Rule 47. Motions and Motion Day

(a) Motions. An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state with particularity the grounds upon which it is made, the rule or statute invoked if the motion is brought pursuant to a rule or statute, and the relief or order sought. It may be supported by affidavit. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(b) Motion Day. The clerk of the Unified Criminal Docket shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the court at any time or place and on such notice, if any, as it considers reasonable may make orders for the advancement, conduct, and hearing of actions. To expedite its business or for the convenience of the parties, the court may make provision for the submission and determination of motions without oral hearing upon brief written statements of the reasons in support and opposition.

(c) Motion for Enlargement of Time or for Continuance. Any party filing a motion for enlargement of time to act under these Rules or for a continuance, except a continuance addressed in Rule 25A, shall file with the motion a statement indicating whether the motion is opposed or unopposed. If the position of the other party or parties cannot be ascertained, notwithstanding reasonable efforts, that shall be stated. The fact that a motion is unopposed does not assure that the requested relief will be granted.

(d) Nontestimonial Hearings Using Audio or Video Equipment. The use of telephone, audio, or video conference equipment is encouraged for nontestimonial hearings and scheduling matters. A party may request this use or the court may act upon its own initiative. The court shall direct the terms of use, and, except when only scheduling matters are to be discussed, the court shall attempt to assure that the hearing is recorded by the best practicable means.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 47 of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivision (b) the clerk of the Unified Criminal Docket assumes the former functions of the Chief Justice of the Superior Court and the Chief Judge of the District Court in establishing "regular times and places . . . at which motions requiring notice and hearing may be heard and disposed of." Second, in subdivision (c) the reference to Rule "25-A" is corrected to read "25A." See also Advisory Note—October 2013 to M.R. Crim. P. 25A.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1977 [M.R. Crim. P. 47(b).] This amendment gives authority to the Chief Justice of the Supreme Judicial Court or his designee, usually a regional presiding justice, to establish in each county times and places for hearing on motions.

Advisory Committee Note—1986 [M.R. Crim. P. 47(b).] The amendment to paragraph (b) is needed to reflect the delegation in 4 M.R.S. § 110 to the Chief Justice of the Superior Court of the authority to establish the times and places for holding court.

Advisory Committee Note—1987 [M.R. Crim. P. 47(a).] The amendment borrows from the Civil Rules the requirement that a motion state with particularity "the rule or statute invoked if the motion is brought pursuant to a rule or statute." M.R. Civ. P. 7(b)(1). The requirement augments the precision and clarity of motion practice.

Advisory Committee Note—1994 [M.R. Crim. P 47(c).] New subdivision (c) is added to facilitate the handling of motions for enlargement of time or for a continuance by ensuring that the clerks and courts are aware of the positions of all parties on the relief requested in the motion. The language of this paragraph is drawn from Rule 7(b)(4) of the Maine Rules of Civil Procedure.

Advisory Note – June 2006 M.R. Crim. P. 47(c). The amendment clarifies that a motion for continuance of trial is no longer addressed by way of subdivision (c). Instead, it is now addressed in comprehensive new Rule 25-A that became effective January 1, 2006. See Me. Rptr., 873-890 A.2d CXLV – CXLVIII.

Advisory Note – 2008 M.R.Crim.P. 47(d). The amendment adds a new subdivision (d) to Rule 47 addressing nontestimonial hearings conducted by telephone, audio or video equipment. The rule encourages the use of telephone, audio or video conference equipment for nontestimonial hearings and scheduling matters. This use should serve both to expedite the court's business and to enhance the convenience of the parties, goals already sought with respect to the resolution of motions in Rule 47(b). When employing telephone calls or audio or video conference equipment for nontestimonial hearings other than scheduling matters the court should attempt to assure recording by the best practicable means. The rule does not address proceedings in which the defendant's presence is required by Rule 43. The inapplicability of this rule to proceedings in which the defendant's presence is required by Rule 43 does not suggest that the use of telephone, audio or video conference equipment is prohibited in such proceedings. Authorization for use of telephone, audio or video conference equipment for arraignments, trials and testimonial hearings must be found in the court's inherent authority to control the conduct of the proceedings or in other rules. See, e.g., Maryland v. Craig, 497 U.S. 836, 860 (1990); State v. Twist, 528 A.2d 1250, 1255-58 (Me. 1987); M.R. Crim. P. 5(a) & 5C(a); M.R. Evid. 611.