CHAPTER 17
H.P. 438 - L.D. 559
An Act to Provide Uniformity and Consistency in the Appeals from the Trial Courts to the Law Court
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §52, first ¶, as enacted by PL 1987, c. 646, §1, is amended to read:
No dollar amount or figure may be included in the demand in any civil case filed in Superior Court, but the prayer shall must be for such damages as are reasonable in the premises. This section shall does not apply to a demand for liquidated damages.
Sec. 2. 14 MRSA §1851, first ¶ is amended to read:
For all purposes for which an exception has heretofore been necessary in civil cases, it is sufficient that a party, at the time the order or ruling of the court is made or sought, makes known to the court the action which he that the party desires the court to take or his the party's objection to the action of the court and his the grounds therefor for the objection. If a party has no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice him that party. In any civil case any party aggrieved by any judgment, ruling or order may appeal therefrom to the law court within 30 days or such further time as may be granted by the court pursuant to a rule of court. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
Sec. 3. 14 MRSA §1901, sub-§1, as amended by PL 1999, c. 731, Pt. ZZZ, §7 and affected by §42, is further amended to read:
1. Appeals from District Court. Except as provided in subsection 3 or by court rule, an appeal may be taken from the District Court to the Supreme Judicial Court sitting as the Law Court within 30 days after judgment. Within those 30 days, the appellant must pay to the court the required fees for the appeal and in that case no execution issues and the clerk may enter the appeal in the Law Court as a new entry. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
Sec. 4. 15 MRSA §2115-A, sub-§4, as amended by PL 1995, c. 47, §2, is further amended to read:
4. Time. An The time for taking and the manner and any conditions for the taking of an appeal taken pursuant to subsection 1, 2, 2-A or 2-B must be taken within 20 days after the entry of the order or such further time as may be granted by the court pursuant to a rule of court are as the Supreme Judicial Court provides by rule, and an appeal taken pursuant to subsection 1 must also be taken before the defendant has been placed in jeopardy. An appeal taken pursuant to this subsection must be diligently prosecuted.
Sec. 5. 30-A MRSA §6111, sub-§5, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
5. Appeal to Law Court. Any party aggrieved by the finding of the Superior Court may appeal within 30 days to the Supreme Judicial Court. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule. The judgment of the Superior Court is binding upon all parties unless appealed under this subsection.
Effective September 21, 2001, unless otherwise indicated.
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