Me. R. App. P. 14

As amended through February 27, 2023

Rule 14 - MANDATE; RECONSIDERATION; AND SUSPENSION OF THE RULES IN THE LAW COURT

(a)Issuance of Mandate. The mandate of the Law Court, with an opinion or order resolving any appeal, shall be issued by the Clerk of the Law Court by transmitting an attested copy thereof to the trial court. Copies of the mandate shall be emailed to those parties to the appeal who have provided a proper email address. No paper copy of the mandate will be provided to the parties to the appeal who are represented by counsel. The opinion or decision of the Law Court sent to the parties on the day the opinion or decision is published, with the mandate appearing at the end, shall constitute notice of the mandate, and no further notice shall be provided.

(1)Criminal Cases. The mandate of the Law Court in a criminal appeal shall issue the day that the decision resolving the appeal is published or the first business day thereafter.

(2)Civil Cases. The mandate of the Law Court in a civil appeal involving a child protective matter, a parental rights matter, a guardianship, an adoption, a contempt, or a temporary or permanent injunction shall issue the day that the decision resolving the appeal is published or the first business day thereafter. The mandate of the Law Court in any other civil appeal shall issue 14 days after the date of decision of the Law Court, unless the time is shortened or enlarged by order of the Law Court.

(3)

(A)Stay of the Mandate. A motion for a stay of the mandate, or for a stay of the effect of a mandate already issued, must be filed with the Clerk of the Law Court within 14 days after the date of the decision. The timely filing of a motion for reconsideration in a civil appeal, prior to issuance of the mandate, will stay the mandate until disposition of the motion unless otherwise ordered by the Law Court. The issuance of the mandate may be stayed or the effect of a mandate already issued may be stayed on motion for good cause shown, accompanied by an affidavit of the moving party or the moving party's attorney setting forth all relevant facts.

(B)Law Court Action. After receipt of a motion for stay of the mandate, the Law Court may act on the motion sua sponte or seek comments from other parties to the appeal. After appropriate consideration, the Law Court may grant or deny the motion, and if the motion is granted in whole or in part, attach such terms and conditions to granting that stay as it deems just.

(C)Appeals to the United States Supreme Court. When the issuance of the mandate has been stayed pending a petition to the Supreme Court of the United States for a writ of certiorari, the receipt by the Clerk of the Law Court of an order granting the petition shall be effective to continue the stay until final disposition of the matter by the Supreme Court of the United States.

(b)Motions for Reconsideration.

(1)

(A) A motion for reconsideration of any decision of the Law Court, together with the fee specified in the Court Fees Schedule, shall be filed with the Clerk of the Law Court within 14 days after the date of that decision. The motion shall state with particularity the points of law or fact that the moving party asserts the Court has overlooked or misapprehended and shall contain such argument in support of the motion as the moving party desires to present. An original and 7 copies of the motion and any supporting papers shall be filed and shall conform to Rule 10(d).

(B) No response to a motion for reconsideration shall be filed unless requested by the Law Court. The motion is not subject to oral argument except by specific order of the Court.

(2) A motion for reconsideration will not be granted unless ordered by a Justice who concurred in the decision and who acts with the concurrence of a majority of the Justices who participated in the original decision and remain available and qualified to act on the motion.

(3) If a motion for reconsideration is granted, the Law Court may make a final disposition of the cause without re-argument, may restore it to the calendar for reconsideration, or may make such other orders as are appropriate. Frivolous or repetitive motions for reconsideration may result in the imposition of appropriate sanctions.

(c)Suspension of Rules. In the interest of expediting decision upon any matter, or for other good cause shown, the Law Court may modify or suspend any of the requirements or provisions of these Rules, except those addressing filing requirements and time limits in Rules 2A, 2B, 2C, and 14(b), on application of a party or on its own motion, and may order proceedings in accordance with its direction.

Me. R. App. P. 14

Amended June 6, 2017, effective 9/1/2017.

Advisory Notes - January 1, 2001

Rule 14(a)(1) relating to issuance of the mandate in criminal cases does not have a comparable provision in the criminal rules. The results of issuance of a mandate are addressed inferentially in M.R.U. Crim. P. 38(b), but there is no specific direction to issue the mandate promptly after decision at any point in the rules. Thus, Rule 14(a)(1) is a new provision. However, it does reflect current practice where, in criminal cases, the mandate issues promptly after decision.

Rule 14(a)(2) applies to civil cases and is nearly identical to the language in present M.R. Civ. P. 76A(a).

Rule 14(b) governs practice regarding motions for reconsideration. It is based on M.R. Civ. P. 76A(b). There is no comparable provision in the criminal rules. However, subdivision (b) applies to both criminal and civil cases. As a matter of practice, motions for reconsideration are frequently filed in criminal cases. However, they are not presently subject to any particular time limit. Under the new rules, motions for reconsideration in criminal cases would be subject to the same 14 day time limit as currently applied in civil cases.

Rule 14(c) relating to suspension of the rules is nearly identical to M.R. Civ. P. 75A(c). There is no comparable provision in the criminal rules. However, it appears appropriate to apply these provisions to both criminal and civil cases as such application appears to reflect current practice.

Advisory Notes - July 2008

The amendment to M.R. App. P. 14(b)(1) adds a reference to the already existing requirement of the Court Fees Schedule that a motion for reconsideration be accompanied by a filing fee. The reference is intended to avoid confusion that has resulted in filing motions for reconsideration because the fee payment requirement was not stated in the Rule. The amendment also clarifies the third sentence by removing the confusing reference to "opinion" and adding the word "asserts" so that the sentence is clearer.

Restyling Notes - June 2017

Rule 14 is amended to add internal separations and numbering consistent with the restyling practice. Consistent with what appears to be current practice, the form for motions for reconsideration must follow the form for other motions filed with the Law Court, as specified in Rule 10(d). The previous Rule had referenced former Rule 9(f), which addressed the form for briefs, including covers.

The mandate rule is also clarified to specify that the mandate in civil cases involving child protective matters, parental rights matters, guardianship, contempt, or temporary or permanent injunctions shall issue promptly after decision. As presently, the mandate in other civil appeals would issue 14 days after decision. The rules are also clarified to indicate that a stay of the mandate or the effect of the mandate may be sought for any further appeals or reconsideration, so that such appeals or reconsideration are not barred if requested within 14 days after the date of the Law Court decision at issue. The copy of the decision provided to the parties constitutes the notice of issuance of the mandate that appears at the end of the Law Court decision. No further notice is provided.