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Appellate Procedure

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					  Appellate Procedure

      Julia Sheridan, ADA
sheridan@cumberlandcounty.org
         207-871-8384
          April 4, 2012
    Appellate Issue Questions
• When and where is the NOA filed?
• What information must it contain?
• What must accompany the NOA?
• What actions does the trial court clerk
  take?
• What actions does the appellate court
  clerk take?
    Appellate Issue Questions
• What actions remain to be taken by the
  lower court?
• What options are available if the transcript
  cannot be produced?
• What must the record contain on appeal?
• What portions of the transcript must be
  produced for the appeal?
• When must briefs be filed?
    Appellate Issue Questions
• What must the briefs look like?
• What else must be filed with the briefs?
• What information must or should be
  contained in the appendix?
• Who is responsible for preparing the
  appendix?
• Who bears the burden of an insufficient
  record or transcript?
    Appellate Issue Questions
• Who is responsible for the cost of
  transcript production and record
  production?
• Is the sentence or order appealed from
  stayed pending the appeal?
• What orders may be appealed to the
  Superior Court from the District Court?
    Appellate Issue Questions
• What orders may be appealed from the
  District Court or Superior Court to the Law
  Court?
• What sanctions apply for failure to comply
  with the rules?
• Which appeals are discretionary?
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court
• Appeals from District Court orders on
  Motions for Correction or Reduction of
  Sentence, M.R. Crim.P. 35
• Appeals from D.Ct. orders on Motions for
  Probation Revocation, sec. 1207
• Appeals from D.Ct. revocation of
  supervised release, sec. 12333
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court

• Appeals from D.Ct. revocation of
  administrative release, sec. 1349-F
• Denials of petitions seeking indigent status
  for purposes of appeal
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court
• Superior Court orders on appeal are final
• Appeal is taken to court in county where
  crime was committed.
• Appeal is taken by filing a NOA with clerk
  of the District Court
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court

• NOA must be filed within 21 days from
  entry of judgment on docket
• Upon a showing of excusable neglect the
  court may extend for up to 21 days
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• NOA shall set forth title of case, adverse
  ruling making final disposition being
  appealed from
• Shall be accompanied by proposed order
  for transcript of rule 35 motion hearing or
  revocation proceeding
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• NOA and transcript order must be signed
  by defendant or attorney and clerk shall
  mail date-stamped copy of NOA and
  transcript order to attorney for State and
  ERD of Judicial Branch and annotate the
  mailing on the docket
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• D.Ct. transmits copy of case and docket
  entries to clerk of S.Ct., who dockets
  appeal and gives it a S.Ct. docket number
• S.Ct. sends information to the parties, as
  well as date by which record on appeal
  and reporter’s transcript must be filed
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• D.Ct.’s only other actions are to assign
  counsel for indigent defendant, grant stay
  of execution and fix or revoke bail pending
  appeal (when permitted by statute)
• Within 56 days of receipt of date-stamped
  transcript order form, ERD shall file
  transcript with clerk of D.Ct.
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• Regardless of whether ERD requests
  additional time, party ordering transcript
  must exercise due diligence to assure its
  timely filing
• If electronic recording is unavailable,
  appellant’s counsel may prepare
  statement of evidence, must be served on
  opposing counsel within 28 days after
  filing NOA, objections served within 7 days
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court
• Then submitted to D.Ct. for approval, and
  then inclusion in appellate record
• Parties can sign statement that appeal can
  be decided without transcript and showing
  how questions arose and were decided,
  and setting forth necessary facts for
  appeal, appeal can proceed without
  transcript or statement in lieu of transcript
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court

• Statement must include concise statement
  of points to be relied on by appellant, must
  be submitted to D.Ct. within 28 days after
  filing NOA, and D.Ct. shall approve for
  inclusion in appellate record if complete
  and conforms to truth
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• If parties agree that transcript is
  unnecessary, must seek order from S.Ct.
  relieving ERD of duty to prepare and file
  transcript
• Correction or modification of record may be
  made in D.Ct. and all other questions as to
  form and content of record are before S.Ct.
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court

