Appeals

Overview

In Maine, in most types of cases, each party has the right to appeal the decision to a different court. The party filing an appeal is called the “appellant."

  • In small claims and Forcible Entry and Detainer or FED (eviction) cases, appeals are heard in Superior Court.
  • In other types of cases, appeals may be taken to the Supreme Judicial Court. The Supreme Judicial Court is called the “Law Court” when it is hearing an appeal.

The issues heard on appeal are limited to questions of law considered in the trial court. A trial judge's decision about what the law is or whether to admit testimony is generally reviewable, but a jury's (or judge's) decision to believe or disbelieve properly admitted evidence is reviewable only for abuse of discretion or insufficiency of evidence.

Before Filing an Appeal

Consider the following before deciding to file an appeal:

  • A party considering an appeal should try to consult with an attorney before going forward to see whether there is a good case for appeal, especially before appealing a case to the Law Court.
  • In most cases, an appeal cannot be filed until the trial court has made a final decision. There are exceptions, but they are unusual. If an appeal is made while the case is still pending in the trial court, it may be dismissed as premature.
  • An appeal can cost hundreds of dollars, even without an attorney. An appellant may not qualify for a waiver of fees and costs.
  • An appeal is not a chance for a new trial. New information cannot be submitted. The Law Court considers what happened in the trial court (the court that issued the order or judgment that is being appealed).
  • An appeal must follow court rules. If it does not, it may be dismissed.

Deadlines

An appeal must be filed within 21 days of the date the court enters the judgment or order that is being appealed. If filed after 21 days, the appeal will be dismissed.

If more time is needed, the appellant must file a motion with the trial court (not the Law Court) to ask for up to 21 additional days.

Both sides in the case may file an appeal. If one side appeals, the other side must file their appeal within 14 days after the other side has filed.

Forms and Fees

The following must be filed in the trial court (not the Law Court) to start an appeal:

  1. Notice of Appeal (form CV-CR-162)
  2. Transcript and Audio Order Form (form CV-CR-165)
  3. Filing Fee (check Administrative Order JB-05-26 (A. 3-26) for a list of fees or ask the trial court clerk for the correct filing fee. If unable to pay the fee, file An Application to Proceed Without Payment of Fees (form CV-067) with the trial court when the appeal is filed.)

Court forms may be found on the Forms page of the website. Forms are also available from the trial court clerk.

Transcript

A transcript (a printed version of what was said and what happened in the trial, which was recorded by the trial court either electronically or by a court reporter), must be submitted to the Law Court as part of an appeal.

In appeals of criminal and child protection cases, if the appellant cannot afford a transcript, a request to have the cost waived (form CV-067) can be made.
 
File the transcript order form with the appeal. The Judicial Branch Office of Transcript Operations or the Court Reporter will provide a cost estimate for the transcript. The cost must be paid in full by the due date.

The appellant will receive a copy of the transcript when it is done, and the transcript office will send one to the Law Court.

In appeals of civil cases (other than child protection cases), if the appellant cannot afford a transcript and the trial was recorded electronically, a free audio CD may be requested instead of a transcript.

Next Steps

Brief

  1. After the Law Court receives the trial court record AND the transcript, the Law Court will send the parties a briefing schedule.  The appellant writes a “brief” to the Law Court to explain why they think there was an error in the trial court’s decision.  The brief must have:
    • A table of contents,
    • A statement of the facts of the case,
    • The appellant’s arguments as to why the trial court made an error in the case as to the facts, the law, or both, and
    • References to laws and other case decisions that support the appellant’s position.
  2. File ten copies of the appellant’s brief with the Law Court. Give two copies of the brief to the other side.

Appendix

  1. The appellant must also file an “appendix” with the brief.
  2. The appendix must have:
    • A table of contents,
    • The docket record from the trial court (get from the trial court clerk),
    • A copy of trial court decision,
    • A copy of the document that started the case (the complaint), and
    • Any other documents from the case that the appellant thinks the Law Court needs to have to be able to decide the issues in the appeal.
    • The appellant cannot submit new documents to the Law Court.  Documents must be from the case in the trial court.
  3. File eight copies with the Law Court.  Give one copy to the other side.

The Clerk of the Law Court will provide the appellant with more information on the brief and appendix.

Court’s Consideration of the Appeal

After getting all the documents from both sides, the Law Court will decide whether to request “oral argument.” Oral argument is an opportunity to explain the case to the Law Court, not to call witnesses or present new evidence. Most appeals do not have oral argument and are considered only on the written briefs.

Decision

After holding an oral argument or considering the case only on the briefs, the Law Court will make a decision in the case and let the trial court and both sides know what the decision is.