Proposed Amendments to Maine Rules of Appellate Procedure

The Appellate Rules Committee, of which I am currently chair, has been busy considering various amendments to the rules. The Committee has recommended certain changes, and the Supreme Judicial Court has now proposed amendments to the rules and invited public comment.

The biggest change is one that will hopefully be a significant benefit to attorneys appearing before the Law Court: the proposed rules would require most documents to be filed and served electronically.  With the advent of a uniform electronic filing system across Maine courts still an elusive goal, the proposed rules would allow for email filing with the clerk’s office. Filing would be deemed effective the date the clerk receives the email, even if filed after business hours. Paper copies of briefs, appendices, and certain other documents would still be required, but up to 7 days after the clerk of the Law Court has indicated that the electronically filed brief has been accepted by the Court.

The proposed rules accomplish a few other noteworthy changes. First, before filing a motion, the parties will be required to confer so that the moving party can disclose the opposing party’s position. Second, the rules would specify procedures for motions that request emergency or expedited action by the Court. Third, the changes would enlarge the time for responses to motions to 14 days from the current 7.

Interested parties should weigh in with comments, which are due by 4 p.m. on Thursday, April 11. Hopefully both the bench and the bar will benefit from these changes.

Photo of Sumi Naidoo of Davis+Gilbert LLP Sumi Naidoo of Davis+Gilbert LLP

Sumi Naidoo helps creative industry clients develop their brands and produce engaging content while avoiding legal and regulatory risks. Her experience as a litigator and a journalist enables her to balance the unique perspectives and interests of creators, consumers and regulators, and to

Sumi Naidoo helps creative industry clients develop their brands and produce engaging content while avoiding legal and regulatory risks. Her experience as a litigator and a journalist enables her to balance the unique perspectives and interests of creators, consumers and regulators, and to help prevent legal disputes before they arise.

Sumi’s strong background in legal theory and industry knowledge inform her intuitive and practical approach to problem-solving across promotions and marketing, intellectual property, digital media technology and privacy.

Often involved in the content development stage, Sumi sifts through creative material — from first pitches to finished products — to spot legal red flags. She supports legal teams in protecting that content by analyzing pertinent laws and industry developments and when drafting cease-and-desist letters, DMCA notices, negotiating licenses, and interpreting relevant agreements. For her news media clients, Sumi leverages her background in journalism to help develop and implement publishing guidelines and reporting policies.

Before joining Davis+Gilbert, Sumi practiced litigation at Kelley Drye & Warren. She also worked as a journalist, including at MSNBC with legal correspondent Ari Melber, covering the 2016 electoral season. Sumi has a strong commitment to pro bono matters and drafted an amicus brief on encryption and the Fifth Amendment with the ACLU’s Project on Speech, Privacy and Technology.