M.R. App. P. 8

(a) By Whom Filed. In every appeal, the party that files the first notice

of appeal shall prepare and file an appendix to the briefs, except that in child

protection matters, 22 M.R.S. §§ 4001-4071, the State shall be responsible for

preparing and filing the appendix.

(b) Filing and Service of Appendix.

(1) The party designated by subdivision (a) of this rule shall

electronically file the appendix as provided in Rule 1D(c) on or before the

following date:

(A) If the appeal is in a child protection matter, 14 days before the date

on which the appellant’s brief is due to be filed electronically;

(B) If the appeal is not in a child protection matter and the parties do

not agree otherwise, the date on which the appellant’s brief is due to be filed

electronically; or

(C) Any date to which the parties have agreed that falls on or before

the date on which the appellee’s brief is filed electronically or due to be filed

electronically, whichever occurs first.

(2) Simultaneously with the electronic filing of the appendix, the party

filing the appendix must serve a copy of it on each of the other parties as

provided in Rule 1E. A paper copy of the appendix served as provided in this

paragraph need not have a cover or be bound.

(3) The Clerk of the Law Court will review the contents and formatting

of the electronically filed appendix and will notify the parties via email whether

the Clerk approves or rejects the electronically filed appendix, along with a

description of any deficiencies in the appendix. If the Clerk rejects the

electronically filed appendix, the responsible party must electronically file a

corrected version of the appendix within 7 days after the Clerk sends the email

rejecting the appendix.

(4) If the Clerk of the Law Court rejects an appendix and an appellant’s

brief contains citations to the rejected appendix, the appellant must file, within

7 days after the Clerk sends the email rejecting the appendix, a replacement

brief correcting citations to the appendix but making no other changes.

(5) If the Clerk of the Law Court approves the electronically

transmitted version of the appendix, the party designated in subdivision (a) of

this rule must file, within 7 days after the Clerk’s emailed approval, eight

printed copies of the appendix that conform with the requirements of

subdivision (k) and must simultaneously serve one printed copy of the

appendix on each other party to the appeal.

(6) The Clerk of the Law Court may relieve a party of the requirement

of filing a pdf version of the appendix and require that printed copies of the

appendix be filed and served on or before the date that the appendix would be

due to be filed electronically.

(c) Contents, Generally. The purpose of the appendix is to make

available to each Justice of the Court those documents from the record that are

essential to the review of the issues on appeal. Duplication must be avoided.

No document shall appear in the appendix more than once.

(d) Contents, Mandatory ‐ ALL APPEALS. The following documents

shall be contained in the appendix in the following order:

(1) A table of contents.

(2) All docket entries from the proceeding(s) below.

(3) Each trial court decision, ruling, or judgment that will be addressed

in the appeal, including the original final judgment and any subsequent orders

amending the original final judgment.

(A) If the decision is in written form, a copy of the decision shall be

included;

(B) If the decision or judgment includes more than one order or set of

findings, a copy of each court action that constitutes the decision or judgment

shall be included;

(C) If any part of the decision was stated orally on the record, a copy of

the transcript of the decision shall be included. When a decision or ruling stated

orally on the record was preceded by a colloquy with the court, the colloquy

shall be included in the appendix if the colloquy does not exceed 20 pages in the

appendix.

(4) The complaint, indictment, information, petition, motion, or

post-judgment motion that initiated the proceeding in the trial court and any

subsequent amendment to the document that initiated the proceeding.

(5) Any pre-judgment or post-judgment motion or petition that was

subject to an order or other action or inaction by the trial court that is at issue

in the appeal. If the motion or other request to the trial court was made orally,

a transcript of the on-the-record discussion of the motion or other request to

the trial court, including the court’s ruling, shall be included.

(e) Contents, Mandatory ‐ SPECIFIC PROCEEDINGS. Following the

contents required by subdivision (d), the appendix shall contain the following

contents for specific proceedings:

(1) Summary Judgment. If the appeal relates to the entry or denial of

a summary judgment, a copy of the parties’ statements filed pursuant to M.R.

Civ. P. 56(h).

(2) State and Local Government Administrative Appeals.

