Maine How to File a Civil Appeal

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Maine
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ME-SKU-0561
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How to File a Civil Appeal

Maine How to File a Civil Appeal is the process of appealing a court decision made in a civil case. It is important to understand the specific steps of the process in order to properly file a civil appeal in the state of Maine. The first step in filing a civil appeal in Maine is to obtain a Notice of Appeal from the court. This document must be filed within 30 days of the lower court’s decision. It must be signed by the appellant and must include information on the type of appeal being filed, the specific court and case number, as well as the name of the appellant. The second step is to serve copies of the Notice of Appeal to the opposing party and notify the court of service. This must be done within 10 days of filing the Notice of Appeal. The third step is to submit a Record Extract to the appellate court. This document contains a copy of the Notice of Appeal and all documents of the case from the lower court. These documents must be filed within 30 days of filing the Notice of Appeal. The fourth step is to file a Brief. This document is the appellant’s written argument for the court. It must be filed within 40 days of filing the Notice of Appeal. The fifth step is to file a Reply Brief if the opposing party has filed a Brief. This document is the appellant’s response to the opposing party’s arguments and must be filed within 10 days of the opposing party’s Brief. The sixth step is to attend the oral argument. Both the appellant and the opposing party will have the opportunity to present their arguments before the appellate court. The seventh step is to wait for the court’s decision. The court will issue its decision in writing, usually within a few weeks of the oral argument. Types of Maine How to File a Civil Appeal include: • Appealing a decision from a lower court • Appealing a trial court decision • Appealing a judgment or order of a lower court • Appealing a magistrate’s decision • Appealing a summjudgmmmenmennnnnnnnt.nt

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FAQ

Rule 30(b) (1) preserves the requirement of the Maine Rule that, in absence of a court order changing the length of notice, a notice of at least seven days shall be given for the taking of an oral deposition.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court in which the action is pending or in the county in which the deposition is taken.

A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution?and in proceedings supplementary to and in aid of judgment or execution?must with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.

If service is made by a person other than a sheriff or the sheriff's deputy or another person authorized by law, that person shall make proof thereof by affidavit. The officer or other person serving the process shall endorse the date of service upon the copy left with the defendant or other person.

A new trial shall not be granted solely on the ground that the damages are inadequate until the defendant has first been given an opportunity to accept an addition to the verdict of such amount as the court judges to be reasonable.

The rule provides that findings of fact shall not be set aside unless clearly erroneous. It is believed that this standard corresponds to the present Maine law, both at law and in equity, although the court has formulated the standard in various ways.

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. No execution running against the body shall be issued unless, where the law expressly permits such execution, it is so ordered by the court after motion and hearing for good cause shown.

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Maine How to File a Civil Appeal