M.R.S.C.P. 11

(a) Appeal. An aggrieved party may appeal from a judgment of the

District Court in a small claims action to the Superior Court in the county in

which the division of the District Court entering judgment is located. The time

within which an appeal may be taken shall be 30 days from the entry of the

judgment appealed from, except that upon a showing of excusable neglect the

court may extend the time for filing the notice of appeal for up to 30 days from

the expiration of the original time set by this rule. If a timely notice of appeal

is filed by one party, any other party may appeal any issue in the action by

filing a notice of appeal within 14 days of the date on which the first notice of

appeal was filed.

(b) Notice of Appeal; Fee; Entry. The appeal shall be taken by filing a

notice of appeal with the clerk on a form provided by the court. The clerk

shall notify other parties as provided in Rule 2(a)(5) of the Maine Rules of

Appellate Procedure. With the notice of appeal the appellant shall pay to the

clerk of the District Court the Superior Court entry fee and the costs of

forwarding to the Superior Court the record on appeal specified in subdivision

(d) of this rule. The clerk shall enter the appeal promptly in the Superior

Court.

(c) Dismissal on Stipulation. An appeal may be dismissed by

stipulation filed with the clerk, or, after entry in the Superior Court, with the

clerk of the Superior Court.

(d) Appeal on Questions of Law or by Jury Trial De Novo; Record;

Transcript.

(1) An appeal by a plaintiff shall be on questions of law only and shall be

determined by the Superior Court without jury on the record on appeal

prepared as provided in paragraph (3) of this subdivision.

(2) An appeal by a defendant may be on questions of law only or, on any

issue so triable of right, by jury trial de novo at the election of the defendant.

A defendant who seeks a jury trial de novo shall briefly state the grounds of

the appeal and demand a jury trial in writing on the notice of appeal and shall

file with the notice an affidavit or affidavits meeting the requirements of Rule

56(e) of the Maine Rules of Civil Procedure, and setting forth specific facts

showing that there is a genuine issue of material fact as to which there is a

right to trial by jury. Failure to make demand for jury trial with accompanying

affidavit or affidavits constitutes a waiver of the right to jury trial de novo.

When jury trial has not been demanded, the appeal shall be determined by the

Superior Court as provided for plaintiffs' appeals in paragraph (1) of this

subdivision. When jury trial is demanded, the record on appeal shall be

prepared as provided in paragraph (4) of this subdivision, and the action shall

be tried to a jury by the Superior Court in accordance with Rule 80L of the

Maine Rules of Civil Procedure.

(3) Rule 76F of the Maine Rules of Civil Procedure applies to the

preparation and transmission to the Superior Court of the record on appeal in

small claims actions when jury trial de novo has not been demanded.

(4) When jury trial de novo has been demanded, the record on appeal

shall consist of the statement of claim, any responsive pleading filed, the

return receipt or other return of service upon the defendant, any

documentary evidence or other exhibit received at the hearing, certified

copies of all docket entries, a copy of the notice of judgment prepared as

required by Rule 8(f), any other portions of the District Court record

designated by either party as necessary for review of any independent

question of law presented, and a copy of the notice of appeal and defendant's

affidavit or affidavits filed or required in paragraph (2) of this subdivision.

The record on appeal prepared in accordance with this paragraph shall be

filed in and acknowledged by the Superior Court, and may be corrected or

modified, as provided in Rules 76F(a) and (b) of the Maine Rules of Civil

Procedure.

(5) Rule 76H(d) of the Maine Rules of Civil Procedure applies to the

ordering, preparation and filing of the transcript on appeal where jury trial de

novo has not been demanded.

(e) Briefs and Oral Arguments. Rule 76G of the Maine Rules of Civil

Procedure applies to the filing of briefs and the time of oral argument on

appeal when jury trial de novo has not been perfected.

(f) Judgment on Appeal. The Superior Court may enter a judgment

reversing or affirming, in whole or in part, the judgment appealed from and

shall thereupon remand the case to the District Court from which it originated

for entry of the appropriate judgment, or for any further proceedings.