Me. R. Small. Claims. P. 11

As amended through September 25, 2024
Rule 11 - Appeal
(a) Appeal. An aggrieved party may appeal from a judgment of the District Court in a small claims action to the Superior Court in the county in which the division of the District Court entering judgment is located. The time within which an appeal may be taken shall be 30 days from the entry of the judgment appealed from, except that upon a showing of excusable neglect the court may extend the time for filing the notice of appeal for up to 30 days from the expiration of the original time set by this rule. If a timely notice of appeal is filed by one party, any other party may appeal any issue in the action by filing a notice of appeal within 14 days of the date on which the first notice of appeal was filed.
(b) Notice of Appeal; Fee; Entry. The appeal shall be taken by filing a notice of appeal with the clerk on a form provided by the court. The clerk shall notify other parties as provided in Rule 2(a)(5) of the Maine Rules of Appellate Procedure. With the notice of appeal the appellant shall pay to the clerk of the District Court the Superior Court entry fee and the costs of forwarding to the Superior Court the record on appeal specified in subdivision (d) of this rule. The clerk shall enter the appeal promptly in the Superior Court.
(c) Dismissal on Stipulation. An appeal may be dismissed by stipulation filed with the clerk, or, after entry in the Superior Court, with the clerk of the Superior Court.
(d) Appeal on Questions of Law or by Jury Trial De Novo; Record; Transcript.
(1) An appeal by a plaintiff shall be on questions of law only and shall be determined by the Superior Court without jury on the record on appeal prepared as provided in paragraph (3) of this subdivision.
(2) An appeal by a defendant may be on questions of law only or, on any issue so triable of right, by jury trial de novo at the election of the defendant. A defendant who seeks a jury trial de novo shall briefly state the grounds of the appeal and demand a jury trial in writing on the notice of appeal and shall file with the notice an affidavit or affidavits meeting the requirements of Rule 56(e) of the Maine Rules of Civil Procedure, and setting forth specific facts showing that there is a genuine issue of material fact as to which there is a right to trial by jury. Failure to make demand for jury trial with accompanying affidavit or affidavits constitutes a waiver of the right to jury trial de novo. When jury trial has not been demanded, the appeal shall be determined by the Superior Court as provided for plaintiffs' appeals in paragraph (1) of this subdivision. When jury trial is demanded, the record on appeal shall be prepared as provided in paragraph (4) of this subdivision, and the action shall be tried to a jury by the Superior Court in accordance with Rule 80L of the Maine Rules of Civil Procedure.
(3) Rule 76F of the Maine Rules of Civil Procedure applies to the preparation and transmission to the Superior Court of the record on appeal in small claims actions when jury trial de novo has not been demanded.
(4) When jury trial de novo has been demanded, the record on appeal shall consist of the statement of claim, any responsive pleading filed, the return receipt or other return of service upon the defendant, any documentary evidence or other exhibit received at the hearing, certified copies of all docket entries, a copy of the notice of judgment prepared as required by Rule 8(f), any other portions of the District Court record designated by either party as necessary for review of any independent question of law presented, and a copy of the notice of appeal and defendant's affidavit or affidavits filed or required in paragraph (2) of this subdivision. The record on appeal prepared in accordance with this paragraph shall be filed in and acknowledged by the Superior Court, and may be corrected or modified, as provided in Rules 76F(a) and (b) of the Maine Rules of Civil Procedure.
(5) Rule 76H(d) of the Maine Rules of Civil Procedure applies to the ordering, preparation and filing of the transcript on appeal where jury trial de novo has not been demanded.
(e) Briefs and Oral Arguments. Rule 76G of the Maine Rules of Civil Procedure applies to the filing of briefs and the time of oral argument on appeal when jury trial de novo has not been perfected.
(f) Judgment on Appeal. The Superior Court may enter a judgment reversing or affirming, in whole or in part, the judgment appealed from and shall thereupon remand the case to the District Court from which it originated for entry of the appropriate judgment, or for any further proceedings.

Me. R. Small. Claims. P. 11