Rule 123.Appeals to the Law Court
Last verified July 8, 2026
Full Text of Rule 123
Advisory Committee’s Notes & Reporter’s Notes
Advisory Notes — June 2008
Rule 123 notes that appeals to the Law Court from orders and judgments entered in accordance with the Family Division rules are governed by the Maine Rules of Appellate Procedure. The rule contains the qualification that appeals to the Law Court are only available where there is a right of appeal to the Law Court. Rule 123 in no way expands the existing rights of appeal. For example, interlocutory or interim orders issued in Family Division actions cannot be appealed, except to the extent that appeal of such orders is specifically authorized by statute, by precedent, or by rule of court.
Rule 123 also recognizes the present practice of allowing waiver of rights of appeal, to render judgments final before expiration of the appeal period.
Plain-English Summary
Where a right of appeal to the Law Court exists from an order or judgment entered under the Family Division rules, the Maine Rules of Appellate Procedure govern that appeal. Parties may also waive their right to appeal, using a court-approved form.
Frequently Asked Questions
What rules govern an appeal to the Law Court from a Maine Family Division judgment?
The Maine Rules of Appellate Procedure, for any order or judgment carrying a right of appeal to the Law Court.
Can parties waive their right to appeal a Family Division judgment?
Yes, on a court-approved form.