Me. R. App. P. 7
An appeal is a Track A appeal if it results from a trial court judgment that:
Me. R. App. P. 7
Advisory Committee Note - November 2024
Rule 7(a) is amended to (1) make clear that briefs must be served on the same date that they are filed and (2) require the briefing schedule to provide the number of days after the filing of the appellee's brief within which the appellant's reply brief must be filed and served, rather than providing a specific date.
Rule 7(c) adopts a new procedure for the filing and serving briefs. The new procedure is intended to ensure that briefs substantially comply with the rules and to make the process for rejecting and replacing briefs quicker, more efficient, and less expensive, mostly by reducing the number of motions to enlarge the time to file documents that are completed at the last minute, removing the need for formal Court orders rejecting briefs, and removing the need to reprint documents that are filed on paper and then rejected.
The new procedure is based on the local rules of the United States Court of Appeals for the First Circuit. A party's brief must be filed and served electronically (and served on paper to an unrepresented party who has not opted in to electronic service) by the due date. The Clerk of the Law Court will then review the brief to ensure that it substantially complies with the applicable rules. If the Clerk rejects a brief, the party must file a corrected version within 7 days. If the Clerk approves a brief, the party must file and serve the required number of paper copies within 7 days after the Clerk's approval. The Clerk may relieve a party of the requirement to file the brief electronically, and it is expected that the Clerk will do so for any unrepresented party who is unable to file a brief electronically, such as incarcerated parties and parties who do not have access to computers or email.
Advisory Committee Note - July 2022
In addition to minor restyling, Rule 7(b) is amended to replace citations to former Title 18-A with citations to Title 18-C, allow appeals of orders that modify guardianships to qualify as Track A appeals, strike the reference to "de facto parenthood" because it is already included within the meaning of "parentage," replace the term "individual" with "person," correct the short title of the Grandparents and Great-grandparents Visitation Act, clarify that an appeal of an order involuntarily committing a person to any facility listed in 34-B M.R.S. § 1851 qualifies as a Track A appeal, include appeals from judgments ordering involuntary medical treatment, strike the reference to "agency" where the Freedom of Access Act broadly applies to public proceedings held by bodies other than agencies, add statutory citations, and replace the disfavored "et seq." abbreviation with citations to a range of statutes.
Advisory Note - October 2021
Rule 7(b) is amended to add appeals of bind-over decisions in juvenile criminal matters to the list of appeals subject to expedited briefing and to correct the statutory reference to juvenile adjudication and disposition proceedings.
Advisory Note - June 2019
This amendment, recommended by the Advisory Committee on the Maine Rules of Appellate Procedure, adds appeals of a juvenile adjudication or disposition to the list of appeals subject to expedited briefing.
Restyling Notes - June 2017
The adjustments to Rule 7 follow the editing and internal numbering practices of the rules restyling effort.
The Rule 7 amendments also include a number of substantive changes:
In Rule 7(b)(1), the Track A briefing schedule is expanded to include appeals from any parentage proceeding defined in the Maine Parentage Act at 19-A M.R.S. §1834. The change extends the Track A coverage to paternity determinations and may also cover a few parental rights determinations not addressed in other parts of the Rule. With this expanded coverage, there is some duplication between subdivision H and other subdivisions in Track A to assure that most matters directly impacting the interests of minor children are covered in Track A.
In Rule 7(b)(1)(F), the Track A briefing schedule is also expanded to include the denial of a termination of an adult guardianship.
Each category in Track A, set forth in Rule 7(b)(1), is given a letter designation, and the time for filing reply briefs is extended from 10 to 14 days to follow the timing practice of using 7 day increments.
In Rule 7(b)(2), for Track B appeals, the briefing schedule is not changed except that the time for filing a reply brief for Track B appeals is extended from 2 weeks to 3 weeks after filing of the appellees brief.
In Rule 7(b)(3)(B), a new category for appeals with extra large trial court records is added to the grounds that may support the granting of an extension of time to file briefs. The extra large record must have been created in the court from which the appeal is taken, not in a previous proceeding that was reviewed by the court from which the appeal is taken. Previous proceedings with large records that would not justify an extension of time to file a brief would include criminal trial records that were reviewed in a post-conviction review proceeding or administrative appeal records that were reviewed in a Rule 80B or 80C proceeding.
The capacity to file a motion to expedite appeals, Rule 7(b)(4), previously limited to Track B appeals, now extends to all appeals. Allowing any party to an appeal to file a motion to expedite the appeal. In addition, the draft rule adds specific standards for filing and consideration of a motion to expedite an appeal.
Rule 7(c) addressing printed and electronic copies of briefs is moved to become restyled Rule 7A(i), placing it more appropriately in the Rule addressing the form of briefs.
[Advisory Notes to Rule 7 of former Maine Rules of Appellate Procedure]
Advisory Note - June 2014
The amendment to Rule 7(b) establishes Track A and Track B appeals, defines the matters that are to be placed on Track A, establishes the time for briefing in appeals on each track, and authorizes motions to expedite an appeal that has been placed on Track B.
Advisory Note - October 2012
The amendment returns the time limit for an appellant to file a reply brief to 14 days after the filing of the appellee's brief. This time limit applied for the first eight years of operation of this Rule and is consistent with Rule 7(e), specifying that any appeal is in order for consideration 14 days after the appellee's brief is filed or is due to be filed, whichever is earlier. The 2009 amendment had created confusion and uncertainty as to when an appeal was in order for Law Court consideration in those instances when an appellee's brief was filed in advance of its filing time limit.
Advisory Note - July 2012
Rule 7(b) is amended to clarify that the indicated time for preparing all briefs runs from the date that the record on appeal is complete, and to notify the parties that the specific filing dates will be listed on the written notice sent by the Clerk of the Law Court.
