Rules

  • July 18, 2022

A Summer Smorgasbord – Rule Changes, Constitutional Law, and Settlement Agreements

Appellate Briefs, Cross-Appeals, Law Court, Maine, Maine Constitution, Rules
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It’s the middle of a beautiful Maine summer, a good time for a few quick hits on some interesting developments . . .

First, as I previewed last month, new amendments to the Rules of Appellate Procedure became effective July 13.  The new rules streamline certain procedures (such as allowing electronic signatures), make a few tweaks (particularly to the content and formatting for briefs), and provide helpful clarity (regarding cross-appeals).  The latter point is worth highlighting here.  As the Advisory Committee note observes, Rule 2C now makes clear that

no cross-appeal is necessary if the appellee does not seek to change any aspect of the judgment.  A cross-appeal is necessary only if a party seeks a change to the judgment.

With this change and the Court’s aside in Concord General regarding cross-appeals, perhaps some clarity is beginning to enter this area of the law.

Second,

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  • June 14, 2022

Proposed Amendments to the Maine Rules of Appellate Procedure

Appellate Briefs, Cross-Appeals, Law Court, Maine, Rules
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The Advisory Committee on the Maine Rules of Appellate Procedure, of which I am a member, has been working with the SJC on potential changes to the rules.  The Court has made the proposals publicly available, and has invited public comment.  The deadline for any comments is July 1.

A quick summary of key changes may be helpful (though you should note this list isn’t exhaustive):

  1. Rule 1C: Electronic Signatures. The proposed rules include a new Rule 1C, which permits lawyers to sign documents electronically.  This will be familiar to practitioners, as it is patterned on and would make permanent the SJC’s pandemic orders permitting electronic signatures.
  2. Rule 2A(b): Appearances of Counsel. The amendments would clarify that, when an appeal is docketed in the Law Court, only members of the Maine bar are deemed to represent parties on appeal.  Any out-of-state attorneys must file a
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