(A) If the appeal addresses a decision of a State or local administrative

agency, including a municipality, board, commission, or other administrative

body, a copy of the agency’s decision, whether written or transcribed.

(B) If the agency decision was based on a municipal ordinance, a State

or local regulation, or a Private and Special Law, a copy of the relevant section

or sections from that ordinance, regulation, or Private and Special law, shall be

included. For appeals from decisions of a municipal agency, a copy of the

section or sections of the municipal ordinance that establish the authority of

the agency to act on the matter subject to the appeal shall be included. Copies

of relevant sections of the Maine Revised Statutes shall not be included.

(3) Jury Instructions. If the appeal includes a challenge to a jury

instruction or jury instructions, a copy of the transcript of the jury instructions

and a copy of any written instructions given to the jury, a copy of the transcript

containing the discussion of or objection to the instructions, and copies of any

relevant oral or written requests to the trial judge for different instructions

than those given to the jury by the trial judge.

(4) Jury Verdict, Special Verdict Form. If the appeal is from a

judgment entered on the verdict of a jury, and the jury reported its verdict on a

written form, a copy of that form and a transcript or copy of the objections to

that form, if any.

(5) Contract, Deed, Lease, Trust, Will, or Insurance Policy. If the

appeal relates to the interpretation or enforcement of a contract, deed, lease,

trust, will, or insurance policy: a copy of that document.

(6) Domestic Relations, Parentage, or Child Protection Matters. If

the appeal is from a decision related to a domestic relations, parentage, or child

protection matter: the child support affidavits, if child support is at issue on

appeal; the financial statements of the parties, if property distribution or child

or spousal support is at issue on appeal; the report of the guardian ad litem, if

any, if a parental rights or parentage decision is at issue on appeal.

(7) Criminal Appeals. If the appeal is from a decision in a criminal

matter: the presentence report, if any, if a sentence is at issue on appeal; the

search warrant or arrest warrant and any affidavit in support of issuance of the

warrant, if a search warrant or arrest warrant or actions pursuant to a search

warrant or arrest warrant are at issue on appeal; and the Attorney General’s

authorization, if required, for any State appeal brought pursuant to Rule 21.

(f) Contents, Discretionary. The following materials from the trial

court record may be included in an appendix but are not required:

(1) Exhibits. If particular exhibits are essential to the Court’s

understanding of the issues on appeal, the appendix may include copies of those

exhibits. Copies of exhibits, including photographs, maps, charts, or diagrams

that were presented in color to the trial court or administrative agency shall be

reproduced in color by any means, such as scanning or color printing, that

reproduces the exhibit in the appendix to appear as close as possible to the way

the exhibit appeared in the trial court record.

(2) Other Pleadings. Copies of other pleadings or filings that appear

in the trial court record may be included, but only if they are essential to the

Court’s understanding of the issues on appeal.

(3) Placement. Documents from the trial court record, other than

those that are designated “mandatory,” that are essential for understanding the

specific issues on appeal shall be placed in the appendix following the

documents required by Rule 8(d) or (e).

(g) Exclusions from the Appendix. The appendix shall not include:

(1) any documents or images that are not a part of the trial court file or

the record on appeal, other than a supplement of legal authorities authorized

in subdivision (n) hereof;

(2) any documents that are, or include, pictures, videos, or other

images (A) of persons under 18 years of age, (B) of adults subject to a

guardianship or mental health commitment proceeding, or (C) that depict

nudity or sexual or sexualized acts;

(3) except for an appendix prepared by the State in a child protective

case, any documents made confidential by statute or court order that are not

required to be included in the appendix by subdivisions (d) or (e) hereof; or

(4) any portion of the transcript from the trial court other than on the

record statements or discussions required to be included in the appendix by

subdivisions (d) or (e) hereof.

(h) Failure to Comply with Rules. An appendix that (1) fails to

include mandatory documents; (2) does not present documents in the required

order: first documents required by subdivision (d), then documents required

by subdivision (e), then documents, if any, included pursuant to subdivision (f);

(3) includes duplicate copies of documents; (4) includes documents or images

excluded by subdivision (g); or (5) otherwise is not prepared in compliance

with these Rules may be rejected, with the party that prepared the appendix

being required to prepare and file a replacement appendix that complies with

these Rules or being subject to another appropriate sanction, including

dismissal of the appeal.