Rule 7(c)(1) is amended to clarify that printed copies of briefs are what is required. Rule 7(c)(2) is adopted to encourage parties to file an electronic copy of each brief in addition to the required printed copies. The electronic copy is due on the same date as the printed copies, but only receipt of printed copies is considered in determining compliance with the filing deadlines. The Rule permits the Clerk of the Law Court, for good cause, to relieve a party of any of the requirements of paragraph 2, including the requirement that the copy be in pdf format. Good cause might include a party's technical ability to produce a.pdf copy of the brief.
Advisory Note - November 2011
The amendment to Rule 7(b) changes the start of the running of the briefing schedule from the date on which the record is filed in the Law Court, a date that may not be apparent to the parties, to the date stated in the written notice sent to the parties to the appeal by the Clerk of the Law Court indicating that the record on appeal is complete.
Advisory Note - November 2011
Rule 7(a) is amended to (1) establish the completion of the record as the trigger for issuing the briefing schedule, and (2) clarify that once the briefing schedule issues, the dates in it are firm and are not automatically changed by later filings. The reference to completion of the record replaces language stating that the schedule would be issued upon "docketing of the reporter's transcript and the trial court clerk's record." That language was incomplete because there are often multiple transcripts or a transcript and a statement in lieu of a transcript, and there may be alternatives to the clerk's record.
The amendment also adds a sentence providing that a briefing schedule is not affected by a later transcript order, to clarify that once the record is deemed complete, later additions to, or efforts to add to, the record on appeal do not affect the due dates for briefs and the appendix unless the Court otherwise indicates. In the past, some parties have assumed that when they order a new transcript, it means that the record is no longer complete and that the briefing schedule is no longer valid. Because the rules do not permit later additions to the record without leave of court, any untimely transcript order form does not affect the progress of the appeal absent Court order.
Advisory Notes - July 9, 2009
The amendments to Rule 7(a) recognize that many appeals involve one or more unrepresented parties by clarifying language to be consistent with established practice that all parties, not just "counsel," receive notices. The amendments also recognize that Law Court scheduling is no longer tied to terms. Further, with the Court's current workload, it is no longer possible to accurately identify the month in which an appeal may be considered.
The amendment to Rule 7(b) significantly changes briefing schedule practice to (1) extend by three weeks the time to plan, prepare and file the appellant's brief and the appellee's brief; (2) identify a specific date, 105 days (15 weeks) following filing of the record when an appellee's brief is due, and another specific date, 14 days (2 weeks) after the appellee's brief is due for the filing any reply brief; and (3) limit the consideration of motions to extend the time for filing a brief to those few situations when a significant and unanticipated emergency may justify a request for an extension of time.
With the additional three weeks to plan for, prepare and file briefs being allowed to both the appellant and the appellee, the Court will no longer entertain motions to extend time for filing briefs based on poor planning or scheduling, the claimed press of other business or court dates, vacations, school or family events, non-emergency medical procedures and other similar events that now require the Court to consider a very large volume of motions to extend time for filing briefs. It is anticipated that from this point forward, extensions of time to file briefs will be rarely requested and even more rarely granted, and then only in cases of significant and unanticipated emergencies. It would be an unusual case that could demonstrate insufficient opportunity to plan and prepare a brief within the eight week window of time to prepare the appellant's brief and the additional seven week or longer window of time to prepare the appellee's brief. Leaving brief preparation to the last minute will be bad practice, as accommodation of last minute difficulties will be far less likely than in the past.
Specific dates will be identified in the briefing schedule sent by the Clerk of the Law Court. In current practice the time for filing the appellee's brief has been entirely dependent on the time of receipt of the appellant's brief. This made work planning difficult in some busy practices. The change should not result in significant delay in considering most appeals. In recent experience, over 95% of appellants' briefs are filed at or very close to the filing deadline.
Advisory Notes - September 10, 2001
The purpose of this amendment [to Rule 7(b)] is to clarify the briefing schedule and tie it to a specific event, the filing of the record in the Law Court. This is consistent with practice before adoption of these rules and as authorized by former M.R. Civ. P. 75(a).
The amendment to Rule 7(c) clarifies that the copy requirements apply regardless of whether a party is represented or not.
Advisory Notes - January 1, 2001
Rule 7 relating to establishing the briefing schedule follows the language of M.R. Civ. P. 74B and 75, and M.R.U. Crim. P. 39(f) and 39A, combining those two rules regarding the briefing schedule into one.
In subdivision (b), the time for filing briefs is made uniform at 35 days after notice of docketing the record for the appellant's brief and 28 days after service of the appellant's brief for the appellee's brief. The current civil rules provide 40 days for the appellant's brief. The criminal rules provide 30 days for the appellant's brief. Both rules presently provide 30 days for the appellee's brief, that number is being reduced to 28. The 35 day and 28 day figures which are made now uniform for both criminal and civil appeals are intended to adopt the weekly calculation for timing for court unification time period amendments.
Subdivision (c) continues the requirement of filing 10 copies of each brief which presently appear in M.R. Civ. P. 75(b) and M.R.U. Crim. P. 39A(b).
Subdivision (d) is likewise similar to subdivision (c) of the current counterpart rules.
Subdivision (e) is changed from the current counterparts in M.R. Civ. P. 75 and M.R.U. Crim. P. 39A to add the words "or other consideration" after the words "for oral argument." This change reflects current practice under which many cases are considered by the Law Court on briefs without oral argument. The reference to "other consideration" reflects consideration on briefs in lieu of oral argument. Thus, under subdivision (e), all appeals may be considered by the Law Court either by oral argument or on briefs at any time 14 days after the date on which the appellee's initial brief is due to be filed or is filed, whichever is earlier.