Me. R. App. P. 2B

As amended through February 27, 2023

Rule 2B - TIME FOR APPEAL

(a)

(1) Time of Entry of Judgment. A judgment or order is entered within the meaning of this Rule when it is entered into the docket. A notice of appeal filed after a verdict or an order, finding, or judgment of the court, but before entry in the docket shall be treated as filed on the date of entry into the docket.

(2)Knowledge of Judgment Presumed. A party shall be presumed to have learned of the entry of a judgment if that party, or an attorney representing that party, was present in open court when a judgment, verdict, ruling on a motion, or sentence was announced, or if that party, at the courthouse, signed a document, such as a sentencing document, a disclosure order, or other document acknowledging the entry of final judgment in the proceeding.

(b)Criminal Cases.

(1)Time to File. Except for extradition appeals addressed in Rule 2B(b)(3), the time within which an appeal may be taken in a criminal case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by law.

(2)Time to File Extended by Timely Filing of Certain Motions. If a timely motion for:

(A) arrest of judgment under M.R.U. Crim. P. 34; or

(B) judgment of acquittal after verdict under M.R.U. Crim. P. 29; or

(C) a new trial under M.R.U. Crim. P. 33; or

(D) correction or reduction of sentence under M.R.U. Crim. P. 35(a) or 35(c) is filed within 21 days after entry of judgment, a notice of appeal need not be filed within 21 days after entry of judgment. Instead, a notice of appeal may be filed at any time after the entry of judgment but not later than 21 days after the entry of the order on the motion. A notice of appeal so filed shall be treated as an appeal from both the judgment and the order on the motion, even if the notice of appeal is filed before the trial court has acted on the motion. If a notice of appeal is filed within 21 days after entry of judgment, the subsequent timely filing of one of the motions listed in subparagraphs (A)-(D) does not render ineffective the notice of appeal and preserves for review any claim of error in the order on the motion. A notice of appeal so filed shall be treated as an appeal from both the judgment and the order on the motion. This paragraph does not apply to any motion that is not listed in subparagraphs (A)-(D)

(3) Extradition Appeals. The time within which an appeal may be taken from an order making a final disposition of a petition contesting extradition shall be 7 days after entry into the docket of the order appealed from.

(c)Civil Cases.

(1)Time to File. The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by law.

(2)Time to File Extended by Timely Filing of Certain Motions. If a timely motion:

(A) for judgment as a matter of law under M.R. Civ. P. 50(b); or

(B) to make or amend findings of fact or conclusions of law under M.R. Civ. P. 52(a) or (b); or

(C) for a new trial under M.R. Civ. P. 59; or

(D) to alter or amend the judgment, including a motion for reconsideration of the judgment under M.R. Civ. P. 59; or

(E) for reopening or reconsideration before the Public Utilities Commission pursuant to its rules of practice is filed within the time allowed by statute or rule after entry of judgment, a notice of appeal need not be filed within 21 days after entry of judgment. Instead, a notice of appeal may be filed at any time after the entry of judgment but not later than 21 days after the entry of the order on the motion. A notice of appeal so filed shall be treated as an appeal from both the judgment and the order on the motion, even if the notice of appeal is filed before the trial court or the Public Utilities Commission has acted on the motion. If a notice of appeal is filed within 21 days after entry of judgment, the subsequent timely filing of one of the motions listed in subparagraphs (A)-(D) does not render ineffective the notice of appeal and preserves for review any claim of error in the order on the motion. A notice of appeal so filed shall be treated as an appeal from both the judgment and the order on the motion. This paragraph does not apply to any motion that is not listed in subparagraphs (A)-(D)

(d)Extension of Time. Except when prohibited by statute:

(1)Twenty-One Days. Upon a showing of good cause, the trial court may, before or after the time has expired, with or without motion and notice, extend the time for filing the notice of appeal otherwise allowed for a period not to exceed 21 days from the expiration of the original time for filing an appeal prescribed by Rule 2B(b) or 2B(c).

(2)One Hundred Forty Days. An extension of the time to file the notice of appeal exceeding 21 days, but not exceeding 140 days, from the expiration of the original time for filing an appeal prescribed by Rule 2B(b) or 2B(c) may be granted by the trial court on a motion with notice only upon a showing that (A) the trial court clerk, although required to do so, failed to send notice of the entry of judgment to the moving party; and (B) the moving party did not otherwise learn of the entry of judgment; and (C) any other party will not be unfairly prejudiced by the extension of time to file the notice of appeal.

Me. R. App. P. 2B

Adopted June 6, 2017, effective 9/1/2017; amended July 13, 2022, effective 7/13/2022.

Restyling Notes - June 2017

Rule 2B (Former Rule 2(b) ) relating to calculation of the time to file an appeal has been subject to significant editing and addition of many separations and internal numbering, with some editing for clarification. Of particular note, the motions which can cause the time to file an appeal to be extended in criminal or civil appeals are each separated out for easy identification.

Rule 2B(a)(2) is added, indicating that a party who is present in court when a particular final judgment or other court action is announced by the court or who, while at the courthouse after the court's announcement, signs a document signifying acknowledgment of the court's action, is presumed to have learned of the entry the judgment at that time. This amendment is added to minimize claims of lack of knowledge of entry of judgments at later times when appeal deadlines may have been missed and parties seek to either reopen or collaterally attack a judgment.

Former Rules 2(b)(2) and 2(b)(3), restyled as Rules 2B(b) and 2B(c), are amended to clarify that there is no need to file a notice of appeal from an original judgment while certain post-judgment motions, if timely filed, are pending in the trial court. A notice of appeal can instead be taken from the order on that post-judgment motion, within 21 days after its entry, and that single notice of appeal will be treated as an appeal from both the original judgment and the post-judgment order. In the alternative, a notice of appeal can be filed within 21 days after the entry into the docket of the original judgment, and the subsequent timely filing of certain post-judgment motions does not render ineffective the previously filed notice of appeal. The previously filed notice of appeal preserves for review any claim of error in the original judgment and in the order on the post-judgment motion.

The provision in former Rule 2(b)(3) regarding cross-appeals is moved to Rule 2C.

Former Rule 2(b)(4) is removed, and the content is instead made part of Rules 2B(b) and 2B(c).

Advisory Committee Note - July 2022

Rule 2B(b)-(c) is amended to make clear that when a party timely files certain post-judgment motions, the period for filing a notice of appeal is extended to 21 days after the entry of the order disposing of the post-judgment motions. In other words, a party that timely files any of the post-judgment motions listed in paragraphs (b)(2) or (c)(2) within 21 days of the entry of judgment may file one notice of appeal at any time after the entry of judgment but not later than 21 days after the entry of the order on the post-judgment motions, and the notice of appeal will be treated as an appeal from both the judgment and the order.