Me. R. App. P. 19
No reply memorandum shall be filed by a party who did not file the appeal.
Until the Law Court rules on the request for a certificate of probable cause, no further briefing pursuant to Rule 7 or 7A shall be submitted and no appendix pursuant to Rule 8 shall be prepared.
Me. R. App. P. 19
Advisory Note - November 2011
Rules 19(a) and (d)(1) are amended to reflect statutory changes made to 15 M.R.S. §§2138(6) and (11) in the First Regular Session of the 125th Maine State Legislature, P.L. 2011, ch. 230, §§ 1, 2 (effective Sept. 28, 2011). Title 15 M.R.S. §2138(6) as amended provides to the state a discretionary appeal from a court order granting a motion to order DNA analysis. Previously the state could not appeal from such an order. Title 15 M.R.S. §2138(11) as amended provides to an aggrieved person an appeal as of right from a court decision denying a new trial. Previously the person's appeal was discretionary.
Advisory Note - February 2010
M.R.App.P. 19(a) and (d)(1). The amendments add to Rule 19 two new discretionary appeals found in 15 M.R.S. §2184(1) enacted in the 2009 First Regular Session of the 124th Maine State Legislature ( P.L. 2009, ch. 308, § 1, effective September 12, 2009) as part of a new statutory post-judgment relief mechanism for persons whose identity has been stolen and falsely used by another person in, as relevant here, a criminal proceeding. The first of the discretionary appeals provides for a conditional appeal by a person whose post-judgment motion seeking a court determination of factual innocence and correction of court records and related criminal justice records has been denied following the hearing required pursuant to 15 M.R.S. §2183(5). The second of the discretionary appeals provides for a conditional appeal by that person in the event the court subsequently vacates its earlier order granting the person's motion (or on whose behalf such motion was filed) based upon a finding of fraud or misrepresentation pursuant to 15 M.R.S. §2183(7). The amendment also changes the references to M.R.S. in the amended sections to references to M.R.S., as M.R.S. is now the primary Maine statutory reference used by the courts.
Advisory Note - July 1, 2010
The amendment to Rule 19(c) changes the filing date for the memorandum in support of the appellant's request for a certificate of probable cause in criminal discretionary appeals. Many appellants move to enlarge the time for their memoranda in order to be able to review the transcript before filing the memoranda. The Court does not review the memorandum until after the transcript is filed. The amendment changes the time for the filing of the memorandum to allow the appellant to receive and review the transcript before filing the memorandum. In cases when no transcript is ordered, the memorandum remains due 21 days after the notice of appeal is filed. The amendment also provides for 8 copies of the memorandum to be filed, so that one copy may be retained by the Clerk's Office and the remaining seven distributed to the Court.
Advisory Notes - 2004
This amendment to M.R. App. P. 19(a) and (d)(1) adds a discretionary appeal unintentionally omitted when discretionary appeals were consolidated into Rule 19 in 2002, and adds two new discretionary appeals enacted by the 121st Maine Legislature during the Second Special Session ( P.L. 2004, ch. 711, § A-19). The three added discretionary appeals are:
Appeal from Superior Court rulings revoking supervised release. This is not a new discretionary appeal, having been enacted as part of supervised release for sex offenders, 17-A M.R.S. ch. 50 [§§ 1231-1233 ], by P.L. 1999, ch. 788, § 7. District Court supervised release revocation orders may only be appealed to the Superior Court pursuant to 17-A M.R.S. §1233. Rules 36 and 36A of the Maine Rules of Unified Criminal Procedure are being amended concurrently with this rule to specifically include a section 1233 appeal to the Superior Court.
Appeal from District Court or Superior Court findings of inexcusable failure to comply with court-imposed deferment requirements. This new discretionary appeal was enacted as part of the new sentencing alternative of deferred disposition, 17-A M.R.S. ch. 54-F [§§ 1348 to 1348 -C], by P.L. 2004, ch. 711, § A-19.
Appeal from Superior Court rulings revoking administrative release. This new discretionary appeal was enacted as part of the new sentencing alternative of administrative release, 17-A M.R.S. ch. 54-G [§§ 1349 to 1349 -F], by P.L. 2004, ch. 711, § A-19. District Court administrative release revocation orders may only be appealed to the Superior Court pursuant to 17-A M.R.S. §1349-F. Rules 36 and 36A of the Maine Rules of Unified Criminal Procedure are being amended concurrently with this rule to specifically include a section 1349 -F appeal to the Superior Court.
