetts Constitution was ratified in 1780 and they started to incorporate towns and parishes after this date in the Acts and Resolves of Massachusetts (or different name variations). Use these for the years 1780 to 1820. Usually the incorporations are indexed under the term "towns" and then "incorporations" as a subsection. Sometimes you have to identify the exact date of incorporation and page through the volumes. To find exact dates of incorporation, and name variations, use the individual town descriptions in the Maine Register. For towns incorporated and amended by the State of Maine, there are two special indexes for Private and Special Laws, 1820 to 1944 and 1944 to 1957. Between 1957 and 1964, the Laws of Maine index all incorporation amendments. From 1964 to 1988, there is a special Laws of Maine Cumulative Index and Tables volume. Thereafter, you have to search the indexes for each session of the Legislative in the last volume of the Laws of Maine as there is no cumulative index.
ONLINE
Pine Tree Legal Housing Information
Right to Know
Maine State Government Freedom of Access Guide
Maine's Right to Know Law: An Introduction and Guide,By: Jonathan S. Piper, Esq.
and Sigmund D. Schutz, Esq and published online by Preti Flaherty
School Law
Pringle, Harry R., ed. Maine School Law, 2nd ed. Standish, ME: Tower Pub., 2001
Statutory Construction
HARDCOPY
Kennedy, John David. "Statutory Construction in Maine", 7 Maine Bar Journal, no. 3, pg. 148.
Silsby, Samuel S., Jr., "History of Statutory Law in the State of Maine", reprinted in 1 M.R.S.A. 1.
ONLINE
Maine Legislative Drafting Manual
Tax Law
HARDCOPY
Assessment Manual. Augusta, Maine: Maine Revenue Services, April 1, 2001
Nye, Alan., How to Stop Paying High Property Taxes in Maine. Portland Publishing Co., 1991
Maine Tax Reporter. Chicago, IL: Commerce Clearing House, 1966; monthly updates
ONLINE
Maine Revenue Services
Pine Tree Legal Tax Information
Tribal Court System
ONLINE
A Self-Help Guide To The Tribal Court System
Wills and Probate
HARDCOPY
Hunt, Philip C. Maine Probate Law. Charlottesville, VA: Lexis Law Publishers, updated regularly.
Maine Probate Forms, rev. ed. Lexis Law Publishing, 1991 updated regularly
Mitchell, James E. and Philip C. Hunt. Maine Probate Procedure. Charlottesville, VA: Lexis Law Publishers, updated yearly
Skelton, Harold S. Settlement of Decedents’ Estates. Augusta, ME: Maine State Bar Association, 1973
ONLINE
List of Maine Probate Courts
Maine Probate Rules
Maine Legal Services for the Elderly Links to Other Organizations; forms, laws, advice
Workers' Compensation
HARDCOPY
COMP: the Maine Workers’ Compensation Journal, 1984 to date + Annual Index 1994 to date
Devoe, Charles D. Maine Worker's Compensation Act: Practice and Procedure. Salem, NH: Butterworth Pub. Co., 1992
ONLINE
How to do a Workers' Compensation appeal without a lawyer -- guide from the Clerk of the Law Court
Maine State Bar Association Pamphlet
Miscellaneous websites
HelpMELaw;
Legal information for low-income people in the State of Maine. This includes easy-to-read self-help information on topics such as divorce and tenants rights, Medicaid and food stamps, as well as information about free and low-cost legal services in Maine.
Maine State Government
Maine State Legislature
Pine Tree Legal Assistance (this site includes valuable information on Housing, Family Law, Employment Law, Health Care, Education, Public Benefits, Consumer Law, Tax Information, Native American information and more.
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