Me. R. App. P. 12A
Any order entered by the Clerk of the Law Court, pursuant to paragraphs 1, 2, or 3, above, granting or denying a motion to enlarge time or dismissing an appeal may be reviewed by a single justice of the Law Court upon the filing of a motion for review, filed pursuant to M.R. App. P. 10, within 7 days after the entry of the Clerks order from which review is sought.
Me. R. App. P. 12A
Advisory Note - October 2012
The amendment recognizes the new address for the Law Court Clerk's Office.
Advisory Note - July 2012
Rule 12A(4) is amended to be consistent with new rule 7(c)(2). It makes clear that the rules do in places encourage or permit electronic filings, but that electronic filings are never acceptable as substitutes for printed copies. Rule 7(c)(2) requires that any electronic copies be filed by e-mail and replaces the deleted provisions of Rule 12A(4) that allowed the filings by CD and not by electronic transmission of data.
Advisory Notes - 2006
Rule 12A is added to the Maine Rules of Appellate Procedure to govern operations of the office of the Clerk of the Law Court. M.R. App. P. 12A(a) is developed from similar provisions of M.R. Civ. P. 77 that governs operations of the offices of the clerks of the trial courts. M.R. App. P. 12A(a)(1) is similar to M.R. Civ. P. 77(c). It establishes that all papers required to be filed with the Law Court or any justice of the Law Court must be filed with the Clerk of the Law Court. It then designates the proper office address for filing papers with the Clerk of the Law Court.
Filings using the United States Postal Service should be directed to the post office box. Filings relying on personal delivery or other delivery services should be addressed to the Newbury Street address.
The office of the Clerk of the Law Court is located on the first floor of the new section of the Cumberland County Courthouse. Another place for filing may be designated, but such would occur only in special circumstances based on an order of the Chief Justice. The office of the Clerk of the Law Court is open and available to receive filings during normal business hours as designated by the Chief Justice. Presently those hours are from 8:00 a.m. to 4:00 p.m., although there may be time during those hours when the office is closed due to shortage of staff. The office is not open on Saturdays, Sundays, legal holidays and other days designated by the Chief Justice.
M.R. App. P. 12A(a)(2) addresses after-hours filings and is similar to M.R. Civ. P. 5(g) and 77(a). Essentially, the Clerk of the Law Court and the office of the Clerk of the Law Court is prohibited from receiving after-hours filings or filings for other courts unless authorized to do so in specific instances by a Justice of the Law Court. Documents filed or attempted to be filed after-hours will be date stamped and deemed to be filed on the next regular business day.
M.R. App. P. 12A(a)(3) addresses fax filings by incorporating M.R. Civ. P. 5(j) by reference. This rule prohibits fax filings except in certain very limited instances. Fax filings are also covered by Administrative Order JB-05-12.
M.R. App. P. 12A(a)(4) prohibits electronic filings. It is similar to M.R. Civ. P. 5(k) incorporating an electronic filing prohibition into the Civil Rules. However, M.R. App. P. 12A(a)(4) then includes a provision, not included in the Civil Rules, that encourages voluntary electronic filing of briefs and appendices. The voluntary electronic filing is encouraged only when a document has been prepared electronically and it is possible for the party filing the document to submit an electronic copy of the document along with the paper copy for use by the Law Court in preparing and reviewing the case. However, even when there is voluntary electronic filing of a copy of a brief or an appendix, this filing is in addition to and not in replacement of the paper copies that are required to be filed by the rules. Compliance with the filing requirements of the rules can only be achieved by filing the requisite numbers of paper copies in the proper form with the Clerk of the Law Court.
M.R. App. 12A(b) is adopted to give the Clerk of the Law Court authority to act for the Court regarding certain routine matters that now must be acted on by a Justice of the Law Court. Subparagraph (b)(1)(A) allows the Clerk to grant extensions or enlargements of time for filing a brief, appendix, memorandum or petition when no party objects to the requested extension and the enlargement of time requested is 21 days or less. Extensions or enlargements of time exceeding 21 days may not be granted. The Clerk of the Law Court does not have authority to extend the time for filing any notice of appeal pursuant to M.R. App. P. 2 or to extend the time specified for filing any motion for reconsideration or other motion governed by M.R. App. P. 14.
M.R. App. P. 12A(b)(1)(B) authorizes the Clerk of the Law Court, with the agreement of the parties, to consolidate appeals involving the same parties.
Subsection (b)(2) authorizes the Clerk of the Law Court to dismiss appeals where an appellant has failed to file the required brief within the time limits specified by M.R. App. P. 7(b) and, additionally, the appellant has not responded, within 10 days, to a notice from the Clerk of the Law Court that the brief has not been timely filed.
Subsection (b)(3) authorizes the Clerk of the Law Court to dismiss sentence review proceedings pursuant to M.R. App. P. 20 when, upon review, it is apparent that the sentence sought to be challenged on appeal is less than one-year of incarceration, the minimum sentence from which a sentence appeal is authorized by 15 M.R.S. §2151.
The concluding paragraph of subsection (b) indicates that any party who seeks to review an order entered by the Clerk of the Law Court in accordance with subsection (b) may request a review of the Clerk of the Law Court's order by a single Justice of the Law Court. Review is allowed only if the party seeking review files the motion pursuant to M.R. App. P. 10(b) within 7 days of the entry of the order of the Clerk of the Law Court from which review is sought.
Advisory Note - January, 2008
This amendment [to Rule 12A] authorizes the Clerk of the Law Court to sign orders that reflect the Court's actions granting or denying motions for reconsideration and petitions to allow full appellate review of discretionary appeals regarding post-conviction and post-sentencing reviews, sentencing appeals and worker's compensation appeals. The Clerk could only act with Court approval after Court review as authorized by statute or rule.
Advisory Notes - August 1, 2009
The amendment to Rule 12A(b)(1)(A) authorizes the Clerk of the Law Court to enlarge the time for filing a brief or appendix for up to seven days upon request. The Clerk's authority under this Rule was primarily utilized to extend the time for filing briefs. With the extended briefing schedules and concurrent restrictions on obtaining extensions of time to file briefs adopted in Rule 7(b), the Clerk's authority to grant extensions for 21 days from filing deadlines for briefs and some motions is eliminated.
Restyling Notes - June 2017
Rule 12A is subject to editing for clarification, including upgraded references to digital transfer devices, in the restyling process. The Clerks authority to receive filings is expanded to include electronic and digital content, but only when explicitly authorized or required by the Rules or by an order of a Justice of the Court. For example, Rule 5(b)(2)(B) (iii) allows filing of an electronic recording in certain circumstances; Rule 6(c)(1) requires filing of an electronic copy of the reporters transcript; and Rule 7A(i)(2) requires filing of an electronic copy of each brief. The prohibitions on electronic or fax filings in current Rules 12A(3) and (4) are combined into Rule 12A(4).
The Rule 12A amendment includes only one substantive change. That change amends Rule 12A(b)(2) to eliminate the direction to the Clerk of the Law Court to notify an appellant when that appellants brief has not been timely filed. Instead, the Clerk is directed to dismiss the appeal if the appellants brief is not filed 7 days after the filing deadline.