Skip to content

Maine Notice of Appeal

Maine's clock starts the moment the judgment is entered into the docket, and the same notice sends most civil cases straight to the Law Court.

Find out where you stand in Maine

Where are you in the appeal?

DocDraft provides document preparation, not legal advice.

Introduction

A Maine notice of appeal is due within 21 days after entry into the docket of the judgment or order appealed from, not from service or mailing of any separate notice of entry (M.R. App. P. 2B(a)(1), (c)(1)). If a party timely files a motion for judgment as a matter of law under M.R. Civ. P. 50(b), to make or amend findings under M.R. Civ. P. 52(a) or (b), for a new trial or to alter or amend the judgment under M.R. Civ. P. 59, or for Public Utilities Commission reopening or reconsideration, the notice of appeal need not be filed within 21 days of the judgment; it may be filed any time after judgment but no later than 21 days after entry of the order disposing of that motion, and the notice is then treated as an appeal from both (M.R. App. P. 2B(c)(2)). The trial court may also extend the 21 days by up to 21 additional days on a showing of good cause (M.R. App. P. 2B(d)(1)), and, only where the clerk failed to send the required notice of entry, the moving party did not otherwise learn of the entry, and no other party would be unfairly prejudiced, by up to 140 more days beyond the original period (M.R. App. P. 2B(d)(2)). The notice is filed with the clerk of the trial court, the District Court or Superior Court that entered the judgment, never with the Law Court directly, and because Maine has no intermediate court of appeals, that same notice sends civil judgments other than small claims and eviction (forcible entry and detainer) straight to the Law Court, the Supreme Judicial Court sitting in its appellate capacity; small claims and eviction appeals go to the Superior Court instead (M.R. App. P. 2A(a), (b)(1)). Filing the notice itself operates as an automatic stay of execution on the judgment, with no supersedeas bond required, except for injunctions, receiverships, and orders on child custody, child or spousal support, personal liberty, or protection from abuse or harassment, which are not automatically stayed, and a court may in limited circumstances still order immediate execution or require a bond (M.R. Civ. P. 62(a), (c), (e)). Criminal, agency, federal-court, and interlocutory appeals follow different rules and are outside this page. Attorney review is available before you file.

Key Things to Know

  1. 1

    The deadline is 21 days after entry into the docket of the judgment or order, not service or mailing of any notice (M.R. App. P. 2B(a)(1), (c)(1)). A timely motion under M.R. Civ. P. 50(b), 52(a) or (b), or 59, or for Public Utilities Commission reopening, means the notice need not be filed within 21 days of judgment; it may be filed any time after judgment but no later than 21 days after entry of the order on that motion (M.R. App. P. 2B(c)(2)).

  2. 2

    The trial court may extend the 21 days by up to 21 more days on a showing of good cause, with or without motion and notice, before or after the original period expires (M.R. App. P. 2B(d)(1)). A longer extension, up to 140 days beyond the original period, is available only if the clerk failed to send the required notice of entry, the moving party did not otherwise learn of the entry, and no other party would be unfairly prejudiced (M.R. App. P. 2B(d)(2)).

  3. 3

    File the notice with the clerk of the trial court, the District Court or Superior Court that entered the judgment, never directly with the Law Court (M.R. App. P. 2A(b)(1)). Maine has no intermediate court of appeals: every civil judgment of the District Court or Superior Court, other than small claims or eviction, goes on the same track directly to the Law Court, the Supreme Judicial Court sitting in its appellate capacity (M.R. App. P. 2A(a)).

  4. 4

    The notice must be signed by each appellant or the appellant's attorney, name the party taking the appeal, and designate the judgment or part of it appealed from, with a copy served on the other parties (M.R. App. P. 2A(b)(1)). The Judicial Branch's Notice of Appeal, form CV-CR-162, is filed together with the Transcript and Audio Order Form, CR-165. If either is unsigned, the clerk must refuse to accept it for filing, and a rejected filing does not count for time-limit purposes (M.R. App. P. 2A(e)).

