(a) Briefing Schedule. Upon determining that the record on appeal is complete, the Clerk of the Law Court shall promptly send to each counsel of record and each party that is not represented by counsel a written notice stating (1) the dates on which the appellant’s brief, the appellee’s brief, and the appendix are due to be filed and served on the other parties; and (2) the number of days after the filing of the appellee’s brief within which the appellant’s reply brief, if any, is due to be filed and served on the other parties. The due dates stated in the notice for briefing, filing the appendix, and consideration are not affected by any later transcript order, procedural motion, or court order unless the Law Court orders otherwise. 28 (b) Time for Filing Briefs. (1) Track A Appeals. In a Track A appeal, the appellant shall file the appellant’s brief within 28 days (4 weeks) after the date that the record on appeal is complete. The appellee shall file the appellee’s brief within 56 days (8 weeks) after the date that the record on appeal is complete, and the appellant may file a reply brief within 14 days (2 weeks) after the date that the appellee’s brief is filed. An appeal is a Track A appeal if it results from a trial court judgment that: (A) determines jeopardy pursuant to 22 M.R.S. § 4035; (B) terminates parental rights pursuant to 22 M.R.S. § 4055 or 18-C M.R.S. § 9-204; (C) grants a decree of adoption pursuant to 18-C M.R.S. § 9-308; (D) grants, modifies, or denies the termination of, a guardianship of a minor pursuant to 18-C M.R.S. §§ 5 201 to 5-212; (E) grants, modifies, or denies the termination of, a guardianship of an adult pursuant to 18-C M.R.S. §§ 5-301 to 5-319; (F) establishes or changes contact between a parent and child pursuant to 19-A M.R.S. § 1653(2) or (10); (G) establishes, disestablishes, or denies the establishment of, the parentage of a child pursuant to the Maine Parentage Act, 19-A M.R.S. §§ 1831-1939; (H) grants rights of visitation or access to a minor child pursuant to the Grandparents and Great-grandparents Visitation Act, 19-A M.R.S. §§ 1801-1806; (I) orders the involuntary commitment of a person to any institution, hospital, facility, or program listed in 34-B M.R.S. § 3801; 29 (J) orders the involuntary medication or medical treatment of a person pursuant to 15 M.R.S. §§ 106, 107; 22 M.R.S. § 4071; 34-A M.R.S. § 3049; or 34-B M.R.S. §§ 3864, 3873-A; (K) determines that a criminal defendant is not criminally responsible by reason of insanity in accordance with 17-A M.R.S. § 39; (L) resolves an appeal from the denial of a request made pursuant to the Freedom of Access Act, 1 M.R.S. §§ 400-414; (M) results in a juvenile adjudication or disposition pursuant to 15 M.R.S. §§ 3310 or 3314; or (N) either binds or does not bind a juvenile over for prosecution as an adult pursuant to 15 M.R.S. § 3101(4). (2) Track B Appeals. In an appeal from a trial court judgment that does not fall within Track A, the appellant shall file the appellant’s brief within 56 days (8 weeks) after the date that the record on appeal is complete. The appellee shall file the appellee’s brief within 105 days (15 weeks) after the date that the record on appeal is complete, and the appellant may file a reply brief within 21 days (3 weeks) after the date that the appellee’s brief is filed. (3) Extensions of Time. No extensions of time for filing a brief shall be granted except (A) pursuant to Rule 12A(b)(1)(A), (B) when preparation of the brief requires review of transcripts from more than five days of trial testimony and/or more than 2,000 pages of documentary exhibits first presented to the court from which the appeal is taken, or (C) upon a showing of a significant and unanticipated emergency that prevents a timely filing of a brief. (4) Expediting Appeals. If a party to an appeal wishes to expedite the appeal, that party may file a motion for expedited consideration of the appeal, following the requirements for motion practice contained in Rule 10. The motion shall (A) state the reasons why an expedited appeal is requested; (B) propose a schedule for due dates for filing the briefs and the appendix that allows the non-moving party or parties no less time than the moving party to meet the proposed briefing and appendix filing due dates; and (C) represent that the moving party has contacted the non-moving party or parties, and 30 indicate whether the non-moving party or parties support or oppose the motion for expedited consideration of the appeal. (c) Method of Filing and Serving Briefs. (1) A brief must be filed electronically, on or before the date on which the brief is due, as provided in Rule 1D(c). (2) Simultaneously with the electronic filing of the brief, the party filing the brief must serve a copy of it on each of the other parties as provided in Rule 1E. A paper copy of the brief served as provided in this paragraph need not have a cover or be bound. (3) The Clerk of the Law Court will review the contents and formatting of the electronically filed brief and will notify the parties via email whether the Clerk approves or rejects the electronically filed brief, along with a description of any deficiencies in the brief. If the Clerk rejects the electronically transmitted version of the brief, the filer must electronically file a corrected version of the brief within 7 days after the Clerk sends the email rejecting the brief. The corrected version must contain the changes necessary to remedy the deficiencies noted by the Clerk but may not contain any other changes from the rejected brief. (4) If the Clerk of the Law Court approves the electronically filed brief, the filer must file, within 7 days after the Clerk’s emailed approval, 10 printed copies of the brief and must simultaneously serve one printed copy of the brief on each other party to the appeal. (5) The Clerk of the Law Court may relieve a party of the requirement of filing a pdf version of the brief and require that printed copies of the brief be filed and served on or before the date that the brief is due to be filed electronically. (d) Consequence of Failure to File Briefs. If an appellant fails to comply with this Rule, the Law Court may dismiss the appeal for want of prosecution. If an appellee fails to comply with this Rule, and if oral argument is scheduled, the appellee will not be heard at oral argument except by permission of the Law Court. 31 (e) Scheduling of Consideration. All appeals shall, unless the Law Court otherwise directs, be in order for oral argument or other consideration 21 days after the date on which the appellee’s brief is due to be filed or is filed, whichever is earlier.
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