MOTIONS AND OTHER PAPERS IN THE LAW COURT

Maine Rules of Appellate Procedure

Rule: 10

Jurisdiction: ME

Bluebook Citation: Me. R. App. P. 10

(a) Motions. (1) General Requirements. Unless another form is prescribed by these Rules, an application to the Law Court for an order or other relief shall be by motion, shall state with particularity the grounds therefor, and shall set forth the order or relief sought, and shall be signed in a manner authorized by Rule 1C. Supporting papers shall be served and filed with the motion. Motions and supporting papers shall be typewritten and shall conform to Rule1D(d). (2) Notification; Disclosure of Opponent’s Position. A motion must state (A) that the movant has notified opposing counsel and unrepresented parties, including any incarcerated unrepresented parties, or why the movant was unable to do so; (B) opposing counsel’s and unrepresented parties’ positions on the relief requested; and (C) whether any opposing counsel or unrepresented party intends to file a response to the motion. (3) Notification of Party by Counsel; Indication of Notification. Any motion filed by counsel representing a party in an appeal that seeks an extension of time or a delay of more than 7 days or that seeks a continuance of any scheduled hearing, oral argument, or other court proceeding, shall indicate that the party represented by counsel filing the motion has been notified of the 44 filing of the motion, and in fact the party represented by counsel shall be notified by counsel of the filing of the motion. (4) Emergency Motions. A motion seeking emergency or expedited relief must (A) be preceded by as much advance notice of the intent to file the motion as possible to the clerk, other counsel, and other unrepresented parties; (B) be labeled “Emergency Motion”; (C) if filed electronically contain the words “Emergency Motion” in the subject line of the email; (D) state the nature of the emergency and the harm that the movant will suffer if the motion is not granted; and (E) state the date by which the movant believes the Law Court must act. (5) Motions for Reconsideration of Orders. A motion for reconsideration of an order of the Law Court, or of a single justice acting on behalf of the Court pursuant to subsection (4) above, shall not be filed except to bring to the Court’s attention an error, omission, or new material that could not previously have been presented. A motion to reconsider an order that dismisses or otherwise disposes of an appeal shall be filed with the Clerk of the Law Court within 14 days after the date of the order. No response to a motion for reconsideration of an order shall be filed unless requested by the Law Court. (b) Action on Motions. The Chief Justice, or another Justice designated by the Chief Justice, may act on motions on behalf of the Court, or may refer motions to the entire Court. All motions will be acted on without oral argument unless otherwise ordered. Motions may be acted upon at any time, without waiting for a response thereto. Motions will not necessarily be granted even though assented to by other parties. (c) Responses. Any party that plans to file a response to a motion shall do so within 14 days after the motion is filed. The Law Court may shorten or extend the time for responding to any motion and may act on a motion before 45 receiving any response. Any supporting papers shall be served and filed with the response. Responses and supporting papers shall be typewritten and shall conform to Rule 1D(d).

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