Rule 25A. Scheduling and Continuances

(a) Definitions.

(1) "Continuance Order" is defined as an order entered by the court that effectively removes a case from a trial list or date certain court event in response to a written motion. Absent the entry of a continuance order, a case is subject to being called for trial throughout the trial list period or for a court event on the designated date certain.

(2) "Effectively removes a case from a trial list" includes the unavailability for essential dates or when the number of days necessary for trial of the case, based on the parties' good faith estimate of the time for trial, is more than the difference between (A) the number of days remaining on a trial list at the time a motion for a continuance or a request for protection is made, and (B) the number of days sought in the motion for a continuance or the request for protection.

(3) "Essential Dates" include jury selection days, case management days, and other dates essential to the completion of trial on the list at issue.

(4) "Request for Protection" is defined as an informal, nondocketed written request that a case not be called for trial on one or more specified days of a trial list and that, if allowed, would not effectively remove a case from a trial list. A request for protection shall only be acted upon by the court and shall not take the place of or be treated as a motion for continuance.

(5) "Scheduled" is defined as follows: (A) For trial list cases, "scheduled" means a case has been assigned to a trial list as that term is defined in this Rule;

(B) for all other cases, "scheduled" means that a date certain has been identified for a hearing or trial.

(6) "Trial list" means the list of a group of cases assigned to an actual, discrete period of time. A trial list is not simply a list of cases ready for trial. Rather, it is a list for a trial session that has beginning and ending dates, consists primarily of consecutive court days, and realistically exposes all of the assigned cases to trial.

(b) Assignment for Trial.

(1) Jury Trial List . In those actions set for a jury trial, the clerk of the Unified Criminal Docket shall maintain a Jury Trial List. Scheduling of actions for trial from the lists shall be at the direction of the court.

(2) Nonjury Trial List . The court may by order provide for the setting of cases for nonjury trial upon the calendar. All actions, except those otherwise governed by statute or court orders shall be in order for trial at a time set by the court on such notice as it deems reasonable, but not less than 14 days after the scheduled completion of any discovery and expiration of time for filing any motions.

(c) Continuances. A motion for a continuance order shall be made immediately after the cause or ground becomes known. The motion must specify (1) the cause or ground for the request, (2) when the cause or ground for the request became known, and (3) whether the motion is opposed. If the position of the other party or parties cannot be ascertained, notwithstanding reasonable efforts, that shall be explained. Telephonic or other oral notice of the motion shall be given immediately to all other parties. The fact that a motion is unopposed does not assure that the requested relief will be granted. Continuances should only be granted for substantial reasons.

(d) Protections. A request for a protection from a trial list shall be made immediately after the cause or ground becomes known, and shall be submitted in a written Uniform Request for Protection Form or in a writing containing substantially the same information.

Committee Notes

Advisory Note – July 2015 Rule 25A(a)(4) is amended by replacing the words "a judge" with the words "the court" in order to make it consistent with subdivision (a)(1). See also M.R.U. Crim. P. 57(d).

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 25A of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivision (a)(1) the words "the court" replace the words "a judge." See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 3(b) and (d). Second, in subdivision (a)(4) the word "that" replaces the word "which" to reflect modern usage.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—January 2006 Criminal Rule 25-A, adopted today is similar to Civil Rule 40, with appropriate adjustment to recognize the differing nature of criminal cases and criminal scheduling. These amendments are designed to promote greater uniformity and predictability with respect to court event scheduling. A key determinant of event certainty in the courts is the application of uniform and predictable approaches to continuances and protections. The absence of uniformity and predictability results in more frequent postponements of scheduled court events that increase the time, expense, and clerical work associated with the resolution of disputes. The revised rule is intended to make the public and the courts more mindful of the long-term negative consequences that event uncertainty has on the public, judicial resources and, ultimately, the administration of justice. The rule provides clear guidance as to when an informal request for protection should be submitted in lieu of a formal motion for a continuance. A request for protection is an important feature of active trial list management by the court. A conflict during a trial list should be addressed by way of a request for protection, rather than a motion for a continuance order, if the granting of the request will not "effectively remove a case from a trial list" as that term is defined by the rule. The revised rule should encourage the public and the bar to make greater use of protections in lieu of continuances, and cause judges, when responding to requests for protection, to actively manage the scheduling of cases prior to and during a defined trial list period. The definition of "Trial list" corresponds with the Judicial Branch's effort to adopt effective practices surrounding the organization and judicial management of trial lists. Trial list periods and the assignment of cases to trial lists will be made in accordance with standards established by the Judicial Branch for the various case types. The revised rule provides that continuances may be granted for substantial reasons so that the judicial process does not become unnecessarily onerous or unduly burdensome to the public and the bar. Substantial reasons may include, but are not limited to, conflicts arising from (1) another scheduled court event that is a higher priority case as determined by the priority of cases established by the Supreme Judicial Court; (2) another scheduled court event in another jurisdiction; (3) long-standing travel or vacation plans of a party or attorney; (4) unforeseen witness unavailability; (5) unexpected family-care responsibilities; and (6) other unforeseeable reasons such as illness or death.

Advisory Note – October 2013 The amendment omits the hyphen in the rule number to maintain consistency with the other rules.