(a) Time for Filing Briefs. The appellant shall file the appellant’s brief within 40 days after the date on which the record is filed in the Superior Court, the appellee shall file the appellee’s brief within 30 days after service of the brief of the appellant, and the appellant may file a reply brief within 14 days after service of the brief of the appellee. In no event shall any brief be filed less than 6 calendar days before the date set for oral argument. Upon a showing of good cause, the Superior Court may increase or decrease the time limit specified in this subdivision.
Rule 76G.Briefs and Oral Arguments in the Superior Court
Adopted March 1, 2021 · Last verified July 8, 2026
In one sentenceRule 76G sets the briefing schedule for a District Court appeal once it reaches the Superior Court — 40 days for the appellant, 30 for the appellee, 14 for a reply — and the consequences of missing those deadlines, along with how oral argument gets scheduled.
Full Text of Rule 76G
(b) Consequence of Failure to File Briefs. If an appellant fails to comply with subdivision (a) of this rule, the Superior Court may dismiss the appeal for want of prosecution. If an appellee fails to comply, the appellee will not be heard at oral argument except by permission of the Superior Court.
(c) Scheduling of Oral Argument. Unless the Superior Court determines that oral argument is unnecessary or otherwise directs, all appeals shall be in order for hearing 20 days after the date on which appellee’s brief is due or is filed, whichever is earlier. The parties may, by agreement, waive hearing and submit the matter for decision on the record and the briefs. The clerk of the Superior Court shall schedule oral argument for the first appropriate date after the appeal is in order for hearing, and shall notify each counsel of record or unrepresented party of the time and place at which oral argument will be heard.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note – March 2021
Rule 76G(c) is amended to provide, consistent with the construction of Rule 80C in Lindemann v. Comm’n on Governmental Ethics & Election Pracs., 2008 ME 187, ¶¶ 23-26, 961 A.2d 538, that the court may, within its discretion, determine not to hear oral arguments in an administrative appeal to the Superior Court. Last reviewed and edited April 29, 2015
Plain-English Summary
After the record on appeal is filed, the appellant has 40 days to file a brief, the appellee has 30 days after that to respond, and the appellant can file a reply brief within 14 days after the appellee's brief — though no brief can be filed less than 6 calendar days before oral argument, and the Superior Court can adjust these deadlines for good cause. An appellant who misses the deadline risks dismissal for want of prosecution; an appellee who misses it can't be heard at oral argument without the court's permission.
Unless the court decides oral argument is unnecessary or orders otherwise, every appeal is ready for hearing 20 days after the appellee's brief is due or filed, whichever comes first, and the parties can agree to waive argument and submit the case on the briefs and record instead. The Superior Court clerk schedules argument for the first appropriate date once the case is ready, and notifies each attorney of record or unrepresented party of the time and place.
Frequently Asked Questions
What are the briefing deadlines for a District Court appeal in the Superior Court?
The appellant's brief is due 40 days after the record is filed, the appellee's brief is due 30 days after that, and the appellant's reply brief is due 14 days after the appellee's brief, with no brief allowed less than 6 calendar days before oral argument.
What happens if the appellee never files a brief?
The appellee won't be heard at oral argument, except with the Superior Court's permission.
Can the parties skip oral argument?
Yes, by agreement, the parties can waive the hearing and submit the appeal for decision on the record and the briefs alone.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 76G), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: briefing schedule Maine appealoral argument Superior Court appealappellee brief deadline