Opinion

Grant v. Butler

Court
Superior Court of Maine
Filed
Apr 18, 2018
Status
Unpublished
On the bench
E. Allen Hunter
Cited by
0 cases

The opinion

STATE OF MAINE SUPERIOR COURT

AROOSTOOK, ss DOCKET NO. RE-12-016

LAWRENCE GRANT and )

NANCY FAULKNER-GRANT )

)

Plaintiffs )

)

vs )

) ORDER ON MOTION

)

ELIZABETH M. BUTLER and )

DALE A. BUTLER )

)

Defendants )

Pending before the court is Defendant's "Motion to Enforce Court Order" and the

Plaintiffs' Motion to Dismiss the Defendant's Motion. Because the court agrees with the

Plaintiffs that the Defendant's motion suffers from a number of technical and substantive

deficiencies, the court grants the Plaintiffs' motion to dismiss the Defendant's motion. The

Dismissal however shall be without prejudice.

The relief that the Defendants appear to seek is governed by M.R.Civ. P. 66. The

Defendants have not complied with the requirements of this rnle or with other rules governing

the filing of motions. At this stage of the proceedings, it appears that the Defendants are

representing themselves. As lay people, it is not surprising that they may not be familiar with

court rules. However, the Plaintiffs are correct that we have only one set of rules and all litigants,

whether they have legal counsel or are representing themselves, are bound by the same set of

rules. The court may not engage in any bending of the rules or granting of special consideration

because a litigant appears without legal representation. Truman v. Browne, 2001 ME ,r 11, 788

A.2d.

If the Defendants seek relief from the court, they must do so within the bounds of the

governing rules and procedures. It should also be noted that neither the court nor court staff are

permitted to provide legal assistance to litigants.

The entry shall be: The Plaintiffs' Motion to Dismiss is granted; the dismissal shall be

without prejudice.

April 18, 2018

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E. Allen Hunter

Justice, Superior Court (Active Retired)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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