• Appellant may dismiss appeal with signed,
  written dismissal if before date scheduled
  for argument or submission on briefs, or
  upon stipulation of parties
• If after this date, dismissal is only by leave
  of S.Ct.
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court
• If either party fails to comply with rule 36
  or 36A within times prescribed, S.Ct. may
  on motion of either party or its own
  initiative, impose sanctions including
  involuntary dismissal and refusal to allow
  either side oral argument
• Court must dismiss if it lacks subject
  matter jurisdiction
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• Contents of record on rule 35 appeal must
  include docket entries, NOA with date of
  filing, all original papers relating to rule 35
  proceeding, i.e., motion, exhibits, adverse
  order, supplemental material, any new
  transcript, sentencing-trial-rule 11
  transcript (if authorized by S.Ct.)
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• Upon appeal of probation revocation,
  revocation of supervised release,
  revocation of administrative release, record
  consists of docket entries, original papers,
  exhibits, adverse order, NOA with date of
  filing, original transcript, supplemental
  material, original sentencing transcript (if
  ordered by S.Ct.)
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court
• If not in the record, within 7 days of filing
  NOA, appellant may file with S.Ct. and
  serve upon ERD and opposing counsel
  motion seeking to include sentencing, trial
  or rule 11 proceeding, and within 7 days of
  receipt opposing counsel may seek to
  include additional portions
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• ERD shall file transcript within 56 days of
  receipt of date-stamped copy of order on
  motion
• ERD can request additional time
• If defendant is indigent Judicial
  Department pays; if defendant is not
  indigent, shall make payment arrangement
  with ERD within 7days after order’s receipt
 M.R. Crim.P. 35, 36-38: Appeals
  from the District Court to the
         Superior Court
• Within 21 days of filing NOA, D.Ct. files
  with S.Ct. clerk contents of rule 35, record
  except transcripts, and furnish copies to
  parties
• Inidigent party gets free copy
• Non-indigent pays at rate set by Chief
  Justice of SJC
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• When clerk receives transcript from ERD, clerk
  must transmit to clerk of S.Ct.
• When rule 35 record complete, clerk shall send
  parties written briefing and argument schedule
• Within 21 days of filing NOA in appeal of
  probation revocation, supervised release or
  administrative release revocation, clerk shall file
  with S.Ct. record and furnish copies to parties
  M.R. Crim.P. 35, 36-38: Appeals
   from the District Court to the
          Superior Court
• Indigent defendants get free copies and
  non-indigents pay according to rate set by
  SJC
• Clerk also transmits to S.Ct. transcripts
  filed by ERD
• Upon docketing of record S.Ct. sends
  written briefing and argument schedule to
  parties
 Appeals in Juvenile Matters, Rule
               36B
• Juvenile or parent, guardian or legal
  custodian may appeal pursuant to statute
  from adjudication, order of disposition or
  modification, detention order or refusal to
  modify detention order, of finding of failure
  to comply with deferred disposition
• Latter appeal is discretionary
• State may appeal from failure of juvenile
  court to order bind-over
 Appeals in Juvenile Matters, Rule
               36B
• NOA and transcript order form are filed
  with D.Ct., which transmits date-stamped
  copies to ERD, S.Ct. and appellee
• D.Ct. transmits docket entries to S.Ct.
• Appellee has 7 days to order additional
  portions of transcript
• Review is for error of law or abuse of
  discretion
 Appeals in Juvenile Matters, Rule
               36B
• Appeal of order finding inexcusable failure to
  comply with deferred disposition may be
  considered on the merits only after S.Ct. has
  preliminarily determined that appeal presents
  significant issue of fact or law or consideration
  of merits would serve interests of justice
• Superior Court may affirm, reverse, modify
  order, enter new order, or remand for further
  proceedings
• S.Ct. may order stay of execution and release
  pending appeal of adjudication or order of
  disposition
 Appeals in Juvenile Matters, Rule
               36B
• Appeal may be taken within 5 days after entry of
  order
• Upon showing of excusable neglect, court may,
  before or after time has expired, with or without
  motion or notice, extend time for filing NOA for a
  period not to exceed 15 days from expiration of
  original time period
• Appeal of detention order does not stay
  proceedings but pending appeal from
  adjudication or order of disposition, juvenile
  court may order stay of execution and release
    Record on Appeal in Juvenile
         Cases, Rule 36C
• Juvenile Court clerk’s record
• Transcript, sound recording or statement
  in lieu of transcript
• Record contains docket entries, originals
  of petition, order of disposition or order
  appealed from, motions and orders
  thereon, findings of fact, exhibits and list of
  retained exhibits
    Record on Appeal in Juvenile
         Cases, Rule 36C
• If documentary exhibit can be easily
  reproduced Juvenile Court clerk shall
  retain a copy
• Tangible objects, such as weapons, shall
  be retained by Juvenile Court clerk
• District Court clerk shall file Juvenile Court
  clerk’s record with Superior Court within
  21 days of filing of NOA
    Record on Appeal in Juvenile
         Cases, Rule 36C
• Appellant shall ensure time limits are met
• Time limits may be increased or
  decreased upon showing of good cause
• ERD shall file transcript with Superior
  Court clerk and furnish copies to parties
  within 56 days of filing of NOA
• ERD can file for extension at least 5 days
  before 56 days expires
    Record on Appeal in Juvenile
         Cases, Rule 36C

• Upon docketing of record clerk of Superior
  Court shall issue a briefing and argument
  schedule to counsel and if either party fails
  to comply Superior Court may impose
  sanctions including dismissal of appeal
  and refusal to allow one or both parties to
  present oral argument
     Briefs and Oral Argument in
      Superior Court, Rule 36D
• Appellant’s brief is due 35 days after
  mailing of notice of docketing of record
• Appellee’s brief is due within 28 days after
  service of appellant’s brief
• Appellant may file a reply brief within 14
  days after service of brief of appellee
• Time limits can be increased or decreased
  upon showing of good cause
     Briefs and Oral Argument in
      Superior Court, Rule 36D
• If appellant fails to comply with brief deadline
  Superior Court may dismiss appeal
• If appellee fails to comply appellee will not be
  heard at oral argument except by permission of
  the court
• Appeals shall be in order for oral argument 14
  days after date on which appellee’s brief is due
  or is filed, whichever is earlier
• If either party fails to comply court may dismiss
  appeal and refuse to allow either side to argue
   Stay of Execution of Sentence,
              Rule 38
• Any portion of sentence involving
  imprisonment, probation or administrative
  release shall be stayed if an appeal is
  taken and defendant is admitted to bail
  pending appeal
• Other portions of the sentence are stayed
  only upon request of defendant and only if
  he/she is admitted to bail
   Stay of Execution of Sentence,
              Rule 38
• If defendant cannot post bail as set, court may
  upon request stay any monetary portion of the
  sentence and may stay any other sentence
  alternative on any terms considered appropriate
• If judgment is vacated, clerk shall refund money
  posted to cover monetary portion of sentence
  and if judgment is affirmed, funds so posted
  shall be applied by clerk in payment of money
  alternative
   Stay of Execution of Sentence,
              Rule 38
• If judgment is affirmed on appeal, court-ordered
  stay automatically terminates when mandate of
  appellate court is entered in criminal docket of
  trial court
• When stay of imprisonment automatically
  terminates, clerk of trial court shall mail date-
  stamped copy of mandate to parties and to
  sheriff, and defendant shall contact sheriff within
  3 days of mailing to arrange for surrender that
  day or at sheriff’s direction next day
   Stay of Execution of Sentence,
              Rule 38

• If such arrangements are not timely made
  or not complied with, upon request of
  sheriff or prosecution, or by direction of
  court, clerk shall issue arrest warrant
• Upon issuance of warrant court shall
  declare forfeiture of post-conviction bail
Maine Rules of Appellate
      Procedure

   Appeals to the Law Court
      Maine Rules of Appellate
            Procedure
• Apply to review of judgments, order or
  rulings of the District Court, Superior
  Court, Probate Court, or a single justice of
  the Supreme Judicial Court, which are by
  law reviewable by the Law Court
• Rules apply to all appeals in which the
  NOA is filed on or after January 1, 2001
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Appeal is commenced by filing NOA with clerk of
  court from which appeal is taken
• Appellant files with NOA order for those portions
  of transcript appellant intends to include in
  record on appeal
• NOA and transcript order form must be signed
  by appellant or attorney
• NOA shall specify party taking appeal and shall
  designate judgment or part thereof appealed
  from
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• In civil case NOA must be filed with
  statement of issues on appeal, rule
  5(b)(2)(A)
• In criminal case when court imposes any
  sentence after trial, or after plea to murder
  or Class A, B or C crime, with sentence of
  one year or more that is not agreed to
  pursuant to M.R. Crim.P. 11A, defendant
  shall be advised of right to appeal
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• If defendant is unrepresented, court shall cause
  a NOA to be prepared and filed on behalf of
  defendant
• Except upon appeal of PCR, a NOA filed by
  State in criminal case shall be accompanied by
  written approval of AG, pursuant to rule 21(b)
• Clerk must file approval, note it on the criminal
  docket and mail date-stamped copy of
  defendant and/or attorney
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Clerk must mail date-stamped copy of
  NOA and transcript order form to clerk of
  Law Court, court reporter or ERD, and
  attorneys of record other than appellant
• In tort claims action clerk shall mail copy of
  NOA to AG, as well as parties, and shall
  note on docket names of parties to whom
  mailed and date of mailing
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• In criminal case NOA must be filed within 21
  days after entry of judgment on docket
• If timely motion for arrest of judgment, for
  judgment of acquittal after verdict, for new trial,
  or for correction or reduction of sentence under
  M.R. Crim.P. 35(a) or 35(c) is made within 21
  days after entry of judgment an appeal may be
  taken within 21 days after entry of the order
  granting or denying the motion
• An appeal from denial of petition contesting
  extradition shall be filed 7 days after entry of
  order
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4

