§ Rule 76C Removal to the Superior Court

Codes > Maine Revised Statutes > Rules of > IX-A Removal > Rule 76C

Rule 76C. Removal to the Superior Court

    (a) Notice of Removal to the Superior Court for Jury Trial. Except as otherwise provided in these rules, a defendant or any other party to a civil action or proceeding in the District Court may remove that action to the Superior Court for jury trial in the county in which the division of the District Court is located by filing notice of removal, serving a copy of the notice upon all other parties, and paying to the clerk of the District Court the jury fee. Parties joined as defendants
may file jointly or separately for removal. The notice shall be filed within the time for serving the answer to a complaint or other pleading to which an answer is allowed under Rule 7(a) or reply to a counterclaim or at the time for appearance if no written answer is required. For cases required to have an alternative dispute resolution conference pursuant to Rule 16B, payment of the jury fee shall be made as required by Rule 16B(i).

    (b) Proceedings for Removal. Upon the filing of the notice of removal and payment of the jury fee required by subdivision (a) of the rule, the clerk shall thereupon file with the Superior Court the record as provided in Rule 76F(a) for appeals, provided that the District Court shall first determine any motions for approval of attachment, trustee process or replevin pending when the notice of removal was filed. Any order of the District Court entered on such a motion, or any other order of the District Court entered prior to removal, shall remain in force until modified by the Superior Court. If the party giving notice of removal does not comply with the requirements of this rule, the action shall proceed in the District court as if no notice had been filed.

    (c) Proceedings in the Superior Court. Removal shall be deemed complete upon receipt of the record in the Superior Court. The clerk of the Superior Court shall send each counsel of record or unrepresented party a written notice of the docketing of receipt of the record, the Superior Court docket number, and the date or receipt of the record. All filings thereafter shall be made in the Superior Court, and the action shall be prosecuted in the Superior Court as if originally commenced therein. The removal to the Superior Court for trial by jury may be reviewed by the Superior Court on motion. Upon a finding by the Superior Court of improvident removal, the action shall be remanded to the District Court and no fees previously paid shall be refunded.