Me. R. App. P. 13

As amended through February 27, 2023

Rule 13 - COSTS AND INTEREST ON JUDGMENTS IN CIVIL CASES

(a)To Whom Costs Are Allowed. Costs shall be taxed against the unsuccessful party to a civil appeal unless the Law Court otherwise directs. If an appeal in a civil case is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the Court. When a judgment is affirmed in part, costs shall be allowed only as ordered by the Law Court.

(b)Costs in the Law Court. Costs in the Law Court shall be allowed as follows:

(1)Briefs.The actual cost of printing or otherwise reproducing briefs, but not more than $5.00 per page, for not more than a total of 70 pages for an initial brief and 20 pages for a reply brief.

(2)The Appendix. The actual cost of printing or otherwise reproducing the appendix, but not more than $5.00 per page, for not more than a total of 300 pages (150 sheets of paper, printed on both sides).

(3)Any Transcripts. The cost of transcripts made by a reporter may be taxed at the rate actually paid to the reporter, but not exceeding the rate established by order of the Chief Justice of the Supreme Judicial Court.

(4)Travel. Travel and attendance as in the trial court.

(5) Other Costs. Other items of costs may be allowed as determined by the provisions of M.R. Civ. P. 54(d)-(g), when such items are required to prosecute or defend the appeal.

(c)Filing Bill of Costs. A party that desires such costs to be taxed shall state them in a verified bill of costs, which the party shall file with the Clerk of the Law Court, with proof of service, within 14 days after the issuance of the mandate.

(d)Clerk to Certify Costs. On request of the prevailing party the Clerk of the Law Court shall certify in detail to the trial court the amount of costs taxed in the Law Court.

(e)Interest on Judgments. When a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable as provided by law. When a judgment is modified or reversed with a direction that a judgment for money be entered in the trial court, the opinion shall contain instructions with respect to allowance of interest if the prevailing party's claim to interest has been brought to the attention of the Law Court by brief or oral argument.

(f)Sanctions. If, after a separately filed motion or a notice from the court and a reasonable opportunity to respond, the Law Court determines that an appeal, motion for reconsideration, argument, or other proceeding before it is frivolous, contumacious, or instituted primarily for the purpose of delay, it may award to the opposing parties or their counsel treble costs and reasonable expenses, including attorney fees, caused by such action.

Me. R. App. P. 13

Amended December 13, 2011, effective 1/1/2012; amended September 1, 2012, effective 10/1/2012; amended June 6, 2017, effective 9/1/2017.

Advisory Note - October 2012

The amendment makes the reference to "a reporter" consistent with the definition in Rule 16(4).

Advisory Note - November 2011

This amendment changes the process for imposition of sanctions, reflecting the evolution of modern practice to allow notice and opportunity to be heard before sanctions are imposed. Thus, Rule 13(f) now provides that a party to the appeal may file a separate motion requesting sanctions, or the court may issue a notice or an order to show cause indicating that the court may consider sanctions, and the party or attorney at whom the motion or notice has been directed will be afforded a reasonable opportunity to respond. The Rule does not specify the method of response, which will be left to the discretion of the Court. When a party requests sanctions, the request for sanctions must be presented by a separate motion. As the Advisory Committee to the changes in the Federal Rules noted regarding 1994 amendments to Fed. R. App. P. 38:

A separately filed motion requesting sanctions constitutes notice. A statement inserted in a party's brief that the party moves for sanctions is not sufficient notice. Requests in briefs for sanctions have become so commonplace that it is unrealistic to expect careful responses to such requests without any indication that the court is actually contemplating such measures. Only a motion, the purpose of which is to request sanctions, is sufficient. If there is no such motion filed, notice must come from the court. The form of notice from the court and of the opportunity for comment purposely are left to the court's discretion.

The Rule is also amended to clarify that is may be applied to conduct occurring at oral argument and to any contumacious conduct.

Advisory Notes - January 1, 2001

Rule 13 which governs award of costs and interest on judgments in civil cases is identical to present M.R. Civ. P. 76, except that provision for $2.50 for a second attorney is eliminated.

Advisory Notes - September 10, 2001

The amendment to subdivision (f) changes the heading to more correctly identify the subject of M.R. App. P. 13(f).

Restyling Notes - June 2017

Rule 13 is subject to editing for clarification and additional separation and internal numbering in the restyling process. Rule 13(b)(1) is amended to limit recoverable costs for briefs to 70 pages for an initial brief and 20 pages for a reply brief. The current Rule 13(b) limits recoverable costs for briefs to a total of 75 pages.