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UPDATED: SJC invites comments on proposed amendments to several provisions of the Maine Rules of Appellate Procedure
Proposed amendments updated on June 14, 2022, to correct the proposed amendment to M.R. App. P. 7A(g)(2) to show the deletion of "and quotations" from current rule.
Proposed amendments to the
Maine Rules of Appellate Procedure
regarding signatures; appearances of counsel;
effect of post-judgment motions; cross-appeals;
briefing schedules; briefs; electronic filing;
and supplemental legal authorities after briefing
Comments must be filed by Friday, July 1, 2022
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Appellate Procedure that would adopt Rule 1C and amend Rules 2A(b), 2B(b)-(c), 2C(a)(1), 7(b)(1), 7A(a), (g), (j), and 10. The proposed amendments are intended to
- permit facsimile and typewritten signatures and clarify rules regarding the signing of documents filed with the Law Court;
- remove the requirement that a notice of appeal contain a notice to other parties that they must enter an appearance in the Law Court to be heard on appeal;
- clarify that a visiting attorney admitted pro hac vice in the trial court may not appear in an appeal without being admitted pro hac vice in the Law Court;
- permit a notice of appeal to be filed at any time after entry of the judgment but not later than 21 days after entry of an order disposing of certain timely post-judgment motions;
- clarify that an appellee need not file a notice of appeal if no change in the judgment is sought;
- expand the types of orders subject to the Track A briefing schedule (and to add and amend related statutory citations);
- permit a short introduction section in a brief;
- require citations to pages in the appendix, transcript or record in the statement of the case of a brief but not in the argument section;
- require a brief to include a conclusion stating the precise relief sought;
- clarify that "double spacing" the text of a brief means using a word processor's double space function;
- expand the time during which a party may advise the Court of supplemental authorities that the party becomes aware of after filing its brief;
- clarify the methods by which a party may serve other parties with a motion; and
- permit motions, responses to motions, and certain other papers to be filed electronically.
The proposed amendments are available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, July 1, 2022. Comments may be in writing, mailed to the address below, or in an email sent to firstname.lastname@example.org. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks 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 Courts website.
Dated: June 10, 2022
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101