• In civil case NOA must be filed within 21
  days of order being entered on docket,
  unless shorter time is provided by law
• Any other party may file NOA within 14
  days of date on which first notice of appeal
  was filed
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Running of appeal period is terminated by
  following timely motions, and full time for appeal
  commences to run from date of entry of order on
  motions: findings of fact and conclusions of law,
  M.R. Civ.P. 52(a), denying motion for new trial,
  M.R. Civ.P. 59, granting or denying motion for
  judgment under M.R. Civ.P. 50(b), granting or
  denying motion under M.R. Civ.P. 52(b) to
  amend or make additional findings of fact,
  granting or denying motion under M.R. Civ.P. 59
  to amend judgment
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Appeal from judgment preserves for review any
  claim of error including claim of error in any
  orders specified in rules 2(b)(2) and 2(b)(3),
  even if entered on motion filed after notice of
  appeal
• Time period runs from date of entry of order on
  timely motion
• Upon good cause shown court may extend 21-
  day time limit for filing NOA for up to 21
  additional days
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Any further extension up to 140 days from
  expiration of original 21-day time period
  may be granted upon motion with notice
  showing that clerk failed to send notice of
  entry of judgment to moving party, moving
  party did not otherwise learn of entry, and
  any other party will not be unfairly
  prejudiced by extension to file NOA
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Bonds remain in effect pending resolution of
  appeal
• Parties may file joint notices of appeal
• Appeals may be consolidated
• When both parties appeal, first in time is
  appellant, except if both parents appeal from
  order finding jeopardy to child as to both
  parents, terminating both parents’ rights,
  awarding guardianship over child to third party,
  or awarding grandparent visitation rights, both
  parents are appellants
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Upon receipt of NOA trial court clerk shall
  mark the case “Law” on docket, shall
  transmit copy of NOA and copy of all
  docket entries to clerk of Law Court, and
  that clerk shall docket the appeal and send
  each party docketing notice with Law
  Court docket number and dates by which
  record and transcript must be filed
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Trial court takes no further action pending
  disposition of appeal except A) in criminal
  cases appointment of counsel for indigent
  defendants, granting stays of execution
  and fixing or revoking bail pending appeal,
  and proceedings for new trial or
  correction/reduction of sentence
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• B) in civil cases in M.R. Civ.P. 27(b), 54(b)(3),
  60(a), 62(a), 62(c), and 62(d), and in rule 5(e) of
  appellate rules
• C) in child protective cases, to continue case
  review and processing as required by law
• D) as is necessary to prosecute appeal and
  dispose of timely motions made pursuant to one
  of the rules set forth in rule 2(b)(2) and (3)
 Filing and Docketing the Appeal;
      Dismissal, Rules 2, 3, 4
• Preceding does not apply to any appeal of
  order approving, dissolving or denying
  attachment or trustee process, discovery
  order, TRO or PI, or order granting or
  denying motion for summary judgment that
  does not resolve all pending issues,
  unless Law Court so orders
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4
• Criminal appeal may be dismissed by
  defendant filing a signed, written
  dismissal, and State may dismiss by filing
  written dismissal signed by attorney for
  State, except that on or after date
  scheduled for submission on briefs or oral
  argument it may be dismissed by
  stipulation entered into by all parties, and
  with leave of Law Court if on or after date
  set for argument or submission on briefs
  Filing and Docketing the Appeal;
       Dismissal, Rules 2, 3, 4

• Dismissal may also occur for failure to
  timely comply with rules
• Court shall dismiss appeal if court lacks
  subject matter jurisdiction
    Record on Appeal, Rule 5
• Record consists of trial court clerk’s record
  and exhibits, reporter’s transcript and
  docket entries
• In criminal cases, standard transcript
  consists of witnesses’ testimony, any
  bench conferences and jury instructions
• Appellant’s counsel can add or subtract by
  use of Judicial Branch form
     Record on Appeal, Rule 5
• Within 7 days of receipt of appellant’s transcript
  order, appellee’s counsel may order additional
  portions of transcript using correct form, and
  copy of form shall be filed with clerk of Law
  Court and served on appellant’s counsel
• MCILS pays for transcript for indigent appellant
  and non-indigent must make arrangements to
  pay within 7 days after filing NOA
    Record on Appeal, Rule 5
• In civil cases, with NOA and transcript
  order form appellant must file statement of
  issues appellant intends to present and
  must serve this on opposing party
• Statement is for guidance in preparing
  record and transcript but does not
  preclude raising other properly preserved
  issues on appeal
    Record on Appeal, Rule 5
• Appellee can file and serve designation of
  additional parts of transcript for inclusion,
  and unless within 7 days after service of
  such designation appellant has ordered
  such parts, and notified appellee, appellee
  may within 7 days following order such
  parts or move in Law Court for order
  requiring appellant to do so
    Record on Appeal, Rule 5
• Within 7 days of filing NOA and transcript
  order form, party must make
  arrangements to pay and if reporter or
  ERD requests deposit, it must be paid
  within 7 days of notification of amount of
  deposit
• If deposit is not paid, order is considered
  canceled and appeal proceeds without
  transcript
    Record on Appeal, Rule 5
• Transcript can be ordered in condensed
  format
• Statement can be prepared in absence of
  transcript or recording
• Statement must be filed with trial court and
  served on appellee within 21 days after
  entry of judgment or 14 days after filing
  NOA, whichever occurs first
    Record on Appeal, Rule 5
• Appellee can file and serve objections or
  propose amendments within 7 days after
  service, and afterward statement and any
  objections shall be submitted to trial court
  for settlement and approval and included
  in appellate record
• Record can be corrected or modified
    Record on Appeal, Rule 5
• Record can be submitted upon agreed
  statement if questions presented can be
  determined without examination of all
  pleadings, evidence and proceedings in
  court below, but parties must submit
  statement of such including copy of
  judgment appealed from, copy of NOA
  with filing date and concise statement of
  points relied on by appellant, and trial
  court must approve it
 Filing Record with the Law Court,
              Rule 6

