Me. R. App. P. 24

As amended through February 27, 2023

Rule 24 - REPORT OF CASES

(a)Report by Agreement of Important or Doubtful Questions. When the trial court is of the opinion that a question of law presented to it is of sufficient importance or doubt to justify a report to the Law Court for determination, it may so report when:

(1) all parties appearing agree to the report;

(2) there is agreement as to all facts material to the appeal; and

(3) the decision thereon would, in at least one alternative, finally dispose of the action.

(b) [Reserved]

(c)Report of Interlocutory Rulings. If the trial court is of the opinion that a question of law involved in an interlocutory order or ruling made by it ought to be determined by the Law Court before any further proceedings are taken, it may on motion of the aggrieved party report the case to the Law Court for that purpose and stay all further proceedings except such as are necessary to preserve the rights of the parties without making any decision therein.

(d) Determination by the Law Court. Any action reported pursuant to this Rule shall be entered in the Law Court and proceed as any other appeal, with the plaintiff or the party aggrieved by a reported interlocutory ruling being treated as the appellant. In a civil case, the appellant shall pay the fee for filing of a notice of appeal promptly following entry of the order of report.

Me. R. App. P. 24

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

Advisory Notes - January 1, 2001

Rule 24 relating to report of cases, tracks very closely M.R. Civ. P. 72 and M.R.U. Crim. P. 37A. In civil cases, the appeal fee must be paid "promptly" after entry of the order of report. Subdivision (b), relating to report on agreed facts does not have a comparable provision in M.R.U. Crim. P. 37A. However, there appears no good reason not to make availability of a report on agreed facts equal for criminal and civil cases.

Advisory Notes - September 10, 2001

These amendments to subdivisions (a) and (b) clarify somewhat archaic language that was carried over from former M.R. Civ. P. 72(a) and (b).

Restyling Notes - June 2017

In current Rule 24 regarding report of cases, Rule 24(a) and (b) are essentially duplicative. Current Rule 24(a) purports to address important or doubtful questions of law; current Rule 24(b) purports to address issues of law relating to agreed facts. However, both address reports of what were essentially questions of law. In the restyling, current Rule 24(a) is reorganized, without substantive change, and the duplication in current Rule 24(b) is eliminated. Rule 24(c) addresses reports when parties may not be in agreement on the report of the interlocutory ruling. When facts are not in dispute, the matter can be submitted to the Law Court on report, assuming it otherwise qualifies for consideration. If there are any material facts in dispute, the matter cannot be referred to the Law Court until the factual disputes have been resolved by a final judgment in the trial court.