FILING THE RECORD WITH THE LAW COURT

Maine Rules of Appellate Procedure

Rule: 6

Jurisdiction: ME

Bluebook Citation: Me. R. App. P. 6

(a) Filing the Record. (1) Twenty‐Eight‐Day Retention Period. After receipt of a notice of appeal and, when required, the requisite fee or waiver of payment of fees, the trial court clerk shall transmit the trial court record to the Clerk of the Law Court no earlier than 28 days and no later than 35 days after the filing of the notice of appeal. The 28-day period does not apply to extradition appeals. The trial court clerk shall file the trial court record in an extradition appeal with the Clerk of the Law Court within 7 days following the filing of the notice of appeal. (2) Effect of Certain Post‐Judgment Motions. If, during the 28 days following the filing of the notice of appeal, a timely post-judgment motion listed in Rule 2B(b)(2) or 2B(c)(2) is filed, the trial court clerk shall not transmit the trial court record to the Clerk of the Law Court until the trial court has acted on the motion. The trial court clerk shall file the trial court record with the Clerk of the Law Court no later than 7 days after the entry of the order on that post- judgment motion. (3) Temporary Retention of the Record by Order of the Trial Court. Notwithstanding the provisions of subsections (1) and (2) of this Rule, if the record or any part thereof is required in the trial court for use pending the appeal, the trial court may order, or the parties may stipulate, that the clerk of the trial court shall retain the record or parts thereof, subject to the request of the Law Court. Upon entry of such an order or stipulation, the trial court clerk shall transmit to the Clerk of the Law Court a copy of the order or stipulation. Upon filing in the Law Court of the brief of the appellee, or at such earlier time as the parties may agree or the Law Court may order, the appellant shall request the clerk of the trial court to transmit the record to the Clerk of the Law Court. (4) Record for Preliminary Hearing in the Law Court. If prior to the time the record is transmitted, a party desires to file and have considered a motion in the Law Court for dismissal, for a stay pending appeal, or for any intermediate order, the clerk of the trial court, at the request of any party, shall transmit to the Law Court such parts of the original record as any party shall designate. 26 (b) Contents of the Record. The trial court clerk’s record shall include a copy of the complete docket entries and originals of the following, or, if the Maine Rules of Electronic Court Systems apply, the following as they appear in the electronic case file: any opinion, order, or judgment by the trial court; the pleadings; motions and list of retained exhibits; actions correspondence between the parties and the trial court; the verdict or the findings of fact and conclusions of law, together with the direction for the entry of judgment thereon; and the notice of appeal with the date of filing. thereon; documentary exhibits; a When more than one appeal is taken following a single trial or hearing, a consolidated trial court clerk’s record shall be prepared. “Documentary exhibits” include papers, maps, photographs, videos, digital images, diagrams, CDs, DVDs, flash drives, and other similar materials. If a documentary exhibit can be easily and inexpensively reproduced, a copy thereof shall be retained by the clerk of the trial court. Exhibits that consist of tangible objects, such as weapons, articles of clothing, liquids, computers, hard drives, or other electronic devices shall be retained by the clerk of the trial court, except upon order of the Law Court. If a documentary exhibit, other than a trial court transcript or a record of an administrative proceeding originally appealed to the trial court, is of unusual bulk or weight, it shall be retained by the clerk of the trial court, except upon order of the Law Court. Any party that qualifies for appointed counsel may have one copy of the trial court clerk’s record without charge. (c) (1) Filing of Reporter’s Transcript. Unless the Law Court otherwise directs, within 56 days after the filing of the notice of appeal, the reporter shall file the reporter’s transcript, reproduced in accordance with M.R. Civ. P. 5(i)(2), with the Clerk of the Law Court, furnish copies to the parties, and email an electronic copy of the transcript in native .pdf format to the Clerk of the Law Court at the email address that the Clerk of the Law Court designates. (2) Delayed Filing of Transcript. If the reporter anticipates that the 56-day time limit will not be met, the reporter shall file an application with the 27 Clerk of the Law Court requesting additional time at least five days before the expiration of the 56-day time limit. The Clerk of the Law Court is authorized to grant reasonable enlargements of time. Notwithstanding this or any other provision of these Rules, the party ordering the transcript shall exercise due diligence to assure its timely filing. (d) Electronic Records. (1) If an appeal from an administrative agency decision is filed directly with the Law Court, and the administrative record is prepared only in electronic or digital format, without a printed or paper copy of the record, the record filed with the Law Court shall include a printed or paper index to each separate document or item in the record, and the electronic or digital record itself shall include a search feature permitting searches for documents or items in the record by index number or title and by key words within the document. (2) An electronic or digital record shall be submitted by use of a CD, DVD, flash drive, or hard drive, with the record submitted in two identical electronic or digital copies by whatever means submitted. The copies of the record shall be in a format that allows them to be read as .pdf documents or is otherwise compatible with Maine Judicial Branch computer systems for reading documents.

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