Rule 54. Courts and Clerks

(a) Court Always Open. The court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders.

(b) Clerk's Office. The office of the clerk of the Unified Criminal Docket with the clerk or a deputy in attendance shall be open on all days except Saturdays, Sundays, legal holidays, and such other days as the Chief Justice of the Supreme Judicial Court may designate. The hours of operation shall be designated by the Chief Justice of the Supreme Judicial Court by way of administrative order.

Committee Notes

Advisory Note – April 2017 The amendment makes the following changes to Rule 54(b). First, the initial reference to the "Clerk's office" in its substance is modified to refer specifically to the "office of the clerk of the Unified Criminal Docket" for clarity. Second, the Chief Justice of the Supreme Judicial Court is substituted for "the Chief Justice of the Superior Court or Chief Judge of the District Court" regarding the designating of days, other than Saturdays, Sundays, and legal holidays, that the clerk's office may be closed. Third, the Chief Justice of the Supreme Judicial Court is similarly substituted regarding the designating of hours of operation of the clerk's office. In this latter circumstance, as is currently the practice as an exercise of supervision pursuant to 4 M.R.S. §§ 101-A and 164, the Chief Justice opts to address the hours of operation by way of administrative order. See Hours of Operation, Me. Admin. Order JB-05-4 (as amended by A. 9-16) (effective Sept. 6, 2016).

Committee Advisory Note [December 2014] The Rule mirrors the content of Rule 54 of the Maine Rules of Criminal Procedure.

[Advisory Notes to former Maine Rules of Criminal Procedure] Supreme Judicial Court Note—1984 [M.R. Crim. P. 54.] Rule 56 is amended to substitute the Chief Justice of the Superior Court for the Chief Justice of the Supreme Judicial Court as the official empowered to set the office hours of the clerk's office and designate days when it may close. The amendment implements the delegation authority contained in 4 M.R.S. § 101A, enacted by 1983 Laws, c. 269, which created the position of Chief Justice of the Superior Court. This and other simultaneous amendments are intended to give the Chief Justice of the Superior Court authority under the Maine Rules of Criminal Procedure parallel to that of the Chief Judge of the District Court under the District Court Criminal Rules. Both officials remain subject to the supervision of the Chief Justice of the Supreme Judicial Court. See 4 M.R.S. §§ 101A, 164.

Advisory Committee Note—1989 [M.R. Crim. P. 54.] New Rule 54 contains with minor modifications the language of former Rule 56. The language of former Rule 54(a) and (b) has been relocated to Rule 1 with modification and some deletions. Former Rule 54(c) has been deleted with the exception of the definition of "oath," which is now found in Rule 3(b).