These rules govern the procedure in the District Court, in the Superior Court, and before a single justice of the Supreme Judicial Court in all suits of a civil nature whether cognizable as cases at law or in equity, including appeals from a governmental agency, with the limitations stated in Rule 81. They shall be construed to secure the just, speedy and inexpensive determination of every action.
Me. R. Civ. P. 1
Advisory Note July 1, 2009
The amendment to Rule 1 removes a sentence addressing appeals that existed in the Rule before adoption of the Maine Rules of Appellate Procedure. The Maine Rules of Appellate Procedure now govern procedure in the Supreme Judicial Court sitting as the Law Court in both civil and criminal cases. Continuance of this sentence in the Civil Rules has occasionally created confusion, particularly regarding applicability of M.R. Civ. P. 6(c) that extends prescribed response time limits by three days when service of a document requiring a response is made by mail. A similar provision is not incorporated in the rules governing appeals. Rule 15 of the Maine Rules of Appellate Procedure incorporates Rule 6(a) but not Rule 6(c) of the Maine Rules of Civil Procedure.
Advisory Committee’s Notes July 1, 2001
The words to be stricken “and cases appealed or removed from the District Court” are a vestige from the era when the Rules of Civil Procedure only applied to matters in the Superior Court. As the rules now apply to all matters before the District Court, these words are unnecessary and potentially confusing.