Burns v. Smith: Assessing the Sufficiency of Affidavits Supporting Prejudgment Attachments in Medical Malpractice Actions

The process of attachment allows a plaintiff to request that the court bring a defendant's property into the court's custody for the purpose of satisfying any subsequent judgment that the plaintiff may obtain. In Maine, a plaintiff may proceed either with notice to the defendant or ex parte. In order to proceed ex parte, by which only the plaintiff appears before the court without notice to the defendant, the plaintiff must satisfy the requirements of Rule 4A of the Maine Rules of Civil Procedure. Rule 4A embodies two distinct safeguards for defendants whose property a plaintiff seeks to attach ex parte: one, the plaintiff must support his motion with an affidavit; and two, the affidavit must set forth specific facts sufficient to allow the court to make certain findings required by the Rule. The affidavit requirement of Rule 4A(h) states . . .