• Within 21 days of filing NOA, clerk shall file trial
  court record with clerk of Law Court
• Record includes docket entries, documentary
  exhibits, list of retained exhibits, verdict or
  findings of fact and conclusions of law, together
  with direction for entry of judgment, in action
  tried without jury opinion, judgment appealed
  from, and NOA with date of filing
 Filing Record with the Law Court,
              Rule 6
• If documentary exhibit can be easily and
  inexpensively reproduced, trial court shall retain
  copy
• Tangible object exhibits are retained by trial
  court, except upon order of Law Court
• Any party may designate additional portions of
  record within 7 days of filing NOA
• When more than one appeal taken, consolidated
  record is prepared
 Filing Record with the Law Court,
              Rule 6
• Unless Law Court directs otherwise, within
  56 days of receipt of NOA reporter shall
  file transcript with clerk of Law Court,
  include electronic copy, and furnish copies
  to parties
• If more time is needed reporter may file for
  extension within 5 days of expiration of 56
  days, and clerk of Law Court may grant
  reasonable request
 Filing Record with the Law Court,
              Rule 6
• Party ordering transcript shall exercise due
  diligence to assure its timely filing
• Parties may stipulate or trial court on motion of
  party may order that trial court clerk temporarily
  retain record for use by parties in preparing
  appeal
• Notwithstanding, appellant shall cause appeal to
  be docketed and record filed within time fixed or
  allowed for transmission of record by presenting
  to Law Court clerk partial record in form of copy
  of docket entries and certificate of counsel or pro
  se appellant that record is complete
 Filing Record with the Law Court,
              Rule 6

• Upon receipt of appellee’s brief, appellant shall
  request clerk of trial court to transmit record
• If trial court needs to retain any portion for use
  pending appeal, it may make an order to that
  effect and clerk shall retain that portion subject
  to Law Court’s request, and shall transmit copy
  of order and docket entries and such parts of
  original record as trial court shall allow and
  copies of such parts as parties shall designate
 Filing Record with the Law Court,
              Rule 6
• If prior to time record is transmitted a party
  desires to make a motion in Law Court for
  dismissal, for a stay pending appeal, or for
  any intermediate order, trial court clerk at
  request of any party shall transmit to Law
  Court such parts of original record as any
  party shall designate
      Schedule for Briefing and
       Consideration, Rule 7
• Upon determining appellate record is
  complete, Law Court clerk sends to parties
  written schedule for filing of briefs, reply
  brief and appendix
• Due dates in briefing schedule are not
  affected by any later transcript order,
  procedural motion or court order unless
  Law Court orders otherwise
      Schedule for Briefing and
       Consideration, Rule 7
• Appellant shall file brief within 56 days
  after date of written notice pursuant to rule
  7(a) that record is complete
• Appellee shall file brief within 105 days
  after date on which record is filed in Law
  Court
• Appellant may file reply brief within 14
  days after date that appellee’s brief is due
  to be filed
      Schedule for Briefing and
       Consideration, Rule 7

