Rule 73. Evidentiary Hearing, Briefs, and Arguments

(a) Evidentiary Hearing. At the time of the conference, or if a conference is dispensed with, within 28 days of the date the response is filed, either the petitioner or the respondent may request an evidentiary hearing. If either party makes such a request, the court shall, after a review of the pleadings and any other material of record, determine whether an evidentiary hearing is required. If the court determines that an evidentiary hearing is required, the hearing may be ordered held in any place open to the public in any county.

(b) Time for Briefs When No Hearing. Unless a briefing schedule has earlier been incorporated in an order arising out of the conference, if no request for an evidentiary hearing has been made or if the court determines no evidentiary hearing is required, the clerk shall send a briefing schedule to the parties as follows: The petitioner's brief shall be filed within 28 days after the last day on which a hearing could have been requested; the respondent shall file its brief within 28 days after receipt of the petitioner's brief; and the petitioner may file a reply brief within 14 days after receipt of the respondent's brief.

(c) Time for Briefs When Hearing Held. Unless otherwise ordered by the court, if an evidentiary hearing is held the petitioner's brief shall be filed within 28 days of the close of the hearing; the respondent shall file its brief within 28 days of receipt of the petitioner's brief; and the petitioner may file a reply brief within 14 days after receipt of the respondent's brief.

(d) Oral Argument. Unless dispensed with by the court, if no evidentiary hearing is held the clerk shall schedule oral argument on the next available date after the last brief is received. Oral argument may be waived by the parties.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 73 of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivisions (a), (b), and (c) "30 days" is changed to "28 days" in order to reflect the Court's preference for calculating time periods for rule purposes in increments of 7 rather than increments of 5. Second, in all of its subdivisions, the word "court" replaces "assigned justice." See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 70.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1981 [M.R. Crim. P. 73.] Rule 73 incorporates the substance of the nowrepealed 15 M.R.S. section 2129, subsection 10 (repealed by P.L.1981, ch. 238, § 5).

Advisory Committee Note—1986 [M.R. Crim. P. 73.] Rule 73 is modified in two regards. First, it places the onus on the parties to request a dispositional hearing. Second, it provides for a briefing schedule, including oral argument, in the absence of a prior order by the assigned justice.