Advisory Notes - October 15, 2001
Rule 19 of the Maine Rules of Appellate Procedure is adopted [effective January 1, 2002] to consolidate the rules governing discretionary appeals to the Law Court from various orders in criminal cases which previously were governed by a number of provisions in the Maine Rules of Unified Criminal Procedure. The only exception among discretionary appeals is sentence appeals which, because of their significantly different nature, are addressed in new Rule 20 of the Maine Rules of Appellate Procedure. The discretionary appeals consolidated into Rule 19 include:
-- Appeal from orders on motions to correct or reduce a sentence in the Superior Court pursuant to M.R.U. Crim. P. 35(a) or (c), where the appeal is taken by the defendant. The rule is limited to appeals of Superior Court orders, as appeals of District Court rulings pursuant to M.R.U. Crim. P. 35 must be taken to the Superior Court pursuant to M.R.U. Crim. P. 36. Also, the rule only addresses M.R.U. Crim. P. 35 appeals by defendants, as the State has an appeal as of right from any adverse ruling pursuant to M.R.U. Crim. P. 35. See 15 M.R.S. §2115 (2--A) & (2-B). M.R.U. Crim. P. 35 appeals to the Law Court were formerly addressed by M.R.U. Crim. P. 37C, 37D, and 37E.
-- Appeal from Superior Court orders revoking probation. District Court probation revocation orders may only be appealed to the Superior Court pursuant to M.R.U. Crim. P. 36. Probation revocation appeals were formerly addressed by M.R.U. Crim. P. 37F, 37G and 37H.
-- Appeal from final judgment in post-conviction relief matters where the appeal is taken by the petitioner. As with appeals from orders for correction or reduction of sentence under M.R.U. Crim. P. 35, the State has a right of appeal, which is non-discretionary, from an adverse order in a post-conviction review proceeding. These provisions replace M.R.U. Crim. P. 76, 77, and 78 which have governed appeals of post-conviction review orders by petitioners.
-- Appeal from final judgments in extradition proceedings, again where the appeal is taken by the person subject to the extradition order. The State has an appeal as of right in such matters. The rules governing extradition proceedings replace M.R.U. Crim. P. 88, 89 and 90 which have governed appeals in extradition proceedings.
-- Appeal from orders on motions to order DNA analysis or orders on motions for new trials based on DNA analysis. These matters are new discretionary appeals enacted as part of legislation governing use of DNA analysis relating to completed cases, 15 M.R.S. §§2136 - 2138, which was adopted by P.L. 2001, ch. 469, § 1. Amendments to the Maine Rules of Unified Criminal Procedure addressing the consideration and testing process where requests for DNA testing are made are being adopted concurrently with this rule. See M.R.U. Crim. P. 95-99. Because this is a new area of discretionary appeals, no present provisions of the Maine Rules of Unified Criminal Procedure are being replaced for these DNA related discretionary appeals.
Rule 19(b) indicates that, except where explicitly addressed in Rule 19, practice for discretionary appeals is in accordance with the Maine Rules of Appellate Procedure. Thus, for example, notices of appeal challenging orders must be filed within 21 days after entry of the challenged order, M.R. App. P. 2(b)(2)(A), except for extradition cases in which case the notice of appeal must be filed within 10 days after entry of the challenged order. M.R. App. P. 2(b)(2)(B).
Rule 19(c) requires that, for discretionary appeals, the party filing the appeal must file with the Clerk of the Law Court 7 copies of a memorandum giving specific and substantive reasons why the issues identified for appeal warrant the issuance of a certificate of probable cause authorizing consideration of the appeal on the merits by the Law Court. The 7 copies of the memorandum must be filed with the Clerk of the Law Court within 21 days after filing of the notice of appeal. The memorandum is limited to 20 pages in length and must conform to the requirements of M.R. App. P. 9(f) relating to the form of briefs. On motion and a showing of good cause, the Law Court may allow additional time to file a memorandum.
As with present practice, no responding memorandum is to be filed by the State. Except for the memorandum filed by the defendant or the petitioning party, no further briefing and no appendix is required until the Law Court rules on the request for a certificate of probable cause.
Rule 19(d) addresses what transcripts may be prepared to support discretionary appeals. Subdivision (d) provides that, unless the Law Court otherwise orders, the court reporter must prepare and file a transcript of the hearing that is the subject of the discretionary appeal within 56 days of receipt of a copy of the notice of appeal and transcript order form. Obviously, such a transcript must be prepared only if a hearing on the matter at issue was held and recorded. No other transcripts are to be prepared until after a ruling on the request for a certificate of probable cause. The hearings for which a transcript is to be prepared unless the Law Court orders otherwise are explicitly listed in the rule in subparagraphs (i) through (v) of paragraph (d)(1).
