SJC motion practice


Here's something I never noticed before – there's no page limit for a motion in the Maine SJC (see Me. R. App. P. 10).    This is true even for motions to reconsider (see Me. R. App. P. 14.)  This could lead to the rather odd situation in which a motion to reconsider is longer than a brief.   While actually filing a motion to reconsider longer than 50 pages would fall into the "don't try this at home" category (filing any motion to reconsider, of whatever length, is almost always a dubious proposition), this seems to me a pretty quirky situation.

I assume that the rule is as it is because this issue hasn't come up, meaning people just don't file long motions.  But the First Circuit imposes a 20-page limit for a motion and any opposition and 10 pages for replies (the SJC is silent re replies).  Isn't verbosity just as potentially a problem in the state appellate court as its federal counterpart?  Maybe Maine lawyers are just more terse.

Also on the quirky front, Me. R. App. P. 9(f) says that briefs must be produced in "at least 12 point font not smaller than 12 point Bookman," while Me. R. App. P. 10 (d) regarding motions just says 12 font, no reference to Bookman or otherwise.  Which type of font you use makes a difference only in that the squishy Times New Roman type fonts can squeeze more words on a page than Bookman (see my blog entry last September).  So if there's no page limit, there's a certain logic in letting you use whatever font you want.  Still, it seems a little odd to allow certain typefaces for motions, not briefs.