Me. R. App. P. 4

As amended through September 25, 2024

Rule 4 - DISMISSAL OF THE APPEAL

(a)Voluntary Dismissal.

(1)Criminal Appeals. Prior to the time stated in subdivision (b) of this rule, a criminal defendant may dismiss his or her appeal by filing with the clerk of the Law Court a written dismissal signed by the defendant, and the State may dismiss its appeal by filing a written dismissal signed by the attorney for the State.

(2)Civil Appeals.

(A)Appeals. On or before the date that the appellant's brief is filed or is due to be filed, whichever is earlier, an appellant may dismiss the appellant's appeal by filing with the Clerk of the Law Court a written dismissal signed by the appellant or the appellant's attorney. After the date on which the appellant's brief is filed or is due to be filed, an appeal may be dismissed only by stipulation pursuant to paragraph (a)(3) of this Rule.

(B)Cross-Appeals. On or before the date that a cross-appellant's brief is filed or is due to be filed, whichever is earlier, a cross-appellant may dismiss the cross-appellant's appeal by filing with the Clerk of the Law Court a written dismissal signed by the cross-appellant or the cross-appellant's attorney. After the date on which the cross-appellant's brief is filed or is due to be filed, a cross-appeal may be dismissed only by stipulation pursuant to paragraph (a)(3) of this Rule.

(3)By Stipulation. Prior to the time stated in subdivision (b) of this Rule, a civil appeal may be dismissed by stipulation entered into by all of the parties and filed with the Clerk of the Law Court.

(b)On or After Date for Consideration. On or after the date scheduled for oral argument or 42 days (6 weeks) after the date for filing the appellee's brief in an appeal not scheduled for oral argument, an appeal may be dismissed voluntarily or by stipulation only with leave of the Law Court.

(c)For Failure to Perfect Appeal. If an appellant or cross-appellant fails to comply with the provisions of these Rules within the times prescribed herein, the Law Court may, on motion of any other party or on its own initiative, dismiss the appeal for want of prosecution.

(d)For Lack of Jurisdiction. Whenever it appears by suggestion of the parties or otherwise that the Law Court lacks jurisdiction of the subject matter, the Law Court shall dismiss the appeal.

Me. R. App. P. 4

Last amended July 13, 2012, effective 9/1/2012; amended June 6, 2017, effective 9/1/2017.

Advisory Note - July 2012

Rule 4 is internally numbered and amended to place all provisions for voluntary or stipulated dismissal of appeals within subdivision (a) and to move the submission deadline for voluntary dismissals without Law Court approval to subdivision (b). There is no change to the process for voluntary dismissal of criminal appeals in paragraph (1).

Rule 4(a)(2) is adopted to clarify the process for unilateral or voluntary dismissal of civil appeals. To avoid the risk that an appellee may be required to expend any significant time or effort only to have an appeal voluntarily dismissed, a civil appeal may be voluntarily dismissed only on or before the date that the appellant's brief is filed or is due to be filed, whichever is earlier. The appeal may be dismissed by filing with the clerk of the Law Court a written dismissal signed by the appellant or the appellant's attorney. After the date on which the appellant's brief is filed or is due to be filed, the appeal may be dismissed only by stipulation pursuant to paragraph (3) (formerly subdivision (b)).

As with current practice, an appeal may be dismissed only with leave of the Law Court on or after the date the appeal is scheduled to be considered at oral argument or on briefs. To clarify that this is a general rule that applies to all dismissals by parties, the provision is placed in a new subdivision (b).

Rule 4(d) is amended to clarify that it is applicable to issues of lack of subject matter jurisdiction before the Law Court. The Law Court continues to have the capacity to take appropriate action when it notices, in a matter before it, that any other court or tribunal lacked personal or subject matter jurisdiction over a party or matter before the Law Court.

Advisory Notes - January 1, 2001

Rule 4(a) generally adopts M.R.U. Crim. P. 37(e)(1), but with amendment to set a cutoff date for dismissals as the date on or after the date for oral argument or on briefs consideration.

Rule 4(b) generally adopts M.R. Civ. P. 73(g)(1). Under both the voluntary dismissal in criminal appeals and the stipulation of dismissal that may apply to either criminal or civil appeals, after an appeal is conferenced by the Law Court, it may be dismissed only with leave of the Law Court. The current rules limit dismissal after argument, but that limitation is changed to on or after the date set for argument or on briefs consideration.

Rule 4(c) adopts the nearly identical provisions of M.R. Civ. P. 73(g)(2) and M.R.U. Crim. P. 37(e)(2) allowing dismissal on motion or by the Law Court's own action for want of prosecution where an appellant fails to comply with the requirements of these Rules and within the time prescribed by the Rules. The basis for dismissal for want of prosecution may include not only failure to meet specific time limits, but also failure to comply with other obligations relating to an appeal such as filing the requisite transcript order form, if a transcript is to be ordered, or filing a proper brief or appendix as is required by these Rules.

Advisory Notes - September 10, 2001

This language [Rule 4(d) ] is virtually identical to the provisions of M.R. Civ. P. 12(h)(3) which previously governed civil appeals. It is added at this point to recognize the Court's inherent authority to dismiss matters when it is apparent that it lacks subject matter jurisdiction. See Thomas v. City of South Portland, 2001 ME 50, 768 A.2d 595. The only difference between the proposed rule and Rule 12(h)(3) is a change of the last word from "action" to "appeal."

Restyling Notes - June 2017

Rule 4 is edited to clarify in Rule 4(a)(1) that a criminal defendant must personally sign a voluntary dismissal, a direction that was implicit in the current rule. Rule 4(a)(2) is amended to create a separate brief-related deadline, Rule 4(a)(2)(B), for dismissal of a cross-appeal without agreement. Rule 4(b) is amended to clarify the date after which an appeal not scheduled for oral argument may be dismissed voluntarily only with approval of the Law Court. That date is 42 days (6 weeks) after the date for filing the appellee's brief. The current Rule referencing only the date for "submission" on briefs was ineffective because the specific date for conference of an appeal on briefs is not noticed and sometimes changes.