• With extended time to file briefs, no further
  extensions shall be granted except
  pursuant to rule 12A(b)(1)(A) [clerk can
  provide up to 7 additional days] or upon
  showing of significant and unanticipated
  emergency that prevents filing timely brief
       Schedule for Briefing and
        Consideration, Rule 7
• 10 copies of each brief shall be filed and
  two copies served on each of other parties
• Briefs will not be accepted for filling unless
  accompanied by certificate of service
• If appellant fails to comply with rule, Law
  Court may dismiss appeal, if appellee fails
  to comply, appellee will not be heard at
  oral argument except by permission of
  Law Court
       Schedule for Briefing and
        Consideration, Rule 7
• All appeals shall be in order for oral
  argument or other consideration 14 days
  after date on which appellee’s brief is due
  to be filed or is filed, whichever is earlier
 Appendix to the Briefs, Rule 8
• Party who files first NOA shall file
  appendix to briefs, except in child
  protection matter State is responsible for
  filing appendix
• Eight copies must be filed no later than 14
  days after date on which appellant’s brief
  is due to be filed
 Appendix to the Briefs, Rule 8
• In child protective cases, State shall file
  appendix no later than 14 days before
  date on which appellant’s brief is due to be
  filed
• Parties may agree to later date but
  appendix must be filed no later than date
  upon which appellee’s brief is filed or due
  to be filed, whichever occurs first
 Appendix to the Briefs, Rule 8
• When appendix is filed, copy must be
  served on each other party
• Appendix must contain, in following order,
  table of contents, all docket entries, each
  trial court decision to be addressed on
  appeal and final judgment, copy of
  transcript if decision was stated orally on
  record, and complaint or initiating
  document
  Appendix to the Briefs, Rule 8
• After these contents must be included following
  items for specific appeals: summary judgment –
  copy of parties’ statements pursuant to M.R.
  Civ.P. 56(h), local government and
  administrative appeals – copy of agency’s
  decision, copy of any relevant ordinance or
  regulation section underpinning decision, and
  copy of section of municipal ordinance
  establishing authority of municipal agency to act
  on subject matter if appeal is from decision of
  municipal agency
 Appendix to the Briefs, Rule 8
• Jury instructions – transcript copy of
  instruction, objection and relevant
  requests for different instructions, jury
  verdict or special verdict form – copy of
  form and transcript of objections to form,
  contract – copy of contract, family matters
  – child support affidavits if support is
  challenged, and report of GAL if parental
  rights decision is challenged
 Appendix to the Briefs, Rule 8
• Appendix should only include necessary
  portions of transcript
• Following discretionary contents may
  follow mandatory contents: necessary
  exhibits or other filings
• Appendix should not include new material
  not in the record, other than allowed
  supplemental legal authorities
  Appendix to the Briefs, Rule 8
• Documents other than mandatory documents
  should be included only if important to issues on
  appeal and non-mandatory documents must be
  placed in appendix following mandatory
  documents
• No duplication is allowed
• Appendix that does not comply with rules may
  be rejected, with party submitting it being
  required to submit another or being subject to
  other sanction, including dismissal of appeal
 Appendix to the Briefs, Rule 8
• Failure to file appendix or omission of
  required document may result in dismissal
  of appeal or other sanction
• Upon motion filed before filing deadline for
  appellant’s brief, upon good cause shown,
  Law Court may dispense with
  requirements of an appendix
 Briefs in the Law Court, Rule 9
• Brief of appellant is limited to 50 pages
  (absent approval of Law Court) and must
  include table of contents with page
  references and table of authorities cited,
  statement of facts including procedural
  history, statement of issues presented for
  review, summary of argument including
  applicable standards of review, and
  argument with supporting legal and record
  citations
 Briefs in the Law Court, Rule 9
• Brief of appellee is also limited to 50
  pages and must contain same information,
  except statement of issues and standards
  of review or of facts of case may be
  omitted unless appellee is dissatisfied with
  statement of appellant
• Any reply brief is limited to 20 pages and
  must be confined to replying to new
  matters raised in appellee’s brief
 Briefs in the Law Court, Rule 9
• If cross-appeal is filed, brief of second party to
  appeal shall contain issues and arguments
  contained in cross-appeal as well as answer to
  appellant’s brief, and second party’s brief is
  limited to 50 pages
• Amicus curiae brief may be filed only if
  accompanied by written consent of all parties or
  by leave of Law Court granted after motion is
  filed identifying interest of applicant and stating
  reasons why such a brief is desirable
 Briefs in the Law Court, Rule 9
• Amicus brief is due on date appellee’s
  brief is filed and any party may file reply
  brief within 14 days after service,
  responding to new matter raised in amicus
  brief
• Amicus brief is limited to 50 pages and
  any reply brief is limited to 20 pages
 Briefs in the Law Court, Rule 9
• In action under Maine Tort Claims Act, AG shall
  have right to appear before Law Court by brief
  and oral argument as amicus curiae where AG is
  not representing a party
• When AG has received NOA pursuant to rule
  2(a)(5), AG shall file amicus brief within time
  allowed the party whose position to affirm or
  reverse brief will support
 Briefs in the Law Court, Rule 9
• Briefs must be signed, must be black print
  on white paper, printed on only one side of
  the paper, 12-point font not smaller than
  12-point Bookman on opaque and
  unglazed paper except that footnotes and
  quotations may be 11-point, shall be
  bound on left hand margin with 8 ½ x 11
  inch pages and printing not exceeding 6 ½
  x 9 ½ inches, and double spaced except
  for quotations
 Briefs in the Law Court, Rule 9
• Front cover shall contain name of
  Supreme Judicial Court sitting as the Law
  Court and the Law Court docket number,
  title of case, nature of the proceeding
  before the Law Court, e.g., appeal, and
  name of court or agency below, title of
  document, such as Brief for Appellant, and
  names and addresses of counsel filing
  brief
 Briefs in the Law Court, Rule 9
• Cover of appellant’s brief must be blue
• Cover of appellee’s brief must be red
• Cover of intervenor or amicus must be
  green
• Reply brief must be gray
• Tables of contents and authorities are
  excluded from page limit calculation
 Briefs in the Law Court, Rule 9
• In appeal involving more than one appellant or
  appellee, including consolidated cases, any
  number of appellants or appellees may join in a
  brief or any part thereof
• Parties may also join in reply briefs
• Adoption of brief or portion may be by letter to
  clerk of Law Court, with copy to parties, if
  adopting party does not file a brief
• Party adopting brief shall do so on or before due
  date for that party’s own brief
 Motions in the Law Court, Rule 10
• Applications to Law Court for orders must
  be by typewritten motion, with supporting
  papers, stating particular grounds
  therefore and setting forth relief sought
• No oral argument is allowed
• Motions may be acted upon at any time,
  by single justice or entire court
 Motions in the Law Court, Rule 10
• Motions require service and certificate of
  service, or they will be returned by clerk
• Any response to motion must be filed
  within 7 days after motion is filed
• Must be typed or duplicated upon opaque,
  unglazed 8 ½ inch paper, stapled in upper
  left hand corner, double spaced, and in 12
  point type except footnotes and quotations
  may appear in 11 point type
 Motions in the Law Court, Rule 10
• Each paper shall have caption setting forth
  name of Supreme Judicial Court sitting as
  the Law Court, title of case, Law Court
  docket number, and brief descriptive title
  of paper
• original and one legible copy shall be filed,
  unless other copies are requested by clerk
  Consideration by the Law Court,
              Rule 11
• Cases may be set for oral argument, clerk
  shall notify parties of time and place, and
  continuances must be made upon motion
  filed reasonably in advance of date fixed
  for hearing
• Each side is allowed 15 minutes and
  appellant may reserve 3 minutes for
  rebuttal
  Consideration by the Law Court,
              Rule 11
• On motion filed 7 days in advance of date
  scheduled for argument and for good
  cause shown Law Court may allow
  additional time for argument
• Appellant opens and concludes argument
• Cross or separate appeal in same case
  shall be argued with initial appeal at one
  hearing
  Consideration by the Law Court,
              Rule 11
• If separate parties support same argument
  duplication of arguments should be
  avoided
• If party fails to appear for argument court
  may dismiss appeal or hear it on behalf of
  appearing party and decide it on briefs and
  argument heard
• If neither party appears Law Court will
  decide case on briefs
  Consideration by the Law Court,
              Rule 11
• Party must notify other parties and clerk at
  least one business day prior to time
  scheduled for argument if party plans to
  use exhibit at argument
• Exhibit must be presented so as to easily
  be seen by each of the justices without
  limiting observation of court by public or
  opposing parties
  Consideration by the Law Court,
              Rule 11
• Exhibit must be removed upon completion of
  that party’s argument unless opposing party
  requests that it remain
• When Law Court decides to consider case on
  briefs clerk shall advise parties, within 7 days
  after clerk has sent such a notice a party may
  file request for oral argument setting forth
  reasons, and on motion joined in by all parties
  and showing good cause Law Court may allow
  parties to submit case on briefs
 Composition, Concurrence, and
Session of the Law Court, Rule 12
• When considering questions of law,
  Supreme Judicial Court shall be
  composed of available and qualified
  justices
• Court shall hear and determine such
  questions by concurrence of majority of
  such justices
• Qualified justice may participate even
  though not present at oral argument
 Composition, Concurrence, and
Session of the Law Court, Rule 12
• When case is in order for consideration and
  fewer than three justices are available and
  qualified the matter shall be continued
• Chief justice determines when and where
  sessions are held
• Decisions may be reported as signed opinions,
  per curiam opinions, or memorandum decisions;
  latter do not establish precedent and are not
  published on website or in Maine reports
 Clerk of the Law Court, Rule 12A
• Papers are filed with clerk in Portland
• After hours filings are date stamped next day
• Fax filings are not accepted unless pursuant to
  M.R. Civ.P. 5(j)
• Electronic filings are not permitted although if
  parties prepare briefs and appendices utilizing
  electronic system parties are encouraged to file
  with paper copies CD copy
  Clerk of the Law Court, Rule 12A
• Clerk of Law court is authorized to grant motions
  to enlarge time to file brief or appendix for up to
  7 days
• With agreement of parties may consolidate
  appeals involving same parties, may dismiss
  appeal for failure to file brief after appellant has
  failed to respond within 10 days to a notice from
  clerk that brief has not been timely filed, may
  dismiss sentence review proceedings filed
  pursuant to rule 20 when sentence sought to be
  appealed is less than one year of incarceration
 Clerk of the Law Court, Rule 12A
• Any above order may be reviewed by
  single justice upon motion filed within 7
  days of entry of clerk’s order
• Clerk shall enter orders reflecting court’s
  action on motions for reconsideration
  pursuant to rule 14(b) and petitions to
  allow full appellate review pursuant to rule
  19, 20 or 23
     Public Access, Rule 12B
• Following are open to public inspection:
  record on appeal, Law Court file (except in
  child protection cases and except any
  documents transmitted by trial court and
  any documents identifying parties and
  witnesses shall be available only to extent
  allowed in trial court), the brief (except in
  child protection cases),
     Public Access, Rule 12B
• Appendices (except in child protective
  cases, adoption or guardianship cases,
  juvenile proceedings in which the record is
  sealed in trial court, any case involving
  care, custody or support of minor child or
  any proceeding concerning document that
  is confidential by statute and contained in
  appendix), oral arguments and decisions
Costs and Interest on Judgments in
       Civil Cases, Rule 13
• If appeal in civil case is dismissed costs
  are taxed against appellant unless
  otherwise agreed by parties or ordered by
  the court
• Costs shall be taxed against unsuccessful
  party
• When judgment is affirmed in part, costs
  shall be allowed only as ordered by court
Costs and Interest on Judgments in
       Civil Cases, Rule 13

