Me. R. App. P. 11

As amended through February 27, 2023

Rule 11 - CONSIDERATION BY THE LAW COURT

(a)Scheduling of Oral Argument.

(1)Scheduling. If the appeal is set for oral argument, the Clerk of the Law Court shall advise all parties of the time and place at which oral argument will be heard.

(2)Continuance. An application for continuance of oral argument must be made by motion filed reasonably in advance of the date fixed for hearing. When a request to continue an oral argument is granted, the Law Court shall have the option of considering the appeal on briefs without oral argument to avoid undue delay in consideration and resolution of the appeal.

(b)Time Allowed for Argument. Each side will be allowed up to 15 minutes for argument. The appellant may reserve up to 3 minutes for rebuttal. On motion filed at least 7 days in advance of the date scheduled for oral argument and for good cause shown, the Law Court may allow additional time for argument.

(c)Order and Content of Argument. The appellant is entitled to open and conclude the argument.

(d)Cross and Separate Appeals. A cross-appeal or a separate appeal in the same case shall be argued with the initial appeal at a single hearing, unless the Law Court otherwise directs. If separate parties support the same argument, care shall be taken to avoid duplication of argument at the hearing.

(e)Nonappearance at Argument. If an appellant fails to appear for oral argument, the Law Court may dismiss the appeal, or it may hear the argument on behalf of the appellee if present and decide the case on the briefs and the argument heard. If an appellee fails to appear at oral argument, the Law Court may hear argument on behalf of the appellant and decide the case on the briefs and argument heard. If neither party appears, the case will be decided on the briefs unless the Law Court otherwise directs.

(f)Use of Exhibits at Argument.

(1)Disclosure.Any party planning to use any exhibit or display at oral argument shall notify the other parties to the oral argument and the Clerk of the Law Court of the planned use of the exhibit or display at least one business day prior to the time scheduled for oral argument.

(2)Display. Any exhibit or display must be presented in a manner that permits it to be easily seen by each of the Justices without limiting observation of the Court by the public or opposing parties or counsel.

(3)Removal An exhibit or display shall be removed upon completion of the argument for which it is used unless the opposing party requests that the exhibit remain available for use in that party's argument.

(g)Submission on Briefs.

(1) The Clerk of the Law Court will advise counsel when the Law Court has decided to consider a case on briefs without oral argument. Within 7 days after the Clerk has sent this notice of the decision to consider the case on briefs, a party may file a statement setting forth the reasons why oral argument should be entertained and requesting the same.

(2) In an appeal scheduled for oral argument, on motion joined by all parties and for good cause shown, the Law Court may allow the parties to submit the appeal on the briefs without oral argument.

Me. R. App. P. 11

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

Advisory Notes - January 1, 2001

Rule 11 relating to Law Court consideration essentially adopts the similar provisions of M.R. Civ. P. 75C and M.R.U. Crim. P. 39D, but recognizing different tracks for oral argument or on briefs consideration. The time for oral argument is changed from 20 minutes to "up to" 20 minutes to allow the potential for more scheduling flexibility. Subdivision (f) relating to on briefs consideration is in two paragraphs, the first of which relates to submission on briefs by determination of the Law Court, and the second of which relates to submission on briefs at the request of the parties. The special findings suggested in the current rule regarding either frivolity of appeal or control of the issues by recently decided authority are eliminated. Such findings are not necessary and can be misinterpreted as an implicit adverse comment on the significance of cases submitted for decision on briefs.

Advisory Notes - June 1, 2007

This [amendment to M.R. App. P. 11(b) ] changes [the] time for oral argument to 15 minutes for each side, to make oral argument timing similar to that of the United States Court of Appeals for the First Circuit. See F.R. App. P. 34, Local Rule 34(c)(1). As with current practice, the time allocation is to each side of an appeal. Where more than one party appears for oral argument as an appellant or an appellee, the parties must establish among themselves a fair allocation of the 15 minutes available for argument. The amendment also recognizes that the appellant may reserve up to three minutes for rebuttal.

Rule 11(f) relating to submission on briefs is redesignated as Rule 11(g), and a new Rule 11(f) is adopted to govern use of displays at oral argument. The amendment is intended to promote better planning for use of exhibits or displays at argument by requiring notice of planned use of exhibits or displays and suggesting more careful consideration of whether any exhibit that is used can be viewed by the Court without disrupting the capacity of interested persons to observe the argument. The new M.R. App. P. 11(f)(1) requires that any party planning to use any exhibit or display at oral argument must notify the other parties to the oral argument and the Clerk of the Law Court of the planned use of the exhibit or display at least one business day prior to the time scheduled for oral argument.

M.R. App. P. 11(f)(2) directs that any exhibit or display must be presented in a manner that permits it to be easily seen by each of the Justices without limiting the capacity of other interested persons to observe the proceedings. Any exhibit should have lettering or numbering sufficiently large that it can be easily seen by the Justices on the bench, and exhibits should avoid excessive diagramming that makes them too "busy" or difficult to explain or follow. Once an argument is completed, M.R. App. P. 11(f)(3) requires that an exhibit or display must removed so it is not visible to the Court unless the opposing party requests that the exhibit remain available for use in that party's argument.

Restyling Notes - June 2017

Rule 11 is subject to editing for clarification in the restyling process. It adds a sentence in Rule 11(a)(2) that when a continuance of an oral argument is requested and granted, the Court may reset the appeal for consideration on briefs. This added note reflects current practice of the Court.