Detailed Answer
A court-ordered subpoena in Maine authorizes the probate court to compel third parties to produce estate records or testify at a deposition. Under the Maine Uniform Probate Code and the Maine Revised Statutes, an interested person or personal representative can obtain a subpoena by following these steps.
1. Initiate Your Request
File a written request with the clerk of the probate court handling the estate. Identify the estate’s docket number, the itemized records you need, and the names and addresses of the custodians. Cite 18-B MRSA §3-201 (link) for probate subpoenas or 14 MRSA §3502 (link) for general subpoenas.
2. Draft the Subpoena
Use the official probate court subpoena form or Civil Rule 45 form. The subpoena must state:
- The court name and docket number
- The custodian’s name and address
- The date, time, and place for record production or testimony
- A clear description of the documents or records requested
3. Serve the Subpoena
Serve the subpoena by personal delivery at least seven days before the return date. Maine law requires service by any adult not a party to the case. Keep a proof of service affidavit.
4. Responding and Objecting
Custodians may object or move to quash within five days of service. File any objections in writing with the probate court. If a court overrules objections, the custodian must comply.
5. Enforce Compliance
If the custodian fails to comply, file a motion to compel under 18-B MRSA §3-201 or seek contempt sanctions under 14 MRSA §3505 (link).
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Verify the local probate court’s rules on subpoenas and service requirements.
- Attach a cover letter explaining the relevance of requested records.
- Confirm deadlines for service and production dates.
- Use a process server or sheriff for reliable service proof.
- Retain copies of all documents and correspondence.
- Consider confidentiality or privacy concerns before requesting sensitive records.
- Consult a qualified attorney if you face objections or complex issues.