Me. R. App. P. 2C

As amended through August 2, 2024

Rule 2C - MULTIPLE APPEALS AND BONDS IN CIVIL CASES

(a)Cross-Appeals.

(1)Need to file. If the appellee seeks any change in the judgment that is on appeal, the appellee must file a cross-appeal to preserve that issue. The notice of cross-appeal shall be filed with the clerk of the trial court from which the appeal is taken, and shall be processed in the same manner as a notice of appeal filed pursuant to Rule 2A(b)(1). An appellee need not file a notice of appeal if no change in the judgment is sought. An appellee may, without filing a cross-appeal, argue that alternative grounds support the judgment that is on appeal.

(2)Time to File. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal (accompanied, when required, by the filing fee or a request to have the fee waived pursuant to M.R. Civ. P. 91) within 14 days after the date on which the first notice of appeal was filed, or within the time specified by Rule 2B(b) or 2B(c), whichever period last expires.

(3)Status of Parties. When more than one party has appealed, the party who first appeals shall, unless otherwise agreed by the parties or ordered by the Law Court, be treated as the appellant in applying these Rules to such cross-appeals, and all other parties shall be treated as appellees.

(b)Joint or Consolidated Appeals. If two or more parties are entitled to appeal from a civil judgment or order, and their interests are such as to make joinder practicable, they may file a joint notice of appeal or may join in an appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated after docketing in the Law Court by order of the Law Court upon its own motion or upon motion of a party.

(c)Parents' Appeals. If both parents of a child appeal from an order of the District Court or the Probate Court finding jeopardy to the child as to both parents, terminating both parents' parental rights to the child, awarding a guardianship over the child to a third person, or awarding a grandparent visitation rights, both parents shall be treated as appellants, unless otherwise agreed by the parties or ordered by the Law Court.

(d)Bond; Continuance in Effect. Any bond given at the commencement or during the pendency of a civil action, unless otherwise provided by law or by direction of the court ordering the judgment appealed from, shall continue in effect until the final disposition of any appeal of the action and until the conditions of such bond have been fulfilled.

Me. R. App. P. 2C

Adopted June 6, 2017, effective 9/1/2017; amended July 13, 2022, effective 7/13/2022.

Restyling Notes - June 2017

Rule 2C replaces Rule 2(c). Rule 2C(a) is added to address cross-appeals. A cross-appeal is commenced by filing a notice of cross-appeal with the trial court. Rule 2C(a)(1) clarifies when an appellee must file a cross-appeal to preserve an issue. If a change in the judgment is sought, a cross-appeal must be filed. See Lyle v. Mangar, 2011 ME 129, ¶ 22, 36 A.3d 867; Costa v. Vogel, 2001 ME 131, ¶ 1 n.1, 777 A.2d 827.

Historically, the Law Court has not required an appellee to file a cross-appeal to preserve an argument that the judgment should be affirmed in every respect but simply contends that the same result could have been reached on alternative grounds. See Harris v. Woodlands Club, 2012 ME 117, ¶ 16 n.8, 55 A.3d 449; Scott Dugas Trucking & Excavating, Inc. v. Homeplace Bldg. & Remodeling, Inc., 651 A.2d 327, 329 (Me. 1994); State v. Me. Cent. R.R., 517 A.2d 55, 57 (Me. 1986); Givertz v. Me. Med. Ctr., 459 A.2d 548, 556 (Me. 1983); but see MaineToday Media v. State, 2013 ME 100, ¶ 28 n.17, 82 A.3d 104; Langevin v. Allstate Ins. Co., 2013 ME 55, 6 n.4, 66 A.3d 585; Millien v. Colby College, 2005 ME 66, ¶ 9 n.3, 874 A.2d 397; Littlefield v. Littlefield, 292 A.2d 204, 208-09 (Me. 1972).

Rule 2C also has minor editing to further clarify that the Rule applies only to civil judgments.

Advisory Committee Note - July 2022

The change to Rule 2C(a)(1) provides additional clarification regarding the circumstances in which an appellee must file a cross-appeal to preserve a legal or factual argument. Under the rule, no cross-appeal is necessary if the appellee does not seek to change any aspect of the judgment. A cross-appeal is necessary only if a party seeks a change to the judgment. For example:

A defendant files a motion to dismiss a breach of contract claim, arguing that the statute of limitations bars the claim and that there was no breach of contract. The trial court grants the motion but reaches only the statute of limitations argument. The defendant need not file a cross-appeal to preserve the contract argument.

A plaintiff obtains summary judgment on a slip-and-fall claim, and the court awards $1,000 in damages. Plaintiff believes that the court should have awarded $2,000. The plaintiff must file a cross-appeal in order to preserve the argument that additional damages should have been awarded.

Rule 2C(a)(1), as amended, is consistent with Argereow v. Weisberg, 2018 ME 140, ¶ 11 n.4, 195 A.3d 1210; Harris v. Woodlands Club, 2012 ME 117, ¶ 16 n.8, 55 A.3d 449; and Scott Dugas Trucking & Excavating, Inc. v. Homeplace Building & Remodeling, Inc., 651 A.2d 327, 329 (Me. 1994). Under Rule 2C(a)(1), as amended, cross-appeals need not be filed under the circumstances presented in MaineToday Media, Inc. v. State, 2013 ME 100, ¶ 28 n.17, 82 A.3d 104; and Langevin v. Allstate Insurance, 2013 ME 55, ¶ 6 n.4, 66 A.3d 585.

In the event of an interlocutory appeal, a cross-appeal is not necessary to preserve claims of error that could otherwise be raised in an appeal from a final judgment.