Advisory Committee’s Notes 1993

Rule 83(4) is added to incorporate a definition of “reporter” in the Rules. As used in the simultaneous amendments of Rules 74(b)(1) and 74A(b), that term now includes both a stenographic court reporter and a person who transcribes electronically recorded court proceedings. See Advisory Committee’s Notes to those rules.

Advisory Committee’s Notes May 1, 2000

Subdivision (3) of the definitions is amended to recognize that the term plaintiff or defendant can include a party appearing with counsel.

COMMENTS

§83.1 Additional Definitions:

In addition to the definitions in Rule 83, the following definitions may be helpful in understanding these rules:

“Appellant” is the party to the case who files an appeal from the trial court decision and, on appeal, seeks to change the result reached in the trial court.

“Appellee” is the party to the case who did not file an appeal and who, generally, supports keeping the trial court decision without change. An appellee may file a cross-appeal.

“Brief” is a written argument filed with the Court explaining and supporting a party’s position on the appeal.

“Cross-Appeal” is an appeal filed by an appellee that seeks to change an action or result reached in the trial court and is filed in response to the original appeal by the appellant.

“Defendant” is the party against whom a civil suit or a criminal charge is filed in the trial court.

“Docket” is the chronological written record of events and orders in a case. Each action and order by the trial court and each filing by a party is recorded in the docket shortly after it occurs. The docket is kept by the trial court clerk and is separate from the court file. The docket is often kept in an electronic file.

“Docket Entry” is the individual written statement in the docket reflecting a particular court action or filing and the date of that event. The date of the event and the date of the entry may be different, and if so, both will be stated in the docket.

“Docket Sheet” is a paper on which docket entries for a specific case are printed or typed. Because many trial court docket files are kept electronically, docket sheets may not be available for trial court files. However, when a case is appealed, a current docket sheet will be printed and included with the case file sent to the Supreme Judicial Court.

“Enter in the Docket” means the act of writing a statement reflecting a particular court action into the docket as a docket entry. Most entries are completed by computer. The date that a statement regarding an action is entered in the docket can be important, because that date may start the running of time limits to respond to or appeal from a particular trial court action.

“Intervener” is an individual or organization with a direct interest in a case who joins the case after it has begun and who is allowed to participate as a party by a trial court order pursuant to M.R. Civ. P. 24

“Judgment” is an order or decision of the trial court that finally resolves or decides a case.

“Law Court” is the name commonly used to identify the Maine Supreme Judicial Court when the Court is considering appeals from decisions of the trial courts and administrative agencies. The term “Law Court” is not used to identify the Supreme Judicial Court when it acts in its administrative and supervisory functions, other than considering and deciding appeals.

” M.R. App. P.” means the Maine Rules of Appellate Procedure.

” M.R. Civ. P.” means the Maine Rules of Civil Procedure.

” M.R. Crim. P.” means the Maine Rules of Criminal Procedure.

” M.R. Evid.” means the Maine Rules of Evidence.

” M.R.S.A. ” means the Maine Revised Statutes Annotated. These are the general laws governing the State of Maine. They appear in red volumes with supplements and may be found in all law libraries and many larger public libraries. The Maine Statutes may also be found on the State of Maine web site. As an example of a citation to a Maine Statute; 14 M.R.S.A. §1851 means the statute at issue can be found in the statute books or on line by looking for Title 14 and then Section 1851.

“Party” is a named individual or organization who (i) actually participates in a lawsuit before the trial court as a plaintiff, a defendant, or, occasionally, an intervener, or (ii) participates in an appeal before the Law Court as an appellant or an appellee.

“Plaintiff” is the party who files a civil suit in the trial court asking for a particular result or relief. Generally, a plaintiff has the burden of proof that is, it is the plaintiff’s burden to prove the claim being presented in the trial court.

“Record” includes the papers in the court file, the exhibits, and any testimony or other statements in court. A “record” on appeal includes the court papers, exhibits, and any transcript made of trial court proceedings that is submitted with the appeal. However, the trial court “record” includes all papers and exhibits filed in the trial court, and all testimony and other statements made in court, whether a written transcript is prepared or not.

“Transcript” is a printed version of testimony or arguments and other proceedings that occurred in court. It is prepared by a court reporter or transcribed from a tape. Transcripts are generally not prepared unless they are ordered and paid for by a person interested in the case.

“Trial Court” is the court that hears or tries the action subject to the appeal. It may be the Superior Court, the District Court, or the Probate Court. The term also refers to any judge of the trial court.