Maine

The Law Court recently issued a short decision, Wilmington Savings Fund Society, FSB v. Abildgaard, which provides a reminder of the importance of taking the appropriate steps at trial to ensure that interlocutory orders can be challenged on appeal.

On its facts, Abildgaard is fairly straightforward. Wilmington Savings Fund sought to foreclose on Abildgaard’s mortgage. To prevail, Wilmington was required to prove (among other things) that it had sent a proper notice of default and right to cure. The notice, however, was excluded at trial on the basis that it did not comply with statutory requirements. At that point, Wilmington rested its case without presenting evidence regarding a number of other elements of its foreclosure claim. In Wilmington’s view, it was unnecessary to proffer any other evidence because, without a notice, Wilmington could not prevail. After the Superior Court entered judgment against Wilmington, Wilmington appealed and challenged the exclusion of the notice.

It was the wrong path

Spreading the news that e-filing is coming might not have quite the same importance as the message delivered by Paul Revere and his fellow riders in 1775 – but e-filing is still worth noting. I attended the Maine State Bar Association winter meeting in January, which gave Maine practitioners a sneak preview of the state courts’ new e-filing system, File & Serve. It was an interesting and informative session.

The tentative plan, as attendees were informed, is to begin the process of rolling out e-filing at the end of this year. As many already know, e-filing is likely to be introduced first for Penobscot and Piscataquis Counties. But, of importance for appellate practitioners, it sounds like the court is also considering including not only the Business Court but also the Law Court in the initial implementation.

We are still waiting to see all of the rules surrounding e-filing, but the system that was previewed at the winter meeting appears to be user-friendly and promises