  5. 5

    Filing generally costs $175, whether the appeal goes to the Superior Court or to the Law Court, except case types with no fee, such as unemployment compensation, child protection, criminal appeals, and certain protection-from-abuse or harassment appeals filed by the protected plaintiff (Admin. Order JB-05-26 (A. 3-26), eff. 3/9/2026); confirm the current fee with the clerk. A party who cannot afford it may instead file an Application to Proceed Without Payment of Fee, form CV-067, with a Financial Affidavit, form CV-191 (M.R. Civ. P. 91); if the request is denied, the fee is due within 7 days after entry of the denial order or the trial court dismisses the appeal (M.R. App. P. 2A(c)(2)).

  6. 6

    Filing the notice itself operates as an automatic stay of execution on the judgment during the appeal, with no supersedeas bond or other security required (M.R. Civ. P. 62(e)). That automatic stay does not cover injunctions, receiverships, or orders on child custody, child or spousal support, personal liberty, or protection from abuse or harassment (M.R. Civ. P. 62(a)), and a court may in limited circumstances still order immediate execution or require security (M.R. Civ. P. 62(c)).

  7. 7

    A Maine small claims appeal goes to the Superior Court, not the Law Court, within 30 days of entry of the judgment, extendable up to 30 more days on a showing of excusable neglect (Maine Rules of Small Claims Procedure, Rule 11(a), (b)). A plaintiff's appeal is decided on the existing record without a jury; only a defendant may instead demand, in writing on the notice and with a supporting affidavit, a full jury trial de novo (Rule 11(d)(1)-(2)). If one party appeals, any other party may appeal any issue by filing within 14 days of that first notice (Rule 11(b)).

Key decisions before you file

Before you file a Notice of Appeal in Maine, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

Customize your Notice of Appeal Template with DocDraft

Maine Requirements for Notice of Appeal

  • 21-Day Docket-Entry Deadline

    A Maine notice of appeal must be filed within 21 days after entry into the docket of the judgment or order appealed from, not from service or mailing of any separate notice of entry (M.R. App. P. 2B(a)(1), (c)(1)).

  • Tolling Motions Delay the Clock

    A timely motion under M.R. Civ. P. 50(b), 52(a) or (b), 59, or for Public Utilities Commission reopening means the notice need not be filed within 21 days of judgment, but no later than 21 days after entry of the order on that motion (M.R. App. P. 2B(c)(2)).

  • Two-Tier Extension of Time

    The trial court may extend the 21 days by up to 21 more days for good cause (M.R. App. P. 2B(d)(1)), or, on motion with notice and only where the clerk failed to send notice of entry, the party did not otherwise learn of it, and no other party would be unfairly prejudiced, by up to 140 more days beyond the original period (M.R. App. P. 2B(d)(2)).

  • Filed With the Trial Court, Not the Law Court

    The notice is filed with the clerk of the District Court or Superior Court that entered the judgment, never directly with the Law Court, which hears civil appeals other than small claims and eviction (M.R. App. P. 2A(a), (b)(1)).

  • Form CV-CR-162 Governs the Notice

    The Judicial Branch's Notice of Appeal, form CV-CR-162, filed with the Transcript and Audio Order Form CR-165, controls the notice's content; the notice must be signed, name the appealing party, and designate the judgment appealed from (M.R. App. P. 2A(b)(1)).

  • Unsigned Notice Is Rejected

    The clerk must refuse to accept an unsigned notice of appeal or transcript order for filing, and a rejected filing does not count for time-limit purposes (M.R. App. P. 2A(e)).

  • Filing Fee and Fee Waiver

    Filing generally costs $175, except certain no-fee case types (Admin. Order JB-05-26 (A. 3-26), eff. 3/9/2026); confirm the current fee with the clerk. A party may instead file fee-waiver form CV-067 with Financial Affidavit CV-191, and if denied must pay within 7 days or the appeal is dismissed (M.R. App. P. 2A(c)(2)).

  • Automatic Stay With No Bond

    Filing the notice operates as an automatic stay of execution on the judgment, with no supersedeas bond required, except for injunctions, receiverships, and orders on custody, support, personal liberty, or protection from abuse or harassment, and a court may in limited circumstances order immediate execution or require security (M.R. Civ. P. 62(a), (c), (e)).

  • Small Claims Defendant May Elect a Jury Trial De Novo

    A small claims appeal to the Superior Court is due within 30 days of entry of judgment. A plaintiff's appeal is decided on the record only; a defendant may instead demand a full jury trial de novo in writing with a supporting affidavit (Maine Rules of Small Claims Procedure, Rule 11(a), (d)(1)-(2)).

Frequently Asked Questions