• Actual costs of printing briefs, up to $5 per
  page for a maximum of 75 pages, shall be
  taxable in the Law Court
• Party who requests such costs shall state
  them in a verified bill of costs which shall
  be filed and served within 14 days after
  issuance of mandate
Costs and Interest on Judgments in
       Civil Cases, Rule 13
• Costs shall also be allowed for travel and
  attendance, transcripts, appendix copies
  up to $5 per page for pages averaging 240
  words exclusive of “Q” and “A,” and other
  incidental items allowed by M.R. Civ.P.
  54(d)-(g)
• Upon request of prevailing party clerk
  certifies costs to trial court
Costs and Interest on Judgments in
       Civil Cases, Rule 13
• When monetary judgment is affirmed,
  interest allowed by law must be paid as
  provided by law, when judgment is
  modified or reversed opinion shall contain
  instructions with respect to allowance of
  interest if prevailing party’s claim for
  interest has been brought to attention of
  Law Court by brief or oral argument
Costs and Interest on Judgments in
       Civil Cases, Rule 13
• If, after separately filed motion or notice
  from court, and reasonable opportunity to
  respond, Law Court determines that
  appeal, motion for reconsideration,
  argument, or other proceeding is frivolous,
  contumacious, or instituted for delay, it
  may award to opposing parties treble
  costs and reasonable expenses, including
  attorney’s fees
   Mandate, Reconsideration,
 Suspension of the Rules, Rule 14
• Mandate shall issue promptly after
  decision in criminal case
• Mandate in civil case shall issue 14 days
  after date of decision unless Law Court
  shortens or lengthens time
• Mandate is issued by transmitting attested
  copy to trial court
   Mandate, Reconsideration,
 Suspension of the Rules, Rule 14

• Timely filing of motion for reconsideration
  in civil case stays mandate until
  disposition of motion
• Issuance of mandate may be stayed upon
  motion for good cause shown filed with
  accompanying affidavit setting forth
  relevant facts
   Mandate, Reconsideration,
 Suspension of the Rules, Rule 14

• When mandate is stayed pending petition
  to U.S. Supreme Court for writ of certiorari,
  Law Court clerk’s receipt of order granting
  petition shall be effective to continue stay
  until final disposition of Supreme Court
  appeal
   Mandate, Reconsideration,
 Suspension of the Rules, Rule 14
• Motion for reconsideration of any decision
  of the Law Court, together with fee
  specified in Court Fees schedule, shall be
  filed with clerk within 14 days after date of
  decision
• Original, seven copies and supporting
  papers shall be filed and conform to rule
  9(f)
   Mandate, Reconsideration,
 Suspension of the Rules, Rule 14
• Motion shall state points of law and fact
  moving party asserts court
  misapprehended and argument
• No response shall be filed unless
  requested by Law Court
• Motion does not get oral argument
   Mandate, Reconsideration,
 Suspension of the Rules, Rule 14

• Motion for reconsideration will not be
  granted except at instance of justice who
  concurred in decision and with
  concurrence of majority of justices who
  participated in original decision who are
  still available and qualified
   Mandate, Reconsideration,
 Suspension of the Rules, Rule 14
• If granted, Law Court may make final disposition
  without reargument or may restore case to
  calendar for reconsideration
• Frivolous motions for reconsideration may result
  in sanctions
• Law Court may suspend or modify rules, except
  rule 2 and rule 14(b), in interest of expediting
  decision or on application of party or on its own
  motion
   Time, Rule 15, and Definitions,
              Rule 16

• M.R. Civ.P. 6(a) governs time
  computations
• Definitions, such as “appellant’s attorney”
  are set forth under rule 16
  Discretionary Criminal Appeals,
              Rule 19
• Discretionary criminal appeals are:
  defendant’s appeal of Superior Court order
  on motion to correct or reduce sentence,
  M.R. Crim.P. 35(a) or (c), defendant’s
  appeal of probation revocation by Superior
  Court when authorized by statute,
  defendant’s appeal of revocation of
  supervised release by Superior Court
  when authorized by statute,
  Discretionary Criminal Appeals,
              Rule 19

• Defendant’s appeal of inexcusable failure
  to comply with deferred disposition when
  authorized by statute, defendant’s appeal
  of revocation of administrative release by
  the Superior Court when authorized by
  statute, petitioner’s appeal from final
  judgment in a PCR, petitioner’s appeal of
  final judgment in extradition proceeding,
  Discretionary Criminal Appeals,
              Rule 19
• Convicted person’s or State’s appeal from
  order on motion to order DNA analysis,
  moving party’s appeal from order on post-
  judgment motion seeking court
  determination of factual innocence and
  correction of court records or subsequent
  vacating of that determination and record
  correction
  Discretionary Criminal Appeals,
              Rule 19
• Within 21 days after transcript is filed in
  Law Court or after filing NOA if no
  transcript is ordered, party filing appeal
  shall file 8 copies of memorandum, not
  exceeding 20 pages and conforming with
  rule 9(f), stating substantive reasons why
  identified issues warrant issuance of
  certificate of probable cause authorizing
  appeal on the merits
  Discretionary Criminal Appeals,
              Rule 19