(i) Contents, Agreement of the Parties. The parties shall confer and

attempt to reach agreement on the contents of the appendix in compliance with

this Rule. If the parties do not agree:

(1) No later than 14 days before the appellant’s brief is due to be filed,

the appellant shall deliver to the appellee a list of the documents that the

appellant proposes to include in the appendix. In child protection cases in

which the State is the appellee, the appellant shall deliver to the appellee the

list of the documents that the appellant proposes to include in the appendix at

least 14 days before the appendix is due to be filed.

(2) If the appellee wishes to have additional documents included in the

appendix, the appellee must, within 7 days after notice of the appellant’s list of

documents, designate additional documents for inclusion in the appendix, and

the appellant shall include those documents in the appendix, unless otherwise

ordered by the court.

(j) Content, Costs. Unless otherwise agreed by the parties, the

appellant shall be responsible for the costs of producing the appendix. If the

appellee designates documents for inclusion and the appellant concludes that

such documents are not essential to understanding of the issues on appeal, the

appellant shall include such documents in the appendix, but may seek recovery

of the costs for inclusion of such documents after decision on the appeal.

Following an appeal in a civil case, any of the costs incurred in the production

of the appendix may be taxed to either party by the Law Court pursuant to

Rule 13.

(k) Content; Format.

(1) Separate Document. Except as permitted by paragraph (2) of this

subdivision, the appendix must be filed as a separate electronic document and

a separately bound paper document with a white cover page designated

“Appendix” and carrying the Law Court docket number, case title, and the

names and addresses of counsel representing the party or parties filing the

document or the name and address of the party or parties filing the document,

if not represented by counsel.

(2) Option for Small Appendices. If the appendix consists of 20 pages

or fewer, not including any title page, the table of contents, or oversize or

electronic exhibits, it need not comply with paragraphs (1), (3), (4), or (5) of

this subdivision and may be filed with the appellant’s brief as a single electronic

and bound document. The pages must be numbered as part of the brief’s page

numbering scheme pursuant to Rule 7A(g)(3).

(3) Binding. The appendix must be spiral bound or bound by a similar

process, such as comb binding, that permits the pages to lie flat when the

document is opened. Plastic or metal spikes, staples, or posts may not be used

in binding.

(4) Page numbering. The pages of the appendix must be sequentially

numbered, beginning with the cover page as page 1 and using only Arabic

numerals for page numbers (i.e., 1, 2, 3), including for the table of contents. Any

blank pages must also be numbered. The page number may be suppressed and

need not appear on the cover page.

(5) Page limit. No volume of an appendix may exceed 150 sheets of

paper printed on both sides, not including the cover, any title page, the table of

contents, or any oversize or electronic exhibits, and no appendix shall exceed

one volume without prior approval of the Court.

(6) Printing. The appendix shall be reproduced by standard printing

or by any duplicating or copying process capable of producing a clear black

image on white paper. Printing shall be on both sides of the paper. Except for

oversize or electronic exhibits, the paper shall be 8-1/2 x 11 inches.

(7) Oversize and electronic exhibits. Oversize exhibits—such as

plans or maps—and electronic exhibits on a disc, a flash drive, or another

medium may be attached to the appendix in any method that permits the

appendix to be handled as a bound volume.

(l) Failure to File an Appendix. The failure to file an appendix, or the

failure to include in the appendix any document required to be included as set

out in this Rule, may result in the dismissal of the appeal or other sanction.

(m) Hearing on the Original Record Without the Necessity of an

Appendix. The Law Court may, on good cause shown in a motion filed prior to

the filing deadline for appellant’s brief, dispense with the requirement of an

appendix and permit appeals to be heard on the original record, with such

copies of the record, or relevant parts thereof, as the Law Court may require.

(n) Supplement of Legal Authorities. A supplement of legal

authorities is not required. The parties may, at their discretion, provide the

Court with a brief supplement, separate from the appendix, containing

important, relevant legal authorities such as statutes or court decisions from

other jurisdictions. It is not necessary to provide copies of any or all cited

authorities. The supplement of legal authorities is not counted in computing

the appendix page limit.