TIME FOR APPEAL

Maine Rules of Appellate Procedure

Rule: 2B

Jurisdiction: ME

Bluebook Citation: Me. R. App. P. 2B

(a) (1) Time of Entry of Judgment. A judgment or order is entered within the meaning of this Rule when it is entered into the docket. A notice of appeal filed after a verdict or an order, finding, or judgment of the court, but before entry in the docket shall be treated as filed on the date of entry into the docket. (2) Knowledge of Judgment Presumed. A party shall be presumed to have learned of the entry of a judgment if that party, or an attorney representing that party, was present in open court when a judgment, verdict, ruling on a motion, or sentence was announced, or if that party, at the courthouse, signed a document, such as a sentencing document, a disclosure order, or other document acknowledging the entry of final judgment in the proceeding. (b) Criminal Cases. (1) Time to File. Except for extradition appeals addressed in Rule 2B(b)(3), the time within which an appeal may be taken in a criminal case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by law. (2) Time to File Extended by Timely Filing of Certain Motions. If a timely motion for: 15 (A) arrest of judgment under M.R.U. Crim. P. 34; or (B) judgment of acquittal after verdict under M.R.U. Crim. P. 29; or (C) a new trial under M.R.U. Crim. P. 33; or (D) correction or reduction of sentence under M.R.U. Crim. P. 35(a) or 35(c) is filed within 21 days after entry of judgment, a notice of appeal need not be filed within 21 days after entry of judgment. Instead, a notice of appeal may be filed at any time after the entry of judgment but not later than 21 days after the entry of the order on the motion. A notice of appeal so filed shall be treated as an appeal from both the judgment and the order on the motion, even if the notice of appeal is filed before the trial court has acted on the motion. If a notice of appeal is filed within 21 days after entry of judgment, the subsequent timely filing of one of the motions listed in subparagraphs (A)-(D) does not render ineffective the notice of appeal and preserves for review any claim of error in the order on the motion. A notice of appeal so filed shall be treated as an appeal from both the judgment and the order on the motion. This paragraph does not apply to any motion that is not listed in subparagraphs (A)-(D). (3) Extradition Appeals. The time within which an appeal may be taken from an order making a final disposition of a petition contesting extradition shall be 7 days after entry into the docket of the order appealed from. (c) Civil Cases. (1) Time to File. The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by law. (2) Time to File Extended by Timely Filing of Certain Motions. If a timely motion: (A) for judgment as a matter of law under M.R. Civ. P. 50(b); or 16 (B) to make or amend findings of fact or conclusions of law under M.R. Civ. P. 52(a) or (b); or (C) for a new trial under M.R. Civ. P. 59; or (D) to alter or amend the judgment, including a motion for reconsideration of the judgment under M.R. Civ. P. 59; or (E) for reopening or reconsideration before the Public Utilities Commission pursuant to its rules of practice is filed within the time allowed by statute or rule after entry of judgment, a notice of appeal need not be filed within 21 days after entry of judgment. Instead, a notice of appeal may be filed at any time after the entry of judgment but not later than 21 days after the entry of the order on the motion. A notice of appeal so filed shall be treated as an appeal from both the judgment and the order on the motion, even if the notice of appeal is filed before the trial court or the Public Utilities Commission has acted on the motion. If a notice of appeal is filed within 21 days after entry of judgment, the subsequent timely filing of one of the motions listed in subparagraphs (A)-(E) does not render ineffective the notice of appeal and preserves for review any claim of error in the order on the motion. A notice of appeal so filed shall be treated as an appeal from both the judgment and the order on the motion. This paragraph does not apply to any motion that is not listed in subparagraphs (A)-(E). (d) Extension of Time. Except when prohibited by statute: (1) Twenty‐One Days. Upon a showing of good cause, the trial court may, before or after the time has expired, with or without motion and notice, extend the time for filing the notice of appeal otherwise allowed for a period not to exceed 21 days from the expiration of the original time for filing an appeal prescribed by Rule 2B(b) or 2B(c). (2) One Hundred Forty Days. An extension of the time to file the notice of appeal exceeding 21 days, but not exceeding 140 days, from the expiration of the original time for filing an appeal prescribed by Rule 2B(b) or 2B(c) may be granted by the trial court on a motion with notice only upon a showing that (A) the trial court clerk, although required to do so, failed to send notice of the entry of judgment to the moving party; and (B) the moving party 17 did not otherwise learn of the entry of judgment; and (C) any other party will not be unfairly prejudiced by the extension of time to file the notice of appeal.

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