• State shall not file reply memorandum and
  no appendix is prepared
• Within 56 days of receipt of copy of NOA
  and transcript order form, reporter shall
  prepare and file transcript of hearing in
  accordance with rule 6(c)
  Discretionary Criminal Appeals,
              Rule 19
• Transcripts shall be prepared as follows
  for relevant matters: hearing on motion for
  correction or reduction of sentence,
  hearing on motion for probation
  revocation, hearing on motion for
  revocation of supervised release, hearing
  on motion for termination of deferred
  disposition or hearing at conclusion of
  deferment period,
   Discretionary Criminal Appeals,
               Rule 19
• Hearing on motion for revocation of
  administrative release, hearing on motion for
  PCR, hearing on motion to order DNA analysis,
  hearing on motion for new trial based upon DNA
  analysis results, hearing on post-judgment
  motion seeking court determination of factual
  innocence and correction of records, and
  hearing relating to alleged fraud and
  misrepresentation on appeal from order vacating
  earlier order certifying determination of factual
  innocence and modifying earlier record
  correction
  Discretionary Criminal Appeals,
              Rule 19
• With regard to appeal of extradition order,
  no transcript shall be prepared and instead
  District Court judge who heard petition
  shall within 10 days of filing of NOA
  prepare and forward to clerk of Law Court
  written findings of fact upon which
  determination of petition contesting
  extradition was based
  Discretionary Criminal Appeals,
              Rule 19
• Upon finding of special circumstances and
  necessity for ordering transcript District
  Court judge in lieu of preparing findings of
  fact may order that transcript be prepared
  and transmitted to Law Court on expedited
  basis
• Compensation for transcript shall be as
  provided in rule 5(b)(1).
   Discretionary Criminal Appeals,
               Rule 19
• Law Court may deny certificate of probable
  cause and clerk will notify parties
• Court may grant certificate of probable cause
  authorizing appeal on merits
• Docketing of order granting certificate of
  probable cause shall be treated as filing of NOA
  pursuant to rule 2(b)(2)
• If appeal is pending under rule 2 involving same
  criminal judgment, rule 19 appeal shall be
  treated as part of rule 2 appeal
  Discretionary Criminal Appeals,
              Rule 19
• Within 7 days after docketing of order
  granting certificate of PC, appellant shall
  file with reporter and clerk of Law Court,
  and serve on appellee and provide for
  payment of, transcript order for any other
  portions of transcript that appellant deems
  necessary for prosecution of appeal
   Discretionary Criminal Appeals,
               Rule 19
• If payment is not arranged within 7 days clerk of
  Law Court shall be notified and appeal shall
  proceed without transcript
• After docketing order granting certificate of PC
  and notification to clerk, any further clerk’s
  record shall be filed with Law Court as provided
  under rule 6
• Upon filing record and transcripts Law Court
  clerk shall notify parties of briefing schedule and
  appeal shall proceed as non-discretionary
  appeal
  Appeal of Sentence, Rule 20
• A signed application, on appropriate Judicial
  Branch form, for leave to appeal sentence shall
  be filed with court in which sentence was
  imposed, if sentence qualifies pursuant to 15
  M.R.S.A. § 2151 (term of imprisonment of one
  year or more except where different term could
  not be imposed or was imposed pursuant to plea
  agreement, or agreed-upon restitution amount )
• Clerk shall mail date stamped copy to court
  reporter and note such notification on docket
  Appeal of Sentence, Rule 20
• When court imposes qualifying sentence,
  defendant shall be advised of right to seek
  sentence review
• If pro se defendant requests court shall cause
  application for sentence review to be prepared
  and filed on defendant’s behalf
• Application must be filed 21 days after sentence
  is docketed, pursuant to rule 2(b)(2)(A)
  Appeal of Sentence, Rule 20
• Upon receipt of application, trial court clerk
  transmits to Law Court copy of application
  with date of filing, copy of docket entries,
  charging instrument and judgment and
  commitment, copy of pre-sentence report
  (M.R. Crim.P. 32), copies of other material
  considered by sentencing court, and case
  shall be marked “sentence appeal” on
  docket
  Appeal of Sentence, Rule 20
• Lower court shall take no further action
  except if application is granted shall take
  actions provided in rule 3(b) with limitation
  that court may not stay execution of
  sentence or set bail
• Within 42 days of receipt of date stamped
  copy of application court reporter shall file
  sentencing transcript with Law Court
  Appeal of Sentence, Rule 20
• Trial court, Sentence Review Panel and
  Law Court may correct or supplement
  record as provided in rule 5(e), except that
  Panel and Law Court may, without motion,
  direct that a supplemental record be
  transmitted by clerk of sentencing court
• If application is denied, clerk sends written
  denial to parties and denial is final
  Appeal of Sentence, Rule 20
• If application is granted by Panel clerk
  shall send to each party and sentencing
  court copy of such order, together with
  Law Court docket number and date upon
  which any further record must be filed
• Order granting application has same effect
  as NOA for appeal process scheduling
  under rule 2
  Appeal of Sentence, Rule 20
• Any party desiring transcripts not already
  in file shall file order form within 7 days of
  notice that leave to appeal has been
  granted
• If court remands case to sentencing court
  for further proceedings and/or
  resentencing, any justice or judge of that
  court may act thereon
Criminal Appeals by the State, Rule
                21
• Require written approval by AG to
  accompany NOA, except if State’s
  attorney states in NOA that AG has orally
  given approval, written approval may be
  filed later
• If State’s appeal is not diligently
  prosecuted it may be dismissed upon
  motion
Criminal Appeals by the State, Rule
                21
• When State appeals, Law Court shall allow
  defendant reasonable counsel fees and costs for
  defense of appeal
• If State files motion for findings of fact and
  conclusions of law under M.R. Crim.P. 41A(d),
  the appeal period is tolled during pendency of
  motion
• If motion is granted appeal period runs from date
  that written findings and conclusions are entered
  or notation reflecting that no findings and
  conclusions have been made is entered on
  docket
  Review of Rulings and Orders of
          PUC, Rule 22

