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Maine Appellate Practice - 4th edition

Publication Year: 2013   Publication Type: Practice Guide

Description:

Maine Appellate Practice – 4th Edition was written to provide relatively contemporary guidance in implementing the Maine Rules of Appellate Procedure and addressing other issues that may arise in the course of appellate practice before the Maine Supreme Judicial Court. The first edition was published in January 2003.

Changes for this edition:

Updated to reflect new court opinions, rules changes, advisory notes, and other developments in the law through early June 2013.

A completely new Chapter 4A on State and Local Administrative Law that provides guidance for taking and defending administrative appeals from State and municipal administrative agencies to the trial courts and from the trial courts to the Law Court.

Revisions of discussions of ethical issues on appeal to include references to the Maine Rules of Professional Conduct that were adopted after the third edition was published.

Significant new or enhanced discussions of appellate review issues in many areas including sentence appeals, personal and long arm jurisdiction, shareholder derivative actions, domestic relations cases, competence of parties and witnesses, and examination of consent decrees.

Maine Appellate Practice is divided into three sections. The first section is a User’s Guide to the Maine Rules of Appellate Procedure and Maine Appellate Practice. The second section includes: (i) the Maine Rules of Appellate Procedure, (ii) advisory notes published with the original rules and with amendments to those rules, and (iii) commentary addressing issues which may arise in application of each individual rule. The third section includes seven chapters addressing general legal and practice issues which arise in the course of appeals, often outside the context of any particular rule. This compilation of rules and commentaries include an encompassing index.

Authors:

Hon. Donald G. Alexander, Professor Nancy A. Wanderer

Testimonial :

“Justice Alexander's Maine Appellate Practice is an important tool for anyone appearing before the Maine Supreme Judicial Court—whether for the first time or the hundredth. As a major force behind the drafting of the Maine Rules of Appellate Procedure, Justice Alexander's explanation of their content and the practice under them is unique and invaluable. His text is clear, concise and focused. All Maine litigators should have this volume on their shelves.”
- Catherine R Connors, Esq., Pierce Atwood, LLP

“Any attorney or party appealing to the Maine Supreme Judicial Court should read first Justice Alexander's book, Maine Appellate Practice. The book has information, suggestions and insights that cannot be found in the Court's procedural rules or its decisions—from such important details as where to sit in court, how and when to use graphic displays, and how to structure oral argument and reserve “question-exempt” and rebuttal time—to core matters such as how to write and speak so as to best persuade the Court. Justice Alexander's detailed advice on how to write appellate briefs should be required reading for law students, attorneys and pro se litigants.”
- Peggy L. McGehee, Esq., Perkins Thompson, P.A.

“Maine Appellate Practice is like a How-To Manual for handling appeals to Maine’s Law Court. Written in an easy-to-read style by Justice Donald Alexander, this book offers helpful insight into the Court’s decision-making process; answers frequently asked questions about the appeal process and the Rules of Appellate Procedure. It contains expert advice on the preparation of effective written and oral presentations. Every lawyer appearing before Maine’s highest court should read this book.”
- Edmond J. Bearor, Esq., Rudman & Winchel

Table of Contents:

 Title
 Introduction
Chapter 1 User's Guide- The Maine Rules of Appellate Procedure and Maine Appellate Practice
Chapter 2 Justiciability and Standing to Appeal
Chapter 3 The Final Judgment Rule and Exceptions
Chapter 4 Standard of Review
Chapter 4A State and Local Administrative Law
Chapter 5 Writing Effective Law Court Briefs
Chapter 6 Oral Argument Practice and Advocacy
Chapter 7 Ethical Issues in Appellate Practice
 Index