NOTICE OF OPPORTUNITY TO COMMENT

[pdf version of this notice]

Proposed amendments

STATE OF MAINE
SUPREME JUDICIAL COURT

NOTICE OF OPPORTUNITY FOR COMMENT

Proposed restyling of the
Maine Rules of Appellate Procedure

Comments due on or before February 16, 2017 February 21, 2017.
Due to the inclement weather and closings during the weeks of February 6 and 13,
the period for comment has been extended through February 21, 2017.

The Maine Supreme Judicial Court invites comments on the proposed restyling of the Maine Rules of Appellate Procedure recommended after review and revision by the Advisory Committee on the Maine Rules of Appellate Procedure.  The Court expresses its appreciation for the thorough work of the Committee reviewing, revising, and editing drafts to develop its recommendation during the latter half of 2016.  The proposed amendments are available at the links above.

The history of the Rules and purpose of the restyling are addressed in the Introductory Note, which also lists the significant substantive changes proposed in the Draft Rules.  Those proposed substantive changes are highlighted in green in the draft.  Significant organizational changes are highlighted in red in the draft.  Minor edits and language changes to make the rules more modern and specific are not highlighted.

The Court particularly invites comments on the following questions:

  1. Should the Rules include a word limit as an alternative to the page limit to govern the length of briefs?   If so, what should that word limit be?  See Draft Rule 7A(f)(1).

  2. Should the Appendix be limited to listed mandatory items, see Draft Rule 8, with an addendum to the appellant’s and appellee’s briefs, subject to a 50 page limit, available to include discretionary items from the trial court record that now appear in the Appendix?  See Draft Rule 7A(a)(6).

  3. Should counsel requesting a continuance of a scheduled court date or a delay of more than 7 days in any filing deadline be required to send a copy of the request for a continuance or an extension of time to the client who counsel represents?  See Draft Rule 10(a)(2).

Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Thursday, February 16, 2017 Tuesday, February 21, 2017 at 4:00 p.m. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov.  If the comments are in an attachment to the email, the attachment must be a document in portable document format (.pdf).  The Clerk’s Office will acknowledge receipt of the email via reply email.

All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted.  An individual need not be an attorney to submit comments individually or on behalf of an organization.

Comments are public documents and may be posted on the Court’s website.

Dated January 25, 2017

Matthew Pollack, Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04112-0368
(207) 822-4146