• Rules govern review of rulings and orders
  of PUC, and appellant shall pay filing fee
  by check, payable to clerk of Law Court, to
  secretary of commission when filing NOA
• Secretary shall transmit check to clerk of
  Law Court along with certified copy of
  NOA under rule 3(a)
  Review of Decisions of Workers
 Compensation Board and Hearing
        Officers, Rule 23
• Party in interest may seek review by Law
  Court of decision of Worker’s
  Compensation Board or one of its hearing
  officers by filing with clerk of Law Court
  copy of decision within 20 days after
  receipt of notice of filing of decision by
  board or hearing officer
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• Party in interest shall pay required filing fee and
  shall file with decision a NOA indicating points
  intended to be addressed on appeal
• Any other party in interest may, within original
  20 days after receipt of notice or within 14 days
  after date of first filing of NOA, file NOA
  indicating any other point that party wishes to
  address on appeal
  Review of Decisions of Workers
 Compensation Board and Hearing
        Officers, Rule 23
• Copy of decision being appealed and any
  letter or notice filed with Law Court shall
  also be served on General Counsel of
  Board
• When more than one party files NOA, the
  party who files first NOA shall be deemed
  the petitioner
  Review of Decisions of Workers
 Compensation Board and Hearing
        Officers, Rule 23
• Within 20 days of filing of decision or last
  filed NOA petitioner shall file with Law
  Court clerk 10 copies of petition for
  appellate review stating in no more than
  10 pages procedural and factual history of
  case, alleged error and manner in which
  petition meets criteria for granting
  appellate review
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23

• Petition and response shall be typed in 12
  point type, double spaced except for
  quotations and shall be in a single
  document not exceeding 10 pages
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• Law Court may grant petition for appellate
  review when case cleanly raises important
  question of law that should be addressed
  because it is one that is likely to recur
  unless resolved or there is need to
  consider establishing, implementing or
  changing interpretation of law,
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• or decision on appeal contains
  substantial error on question of law
  resulting in substantial injustice to one or
  more parties to the Board proceeding, or
  decision on appeal is based on
  substantial and prejudicial violation of
  statutory or due process procedural
  rights of one or more parties
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• No appeal of findings of fact
• Copy of decision must be appended to
  petition (failure to do so may result in
  dismissal)
• Copies of any other relevant decisions of
  Board that are necessary to evaluate
  issues must be attached
  Review of Decisions of Workers
 Compensation Board and Hearing
        Officers, Rule 23
• Within 14 days any other party in interest
  may file with Law Court 10 copies of
  response up to 10 pages long
• Service of one copy of petition and
  response shall be made upon General
  Counsel of Worker’s Compensation Board
  and each other party in interest
  Review of Decisions of Workers
 Compensation Board and Hearing
        Officers, Rule 23
• Petition shall be granted or denied as provided
  by statute
• If granted order shall be treated as NOA,
  petitioner shall be treated as appellant, and
  appeal shall proceed in accordance with rules
  except where legal error is apparent on face of
  decision Law Court may summarily modify or
  vacate decision and remand to Board for further
  proceedings
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• When appeal if from decision of hearing officer
  of Worker’s Compensation Board issued
  pursuant to statute appellant shall prepare and
  file record with Law Court clerk within 35 days
  after date petition is granted
• Appellant shall file appendix and both parties
  briefs within 14 days of filing of record
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• Either party may file reply brief within 14
  days of filing of record
• Record on appeal shall consist of hearing
  officer’s docket sheet, all pleadings,
  transcripts of all proceedings, all exhibits,
  all evidence of which hearing officer has
  taken judicial notice, and copy of
  decisions and findings of hearing officer
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• When appeal is from Board pursuant to
  statute Executive Director of Board shall
  file record within 14 days after date
  petition is granted
• Appellant shall file appendix to briefs and
  both parties their briefs within 14 days
  after petition is granted
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• Either party may file reply brief within 14 days
  after service of brief to other party
• Record on appeal shall consist of hearing
  officer’s docket sheet, all pleadings, transcripts
  of all proceedings, all exhibits, all evidence of
  which hearing officer has taken judicial notice,
  and copies of decision and findings of hearing
  officer and decision of Board
 Review of Decisions of Workers
Compensation Board and Hearing
       Officers, Rule 23
• Law Court may dismiss appeal if after
  granting petition and considering briefs
  and oral argument, Law Court is of the
  opinion that criteria in rule 23(b)(2) have
  not been met and that petition was
  improvidently granted
     Report of Cases, Rule 24
• Where all parties agree the trial court may
  report any action to Law Court if it is of
  opinion that any question of law is of
  sufficient importance to justify the report,
  provided that the decision thereon would
  in at least one alternative finally dispose of
  the action
     Report of Cases, Rule 24
• Trial court may upon request of all parties
  report any action in trial court to Law Court
  for determination where there is
  agreement as to all material facts, if trial
  court is of opinion that any question of law
  is of sufficient importance to justify the
  report
     Report of Cases, Rule 24
• If trial court is of opinion that question of
  law involved in an interlocutory order
  made by it ought to be determined by the
  Law Court before any further proceedings
  are taken, it may on motion of the
  aggrieved party report the case to the Law
  Court for that purpose and stay all further
  proceedings except such as are necessary
  to preserve the rights of the parties
     Report of Cases, Rule 24
• Matter shall be heard by Law Court as an
  appeal with the plaintiff or aggrieved party
  being treated as the appellant
• In civil case, appellant shall pay fee for
  filing NOA promptly following entry of
  order of report
Certification of Questions of Law by
Federal Courts to Law Court, Rule
                  25
• A federal court may certify questions of
  Maine law to Law Court when question
  may be determinative of a case and there
  are no clear controlling precedents in
  decisions of the Maine Supreme Judicial
  Court
Certification of Questions of Law by
Federal Courts to Law Court, Rule
                  25
• Certificate shall contain style of case,
  statement of facts showing nature of case
  and circumstances out of which question
  arises, and question of law to be
  answered
• Subject to other direction of SJC,
  certificate shall also specify which party
  shall be treated as appellant
Certification of Questions of Law by
Federal Courts to Law Court, Rule
                  25
• Certificate may be prepared by stipulation or as
  directed by certifying federal court
• Must be signed by presiding judge and 12
  copies certified to SJC by federal court clerk
  and under its official seal
• SJC may require original or copies of all of any
  portion of record before federal court to be filed
  with certificate where, in its opinion, such record
  may be necessary
Certification of Questions of Law by
Federal Courts to Law Court, Rule
                  25
• Costs shall be divided between parties
  unless SJC orders otherwise
• Filing and docketing of certificate shall be
  treated as filing and docketing of record
  pursuant to rule 7, for purposes of timing
• Hearing shall be by briefs and oral
  argument, controlled by the rules
Certification of Questions of Law by
Federal Courts to Law Court, Rule
                  25
• When constitutionality of an act of the
  legislature of this State affecting public interest
  is drawn in question upon such certification to
  which the State of Maine or an officer, agency,
  or employee thereof is not a party, the SJC shall
  notify AG, and shall permit State of Maine to
  intervene for presentation of briefs and
  argument on question of constitutionality

				
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