Rule 49. Service and Filing of Papers

(a) Service: When Required. Written motions other than those that are heard ex parte, written notices, designations of the record on appeal, and similar papers shall be served upon each of the parties.

(b) Service: How Made. Whenever under these Rules or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made in the manner provided in civil actions.

(c) Notice of Orders. Immediately upon entry of an order made on a written motion subsequent to arraignment the clerk of the Unified Criminal Docket shall mail or deliver to each party a notice thereof and shall make a note in the docket of the mailing or delivery.

(d) Filing. Except as provided in Rule 12(b)(3)(A), papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in civil actions. All court notices in a case will be sent to the attorney for the State who has been designated by the District Attorney or Attorney General to receive notices from a court. Changes in designations of attorneys to receive notice must be filed with the Office of Information Technology. If an attorney for the State other than the designee has entered his or her appearance and wishes to receive notice, that attorney must make arrangements with the court by filing an appropriate request in the case for notice. The request must include the attorney's Maine Bar Registration Number.

(e) Form of Papers. All papers filed with the court may be typewritten, printed or otherwise duplicated upon opaque, unglazed paper 8-1/2 X 11 inches in size. The typed or printed matter must be double spaced except for quotations, head notes and footnotes and must be legible. All typed or printed matter must appear in at least 12-point type, except that footnotes and quotations may appear in 11-point type. Only one side of the paper may be used. Each paper shall contain a caption setting forth the name of the court, the county or location in which the action is pending, the docket number, the title of the case, and a brief descriptive title of the paper.

(f) Condensed Transcripts. All transcripts of trial court proceedings held in the District Court or the Superior Court shall be reproduced in accordance with M.R. Civ. P. 5(i)(2).

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).

Advisory Note – April 2015 The directive governing the filing of condensed transcripts contained in former M.R.U. Crim. P. 27(a) is relocated to new subdivision (f) of Rule 49. See also Advisory Note – April 2015 to M.R.U. Crim. P. 27.

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 49 of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivision (c) the words "of the Unified Criminal Docket" are added after the word "clerk" to enhance clarity. Second, in subdivision (d) the words "Except as provided in Rule 12(b)(3)(A)" are added because of the unique filing requirements mandated by Rule 12(b)(3)(A). Third, in subdivision (d) the letter "s" in the word "state" is capitalized because the word is used in the term "attorney for the State." See Committee

Advisory Note [December 2014] to M.R.U. Crim. P. 3(d) and (f). Fourth, in subdivision (d) the words "his or her" following the word "entered" replace the word "their" as a matter of word choice. Fifth, in subdivision (d) the final sentence is broken up into two sentences to enhance readability and clarity.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1976 [M.R. Crim. P. 49(e).] This new provision results from a continued discussion among the members of both the Civil Rules Advisory Committee and the Criminal Rules Advisory Committee relating to the size of paper used in pleadings. The preparation of records on appeal would be much cheaper and much faster if the same size paper were used in the Superior Court as is used in the Law Court, since then the pleadings and other papers filed with the Court could be photocopied to make up the record rather than having to be retyped from the large legal size paper which is customarily used now and reduced to the 81/2 x 11 paper which is required in the Law Court. It was jointly agreed that on an experimental basis a rule requiring that smaller paper be used be recommended for adoption in the criminal rules with an effective date approximately one year after promulgation in order to permit the various clerks to use up forms which have already been printed. This should result in substantial savings to the taxpayer, since in many indigent appeals it is the county or state which pays for the cost of preparation of the record on appeal. Other than the specific reference to the size of the paper the other matters in Rule 49(e) merely reflect existing practice. By virtue of the incorporation of Rule 49 of the Maine Rules of Criminal Procedure in the District Court Rules through Rule 49 of the District Court Criminal Rules the 81/2 x 11 inch size paper will also be required in criminal proceedings in the District Court.

Advisory Committee Note—1989 [M.R. Crim. P. 49(e).] Rule 49(e) is amended to delete the references to Rules 39B(g) and 39C(b).

Advisory Committee Notes—2000 [M.R. Crim. P. 49(e).] This amendment replaces "district and division" with the word "location" since the District Court is now identified in a caption by the place it is sitting. As to the other changes made in this amendment, see

Advisory Committee Note to M.R. Crim. P. 39B(g) and 39C(b).

Advisory Committee Note—2002 [M.R. Crim. P. 49(e).] The amendment requires that footnotes and quotations appear in 11 point type to conform it to M.R. Civ. P. 7(f) and M.R. App. P. 10(d).

Advisory Committee Note—2003 [M.R. Crim. P. 49(d).] This amendment adds the Attorney General as a designator in addition to a District Attorney since criminal cases are generated out of both a District Attorney office and the office of the Attorney General.