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M.R. App. P. 14

MANDATE; RECONSIDERATION OF DECISIONS; AND SUSPENSION OF THE RULES IN THE LAW COURT

activein force · 2024-11-01 – presentact-effective-date

(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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