Maine Code § 4-57

Jurisdiction; disposition of cases; technical errors in pleading and procedure
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The following cases only come before the court as a court of law: Cases on appeal from the District
Court, the Superior Court or a single Justice of the Supreme Judicial Court or from the probate courts;
questions of law arising on reports of cases, including interlocutory orders or rulings of such importance
as to require, in the opinion of the justice, review by the Law Court before any further proceedings in
the action; agreed statement of facts; cases presenting a question of law; all questions arising in cases
in which equitable relief is sought; motions to dissolve injunctions issued after notice and hearing or
continued after a hearing; questions arising on habeas corpus, mandamus and certiorari and questions
of state law certified by the federal courts. They must be marked "law" on the docket of the county or

district where they are pending, and there continued until their determination is certified by the Clerk
of the Law Court to the clerk of courts of the county and the court shall immediately after the decision
of the question submitted to it make such order, direction, judgment or decree as is fit and proper for
the disposal of the case, and cause a rescript in all civil actions, briefly stating the points therein decided,
to be filed therein, which rescript must be certified by the Clerk of the Law Court to the clerk of courts
of the county or district where the action is pending and to the Reporter of Decisions. If no further
opinion is written out, the reporter shall publish in the next volume of reports thereafter issued the case,
together with such rescript, if the reporter deems the same of sufficient importance for publication. [PL
1999, c. 731, Pt. ZZZ, §2 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
When the issues of law presented in any case before the Law Court can be clearly understood, they
must be decided, and a case may not be dismissed by the Law Court for technical errors in pleading
alone or for want of proper procedure if the record of the case presents the merits of the controversy
between the parties. Whenever, in the opinion of the Law Court, the ends of justice require, it may
remand any case to the court below or to any justice or judge thereof for the correction of any errors in
pleading or procedure. In remanding said case, the Law Court may set the time within which said
correction must be made and said case reentered in the Law Court. [PL 1999, c. 731, Pt. ZZZ, §2
(AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
When it appears to the Supreme Court of the United States, or to any court of appeals or district
court of the United States, that there is involved in any proceeding before it one or more questions of
law of this State, which may be determinative of the cause, and there are no clear controlling precedents
in the decisions of the Supreme Judicial Court, such federal court may certify any such questions of
law of this State to the Supreme Judicial Court for instructions concerning such questions of state law,
which certificate the Supreme Judicial Court sitting as the Law Court may, by written opinion, answer.
[PL 1999, c. 731, Pt. ZZZ, §2 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

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