As indicated in paragraph (d)(2), no transcript is to be prepared of any extradition hearing. This is specified because of the accelerated consideration which such appeals receive. In lieu of a transcript, the judge of the District Court that heard the extradition proceeding must, within 10 days of filing the notice of appeal, prepare and forward to the Clerk of the Law Court written findings of fact upon which the determination of the petition contesting extradition was based. The District Court Judge may, in lieu of preparing findings of fact, order that a transcript of all or part of the proceedings be prepared and transmitted to the Law Court. However, such an order may only be entered if the District Court finds that special circumstances exist and details in writing the special circumstances that justify the ordering of a transcript.
Compensation for all transcripts prepared pursuant to subdivision (d) shall be as provided in M.R. App. 5(b)(1). Rule 19(e) provides that, if the Law Court denies a certificate of probable cause, the Clerk of the Law Court is to send each party a written notice of the denial.
Rule 19(f) provides that if the Law Court issues a certificate of probable cause authorizing consideration of the appeal on the merits, the Clerk is to notify both the parties to the appeal and the trial court from which the appeal was taken. For purposes of timing of the applicability of the Maine Rules of Appellate Procedure to Rule 19 appeals, the docketing in the Law Court of the order granting a certificate of probable cause is to be treated in the same manner as the filing of a notice of appeal pursuant to M.R. App. P. 2(b) 2. However, if an appeal under M.R. App. 2 involving the same criminal judgment is already pending, the Rule 19 appeal is to be consolidated with and treated as part of the already pending M.R. App. P. 2 appeal.
Rule 19(g) governs the procedure for ordering additional transcripts beyond the transcript already prepared pursuant to Rule 19(d). In some cases, transcripts of other portions of the proceedings which are needed for the appeal may already exist as part of the file. In such cases, those transcript may be forwarded and copied as necessary to comply with the requirements of the Maine Rules of Appellate Procedure. If new transcripts must be ordered, then, within 7 days after docketing by the Clerk of the Law Court of the order granting the certificate of probable cause, the appellant must file with the reporter and the Clerk of the Law Court and serve on the appellee a transcript order for any additional transcripts that the appellant deems necessary for prosecution of the appeal. After receipt of the appellant's transcript order, the appellee--usually the State--may order additional transcripts. The orders and costs regarding the transcript are to be addressed in the same manner as provided in M.R. App. P. 5(b)(1). Non-indigent appellants must make appropriate payment arrangements with the reporters regarding the transcript or the order may be canceled and the appeal will proceed without a transcript.
Rule 19(h) provides that the Clerk's record, after docketing of the order granting the certificate of probable cause, is to be filed with the Law Court in the same manner as provided in M.R. App. P. 6.
Rule 19(i) specifies that the briefing schedule is set upon filing of the record and any ordered transcripts in the same manner as under M.R. App. 7. From that point forward, the appeal proceeds in the same manner as any other appeal under the Maine Rules of Appellate Procedure.
Restyling Notes - June 2017
Rule 19 was revised, effective July 29, 2016. It is further amended as follows.
Rule 19(a) is separated into two subdivisions. Rule 19(a)(2)(B) - formerly Rule 19(a) (2) -is amended to cover appeals of probation modification orders.
Rule 19(c) is amended to recognize that sometimes the State may be an appellant; accordingly, the prohibition on filing reply memoranda is extended to any other party to the trial court action.
Rule 19(d)(1) is amended to modify the 56-day transcript filing deadline as in Rule 6(c)(1).
Rule 19(d)(2)(A) is amended to allow a judge 14 days from the filing of the notice of appeal to file written findings.
Finally, as part of this restyling, the Rule is amended to add subparagraphs to Rule 19(d)(2) and Rule 19(g).
Advisory Note - June 2019
Rule 19(a)(2)(B)i s amended to clarify that appeals from orders denying probation modification orders-like orders modifying probation conditions- are subject to Rule 19. The reference to 17-A M.R.S. §1207(1) is deleted as unnecessary.
Advisory Note - September 2022
Rule 19(a)(2)(J) originally provided for the discretionary appeals permitted by 15 M.R.S. §2258(1), which was adopted by P.L. 2015, ch. 354, § 1, and which provided a temporary mechanism for a person who had been convicted of a qualifying crime to request special restrictions on dissemination and use of criminal history record information relating to the crime. That legislation repealed itself effective October 1, 2019.
On May 1, 2022, P.L. 2021, ch. 674 adopted 15 M.R.S. §§2261 - 2269 to provide a permanent mechanism for a person who has been convicted of a qualifying crime to move to seal criminal history record information relating to the conviction. As with the previous legislation, the new legislation permits a discretionary appeal by a convicted person aggrieved by an order on a motion to seal the records. The amendment to Rule 19(a)(2)(J) replaces the statutory citations and changes the description of the order appealed from to match the terminology used in the new legislation.