Warren, ME asked in Appeals / Appellate Law for Maine

Q: Is my case appealable?

I am a Pro se Plaintiff, I filed a motion to modify a year later we had a hearing. My ex had a lawyer I did not. I followed all rules of civil procedure and certified mail my copies of all exhibits I was using during the hearing. Our case was over ZOOM. Day 1 I tried to present my case my exs Lawyer lied and stated I never sent him exhibits. Judge said he couldnt decide in a "vacuum" who was correct. The Judge stated that because the case was over ZOOM and there was no way for me to provide my USPS recipet of service he would allow me to present my exhibits on the 2nd day of the case as long as I gave the other side my exhibits again. I still had to present my case which was based mostly on all of my exhibits on the day 1 of trial. 2nd day came,after the other side rested I asked if I could use my exhibits to establish a change in circumstances 2 modify PR&R I was then told there was no time. can i appeal? I was also denied the chance to use rebuttal witness 4 purpose if impechment.

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1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Appeals & Appellate Lawyer
  • Yarmouth, ME
  • Licensed in Maine

A: The first thing you need to be concerned about is Maine Rule of Appellate Procedure 2B(c)(1), which provides: "The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by law. " When was this judgment entered on the docket?

If you are asking whether you have any appealable issues, that is a different question. You have not provided enough facts for an answer to that question. In any event, you should make sure you take any appropriate action within the 21-day period. Here is a link to some more information that should be helpful: https://www.courts.maine.gov/help/appeals.html

Charles William Michaels agrees with this answer

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