§ Rule 80L Jury Trial De Novo in Small Claims Appeals to the Superior Court

Rule 80L. Jury Trial De Novo in Small Claims Appeals to the Superior Court

(a) Applicability. This rule governs proceedings in jury trials de novo on appeal to the Superior Court from judgments of the District Court in small claims actions.The other provisions of the Rules of Civil Procedure do not apply to such proceedings except as provided in this rule.

(b) Scope; Service and Filing of Papers; Time; Motions. Rules 1, 2, 5, 6, 7(b), 11, and 15(b) of these rules apply to jury trials de novo in small claims appeals, so far as applicable. All notices given to the defendant shall be sent by ordinary mail addressed to the post office address of the defendant set forth on the notice of appeal.

(1) Determination on Affidavits. When the record in a small claims appeal in which jury trial de novo has been demanded is received in the Superior Court, the clerk shall immediately notify the parties. The plaintiff may, within 10 days after the mailing of such notification, file a counteraffidavit or affidavits meeting the requirements of Rule 56(e), together with a brief statement of the grounds of any cross appeal for which a notice was filed under Rule 11(a) of the Maine Rules of Small Claims Procedure. The court shall thereupon review the affidavits of both parties, together with the entire record on appeal, and shall determine whether the defendant's affidavits are adequate and, if so, whether there is a genuine issue of material fact as to which there is a right to trial by jury.

(2) Genuine Issue of Fact: Further Pretrial Proceedings; Assignment for Trial. If the court finds that defendant has shown in light of the affidavits and the whole record that there is a genuine issue of material fact as to which there is a right to trial by jury, it shall either direct the clerk immediately to place the action upon a jury trial list maintained in accordance with Rule 40(a) or shall order the parties to file pretrial memoranda containing specified information or to appear for apretrial conference or to file memoranda and appear for a conference. After review of the pretrial memoranda or at the conclusion of the conference, the court shall direct the clerk to place the action upon a jury trial list. Scheduling of actions for trial shall be at the direction of the court, as provided in Rule 40(a).

If either party intends to offer witnesses or exhibits not offered at the trial in the District Court, that party shall file a list of the names and addresses of such witnesses and a brief description of such exhibits within 10 days after notification that the action has been placed upon a jury trial list or, if pretrial memoranda or a pretrial conference have been ordered, at the time set by the court for such memoranda or conference. The opposing party may file a similar list and description in reply within 10 days, or as ordered by the court. No witness or exhibit may be offered in the Superior Court unless it was offered in the District Court or appears on a list filed in accordance with this paragraph.

(3) No Genuine Issue of Fact: Disposition. If the court finds that defendant has not shown in light of all the affidavits and the whole record that there is a genuine issue of material fact as to which there is a right to trial by jury, it shall enter judgment dismissing the appeal, and further proceedings shall be had as provided in subdivision (d) of this rule; provided that, if either party has raised an independent question of law in the notice of appeal, the court shall review the record pertaining to it. If the court finds that a properly raised question of law is material to a legal claim or defense, the appeal shall proceed as provided for appeals on questions of law in Rule 11 of the Maine Rules of Small Claims Procedure.

(4) Jury Trial. An action placed upon a jury trial list shall be tried by jury. If the defendant withdraws the demand for jury trial in a writing filed with the clerk before the date on which the jury is to be empanelled, or if the court upon its own initiative at any time finds that no right to trial by jury of any issue exists under the Constitution or statutes of the State of Maine, the appeal shall be dismissed or proceed on a material question of law, as provided in paragraph (3) of this
subdivision.

(5) Continuances; Dismissal. Rules 40(b) and (c) and 41 of these rules apply to jury trials de novo in small claims appeals, so far as applicable.

(6) Evidence. Rules 43, 44, 44A, 45, and 46 of these Rules, and the Maine Rules of Evidence, apply to jury trials de novo in small claims appeals, so far as applicable.

(7) Jurors; Majority Verdict; Submission to the Jury. Rules 47, 48, 50, and 51 of these rules apply to jury trials de novo in small claims appeals, so far as applicable.

(d) Judgment.

(1) Rules Applicable. Rules 54, 54A, 55, 58, 59, 60, 61, 62, and 63 of these rules apply to jury trials de novo in small claims appeals so far as applicable.

(2) Amount of Judgment. In no event shall the judgment entered exceed the statutory amount exclusive of interest and costs.

(3) Interest. A money judgment entered on a verdict shall bear interest at the post-judgment rate provided by law only from the date of the entry of judgment in the Superior Court.

(4) Mandate. Upon entry of judgment in the Superior Court, the court shall thereupon remand the case to the District Court from which it originated for entry of a like judgment, and for any further proceedings.

(e) Appeal to the Law Court. A party entitled to appeal to the Law Court from a decision of the Superior Court may do so as in other civil actions.

(f) Miscellaneous Provisions. Rules 77, 78, 79, 81, 82, 83, 84, 85, 86, 89, 90, and 91 of these rules apply to jury trials de novo in small claims appeals, so far as applicable.