How to File an Appeal from an Eviction Order

Eviction appeals have special rules. Although this page provides basic information, you must follow the rules for the appeal (the rules are in the Maine statutes at Title 14, section 6008, and Rules 76D to 76G and Rule 80D(k) of the Maine Rules of Civil Procedure). If you fail to follow the rules, your appeal may be dismissed.

Deadline

The time to file an appeal from an order in an eviction case is very short:  7 days from the date that the court enters its order in your case. You must file an appeal before the District Court issues a “writ of possession.” A writ of possession is a court order that allows a law enforcement officer to physically remove you from the property if you do not leave within 48 hours after being served with that order. The court clerk usually issues the writ of possession 7 days after the judge’s order.

How to File the Appeal

To file the appeal, you must do the following with the clerk of the District Court:

  1. File the form for appealing an eviction, called a “Notice of Appeal” (form CV-206).
  1. In most cases, you cannot file an appeal until the trial court has made a final decision.  There are exceptions, but they are unusual.  If you appeal while the case is still pending in the trial court, your appeal may well be dismissed as premature.
  1. File a Transcript and Audio Order Form (form CV-CR-165) to request a transcript of the District Court hearing.
  1. Decide whether you want to ask for a jury trial in your case as part of your appeal and, if so, put that request in your appeal.
  1. Pay the appeal fee or file a motion to waive the appeal fee (form CV-067).

Living in the Property During the Appeal

If you file a notice of appeal before the 7-day deadline, the District Court clerk can still issue the writ of possession. To avoid being removed from the property, YOU MUST FILE A MOTION TO “STAY” (i.e., temporarily stop) the writ of possession from being issued. If you do not file this motion, the writ of possession will be issued and you will likely be removed from the property before the appeal is finished. You must send a copy of your motion to your landlord.

Paying Rent During the Appeal

If you remain in the property while you appeal, you must pay rent during the appeal. If there is a disagreement about the rent, the court may make you pay rent to the court instead of to the landlord. Your appeal may be dismissed if you fail to pay rent during the appeal.

Next Steps

Appeals of eviction orders are decided in the Superior Court. After you file the notice of appeal in the District Court, the District Court clerk will send the record of the case to the proper Superior Court clerk.

If you have asked for a jury trial, the Superior Court justice will decide whether you are entitled to a jury trial. If you are, the Superior Court justice will issue a court order setting the next steps to hold a jury trial for your appeal.

The Superior Court will next tell you when you have to file a “brief.” A brief is what you write to the court to explain why you think the District Court judge made an error. Your landlord will have a chance to respond to your brief.  After the briefs are filed, the Superior Court may hold a hearing, when you can make your arguments to the Court. The Superior Court may also issue a decision without holding a hearing.

Appealing to the Supreme Judicial Court

If you are not satisfied with the Superior Court’s decision, you may appeal to the Maine Supreme Judicial Court, which is called the Law Court when it is hearing an appeal, by filing a notice of appeal in the Superior Court. 

If you do not want a writ of possession issued while you appeal to the Law Court, you must again file a new motion with the District Court to stay (i.e., temporarily stop) the writ from being issued until the appeal is over. You must send a copy of your motion to your landlord.