Me. R. App. P. 3

As amended through September 25, 2024

Rule 3 - [Effective 11/1/2024] DOCKETING THE APPEAL AND FURTHER TRIAL COURT ACTION

(a)Docketing the Appeal.

(1)Trial Court Docketing. Upon receipt of the signed notice of appeal and, when required, the requisite fee or waiver, the trial court clerk shall mark the case "Law" on the docket. The trial court clerk shall then transmit a copy of the notice of appeal together with a copy of all docket entries to the Clerk of the Law Court.

(2)Law Court Docketing. Upon receipt of the copies of the notice of appeal and the docket entries, the Clerk of the Law Court shall forthwith (A) docket the appeal; (B) send each party of record a written notice of the docketing, the Law Court docket number, and the date within which the record on appeal and the reporter's transcript must be filed; and (C) send each party who is not represented by an attorney a form, with accompanying instructions, for the party to opt in to receiving service of documents electronically.

(b)Further Trial Court Action Limited. The trial court shall take no further action pending disposition of the appeal by the Law Court except as provided in Rules 3(c) and (d) of these Rules.

(c)Trial Court Action Without Leave of the Law Court. The trial court is permitted, during the pendency of the appeal and without leave of the Law Court, to take the following action:

(1)Criminal Cases. In criminal cases, to dispose of any post-judgment motion filed within 21 days after entry of judgment pursuant to one of the rules enumerated in Rule 2B(b)(2); to appoint counsel for an indigent defendant; to grant a stay of execution and set or revoke bail pending appeal; and to conduct proceedings either for a new trial or for the correction or reduction of a sentence pursuant to M.R.U. Crim. P. 35(a) or (c);

(2)Civil Cases. In civil cases, to dispose of any post-judgment motion filed pursuant to one of the rules enumerated in Rule 2B(c)(2) of these Rules; as provided in M.R. Civ. P. 27(b), 54(b)(3), 60(a), 62(a), 62(c), and 62(d); and as provided in Rule 5(e) of these Rules;

(3)Child Protection Cases. In child protection cases, to continue case review and processing as required by law; and

(4)Certain Interlocutory Appeals. The trial court is permitted to act on a case pending resolution of any appeal of an order approving, dissolving or denying an attachment or trustee process, a discovery order, a temporary restraining order or preliminary injunction; or an order granting or denying a motion for summary judgment or a motion to dismiss that does not resolve all pending claims.

Any party moving for trial court action permitted by this Rule may include, in its motion to the trial court, a request that the clerk of the trial court temporarily retain some or all of the trial court record as provided by Rule 6(a)(3) of these Rules, or retrieve the same from the Clerk of the Law Court, if necessary for the requested trial court action.

(d) Trial Court Action With Leave of the Law Court. A party may, during the pendency of an appeal, file a motion in the Law Court to permit a specific trial court action that is not already permitted by Rule 3(c) of these Rules. The moving party shall include, in its motion to the Law Court, the reason for the request for trial court action and shall attach to the Law Court motion the proposed trial court motion.

Me. R. App. P. 3

Adopted June 6, 2017, effective 9/1/2017; amended September 25, 2024, effective 11/1/2024.

Advisory Committee Note - November 2024

Rule 3(a)(2) is amended to include a requirement that the Clerk of the Law Court "send each party who is not represented by an attorney a form, with accompanying instructions, for the party to opt in to receiving service of documents electronically."

Restyling Notes - June 2017

Rule 3 is amended to add significant clarification and separations. This revision clarifies that the trial court retains authority to act as provided by Rule 3(c) without leave of the Law Court. Rule 3(d) is added to outline the procedure for seeking leave of the Law Court to permit trial court action not otherwise permitted by Rule 3(c).

In Rule 3(b)(4), a ruling on a motion to dismiss that does not resolve all pending claims is added to the list of trial court orders from which an appeal may be taken without causing the trial court to cease action on the matter pending resolution of the appeal. The change results in rulings on motions to dismiss being treated the same as rulings on motions for summary judgment 26 that are already addressed in the Rule. Adding the reference to motions to dismiss creates no approval for interlocutory appeals. It only notes that while such interlocutory appeals are pending, trial court consideration of the case can continue.

[Advisory Notes to Rule 3 of former Maine Rules of Appellate Procedure]

Advisory Note - August 2015

Because of the adoption of the Maine Rules of Unified Criminal Procedure, effective throughout the State of Maine as of July 1, 2015, all references and citations to the Maine Rules of Criminal Procedure have been replaced with references and citations to the Maine Rules of Unified Criminal Procedure.

Advisory Note - July 2012

Rule 3(a) is amended to make clear the need for payment of the filing fee in those cases where a filing fee is required. This requirement is also discussed in M.R. App. P. 2(a)(1) and (4), M.R. App. P. 2(b)(3), and M.R. Civ. P. 5(f).

Advisory Notes - January 1, 2001

Rule 3(a) governs docketing of appeals in the Law Court. It is derived from M.R. Civ. P. 73(f) and M.R. Crim. P. 37(d). Upon receipt of a notice of appeal, the trial court clerk must docket the appeal and then transmit a copy of the notice plus a copy of all present docket entries to the Clerk of the Law Court. The case will also be marked "Law" on the docket of the trial court. Separately, it should be noted that pursuant to Rule 2(a)(5) the clerk must also send a copy of any transcript order form required to be filed with the notice of appeal to the Clerk of the Law Court. Upon receipt of the copies of the notice of appeal and the docket entries, the Clerk of the Law Court must docket the appeal and then send each party of record a written notice of the docketing, the Law Court docket number, and the date within which the record on appeal and reporter's transcript must be filed.

Rule 3(b) reflects current practice as stated in M.R. Civ. P. 73(f) and M.R. Crim. P. 37(d) that, once the appeal is docketed by the marking of "Law" on the trial court docket, generally trial courts should take no further action in the matter pending disposition of the appeal by the Law Court. There are certain stated exceptions to this rule for both criminal and civil cases, and those exceptions are outlined in subparagraphs 1, 2, 3, and 4 of Rule 3(b). Subparagraph 1 applies to criminal cases. Subparagraph 2 applies to civil cases. Subparagraph 3 applies to child protective cases and recognizes the statutory requirements that processing of these cases continue while appeals are pending. Subparagraph 4 applies to all cases. The last sentence of the Rule separately excepts from application of the "no further action" rule, appeals from orders listed in the sentence.