ME · rules
M.R. App. P. 14
MANDATE; RECONSIDERATION OF DECISIONS; AND SUSPENSION OF THE RULES IN THE LAW COURT
(a) Issuance of Mandate. The mandate of the Law Court, with an
opinion or decision resolving any appeal, shall be issued by the Clerk of the Law
Court by transmitting an attested copy thereof to the trial court. Copies of the
mandate shall be emailed to those parties to the appeal who have provided a
proper email address. No paper copy of the mandate will be provided to the
parties to the appeal who are represented by counsel. The opinion or decision
of the Law Court sent to the parties on the day the opinion or decision is
published, with the mandate appearing at the end, shall constitute notice of the
mandate, and no further notice shall be provided.
(1) Criminal Appeals. The mandate of the Law Court in a criminal
appeal shall issue the day that the decision resolving the appeal is published or
the first business day thereafter.
(2) Civil Appeals. The mandate of the Law Court in a civil appeal
involving a child protective matter, a parental rights matter, a guardianship, an
adoption, a contempt, or a temporary or permanent injunction shall issue the
day that the decision resolving the appeal is published or the first business day
thereafter. The mandate of the Law Court in any other civil appeal shall issue
14 days after the date of decision of the Law Court, unless the time is shortened
or enlarged by order of the Law Court.
(3) (A) Stay of the Mandate. A motion for a stay of the mandate, or
for a stay of the effect of a mandate already issued, must be filed with the Clerk
of the Law Court within 14 days after the date of the decision. The timely filing
of a motion for reconsideration in a civil appeal, prior to issuance of the
mandate, will stay the mandate until disposition of the motion unless otherwise
ordered by the Law Court. The issuance of the mandate may be stayed or the
effect of a mandate already issued may be stayed on motion for good cause
shown, accompanied by an affidavit of the moving party or the moving party’s
attorney setting forth all relevant facts.
(B) Law Court Action. After receipt of a motion for stay of the
mandate, the Law Court may act on the motion sua sponte or seek comments
from other parties to the appeal. After appropriate consideration, the Law
Court may grant or deny the motion, and if the motion is granted in whole or in
part, attach such terms and conditions to granting that stay as it deems just.
(C) Appeals to the United States Supreme Court. When the issuance
of the mandate has been stayed pending a petition to the Supreme Court of the
United States for a writ of certiorari, the receipt by the Clerk of the Law Court
of an order granting the petition shall be effective to continue the stay until final
disposition of the matter by the Supreme Court of the United States.
(b) Motions for Reconsideration of Decisions.
(1) (A) A motion for reconsideration of any decision of the Law
Court, together with the fee specified in the Court Fees Schedule, shall be filed
with the Clerk of the Law Court within 14 days after the date of that decision.
The motion shall state with particularity the points of law or fact that the
moving party asserts the Court has overlooked or misapprehended and shall
contain such argument in support of the motion as the moving party desires to
present. The motion and any supporting papers shall conform to Rule 1D(d).
(B) No response to a motion for reconsideration shall be filed unless
requested by the Law Court. The motion is not subject to oral argument except
by specific order of the Court.
(2) A motion for reconsideration will not be granted unless ordered by
a Justice who concurred in the decision and who acts with the concurrence of a
majority of the Justices who participated in the original decision and remain
available and qualified to act on the motion.
(3) If a motion for reconsideration is granted, the Law Court may make
a final disposition of the cause without re-argument, may restore it to the
calendar for reconsideration, or may make such other orders as are
appropriate. Frivolous or repetitive motions for reconsideration may result in
the imposition of appropriate sanctions.
(c) Suspension of Rules. In the interest of expediting decision upon
any matter, or for other good cause shown, the Law Court may modify or
suspend any of the requirements or provisions of these Rules, except those
addressing filing requirements and time limits in Rules 2A, 2B, 2C, 10(a)(5), and
14(b), on application of a party or on its own motion, and may order
proceedings in accordance with its direction.
RULES 15 ‐ 18. [RESERVED]
[Former Rules 15 and 16 moved to become Rules 1A and 1B.]
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
adf280ffa7c29ede6539e306d254ad1a99fbb0b178449af1652d61a67bba3c6d
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