Me. Rev. Stat. » Title 14
Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 6008 (2026)

Appeal

✓ current as of May 2026
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1.  Right to appeal.  Either party may appeal on questions of law from a judgment to the Superior Court as in other civil actions. Either party may appeal on any issue triable by right by a jury to a trial de novo in the Superior Court as provided in this section. The time for filing an appeal of the judgment of the District Court expires upon the issuance of the writ of possession pursuant to section 6005 or 30 days from the time the judgment is entered, whichever occurs first.  
[PL 1997, c. 336, §2 (AMD).]
2.  Appeal by defendant; record; stay.  When the defendant appeals, the defendant shall pay to the plaintiff or, if there is a dispute about the rent, to the District Court, any unpaid portion of the current month's rent or the rent arrearage, whichever is less. The District Court shall promptly transmit the record and any such payments to the Superior Court without waiting for the preparation of a transcript of recorded testimony. The Superior Court may stay the issuance of a writ of possession pending disposition of the appeal.  
A. The Superior Court shall condition the granting and continuation of the stay on the defendant's payment of rent for the premises as required by this subsection at the time of appeal and on payment of any rent that has accrued since the filing of the appeal to the plaintiff or, if there is a dispute about the rent, into an escrow account to be administered by the clerk of the Superior Court. Upon application of either party, the Superior Court may authorize payments from the escrow account for appropriate expenses related to the premises. The appeal decision or an agreement of the parties must provide for the disposition of the escrowed rent.   [PL 1997, c. 336, §2 (AMD).]
B. The Superior Court may condition the granting and continuation of the stay, in appropriate cases, on the defendant's agreement to refrain from causing any nuisance or damage.   [PL 1995, c. 448, §2 (NEW).]
[PL 1997, c. 336, §2 (AMD).]
3.  Vacation of stay; security; remedial order.  Upon finding a violation of the conditions for granting the stay, the Superior Court shall vacate the stay and may issue a writ of possession. The Superior Court may require the plaintiff to provide security as may be necessary to protect the defendant's interest while the appeal is pending. If the defendant prevails, the Superior Court may issue a remedial order as necessary to make the defendant whole, including damages.  
[PL 1995, c. 448, §2 (NEW).]
4.  Claim of title.  In disputes involving a claim of title, the District Court may provide for discovery on an expedited schedule.  
[PL 1995, c. 448, §2 (NEW).]
5.  Security.  For the purposes of this section, "security" may include a bond, an escrow account, a lien, a mortgage, an order to make payments under a lease or contract as they become due or any other financial protection as is reasonably necessary to protect the interests of a party. The District Court and the Superior Court may make any necessary orders with respect to the provision of security, revise the orders when required by the interests of justice, sanction a party for failure to comply with a security requirement and waive or modify the requirement of security for good cause shown and recited in an order.  
[PL 1995, c. 448, §2 (NEW).]
6.  Affidavit required.  A notice of appeal filed by the defendant must be accompanied by an affidavit stating the defendant has complied with the requirements of subsection 2 regarding the payment of rent.  
[PL 2011, c. 405, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 172, §1 (AMD). PL 1989, c. 377 (AMD). PL 1995, c. 448, §2 (RPR). PL 1997, c. 336, §2 (AMD). PL 2011, c. 405, §3 (AMD).
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Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1970–2022 · leading case: North Sch. Congregate Hous. v. Merrithew, 558 A.2d 1189 (Me. 1989).
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North Sch. Congregate Hous. v. Merrithew, 558 A.2d 1189 (Me. 1989). · cites it 3× “” 14 M.R.S.A. § 6008. Since we have concluded that article I, section 20 of the Maine Constitution requires that a jury trial be available in an FED action, the provisions of M.”
Portland Stage Co. v. Bad Habits Live, 775 A.2d 1132 (Me. 2001). · cites it 4× “” Pursuant to 14 M.R.S.A. § 6008(1) (Supp.2000), any appeal from the judgment was required to be filed within thirty days after entry of the judgment or before the issuance of the writ, whichever occurred earlier.”
Mulholland v. Poole, 866 A.2d 122 (Me. 2005). · cites it 4× “The money was ordered into the PTLA account rather than into an escrow account administered by the Clerk of Court pursuant to 14 M.R.S.A. § 6008 (2003) as a result of the offer by Poole's attorney to reduce the administrative burden on the court clerk.”
Jones v. York, 444 A.2d 382 (Me. 1982). · cites it 2× “By motion filed in the Superior Court the plaintiffs sought an order against the defendant for him to pay rent into an escrow account, pursuant to 14 M.R.S.A. § 6008, while in possession of the premises, should the issuance of the writ of possession be stayed pending disposition…”
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017 LLC, 2021 ME 33 (Me. 2021). “” However, it determined that new and different conduct had not occurred because 20 Thames’s allegations referred to Ocean State’s conduct as ongoing and continuous and that conduct predated the 2018 complaint.”
Harrington v. Harrington, 269 A.2d 310 (Me. 1970). · cites it 2× “” In her points on appeal the defendant claims the Superior Court erred in failing to exempt her on account of poverty from compliance with the security requirements of 14 M.R.S.A. § 6008, and the District Court in compelling obedience to the dictates of 14 M.”
Irving Oil Corp. v. Maine Aviation Corp., 1998 ME 16 (Me. 1998). · cites it 2× “” Payments were to be deposited into an escrow account pursuant to 14 M.R.S.A. § 6008 (1980 & Supp.1996). 3 Although defendants maintain that the court improperly calculated the fair rental value of the premises, we review only for clear error.”
Hous. Auth. of City of Bangor v. Maheux, 2000 ME 60 (Me. 2000). “” 14 M.R.S.A § 6008 (Supp.1999). In this case, the judgment was entered on December 21, 1998, and thereafter the court stayed the issuance of the writ of possession.”
Rairdon v. Dwyer, 598 A.2d 444 (Me. 1991). “Finding no error in the Superior Court’s application of 14 M.R.S.A. § 6008 (Supp.1990), 1 which required the Dwyers to pay rent into an escrow account in order to stay the issuance of the writ of possession pending appeal, we affirm.”
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017, LLC, 2020 ME 55 (Me. 2020). “See 14 M.R.S. § 6008(1) (2018).1 That court (Warren, J.”
LH Hous., LLC v. Douglas (Me. Super. Ct 2021). · cites it 13× “Because Defendants have failed to comply with two requirements of 14 M.R.S. § 6008 for commencing an appeal, the Court dismisses Defendants' Appeal.”
Simon v. Simon (Me. Super. Ct 2017). · cites it 7× “Ronald was the Defendant in a forcible entry and detainer action iniliated by Roger Simon (hereafter Roger) regarding property at 357 Thibodeau Road, Woodland, Maine.”
Show all 26 citing cases →
— Me. Rev. Stat. tit. 14, § 6008(1) — 6 cases
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017 LLC, 2021 ME 33 (Me. 2021). “” However, it determined that new and different conduct had not occurred because 20 Thames’s allegations referred to Ocean State’s conduct as ongoing and continuous and that conduct predated the 2018 complaint.”
Portland Stage Co. v. Bad Habits Live, 775 A.2d 1132 (Me. 2001). “” Pursuant to 14 M.R.S.A. § 6008(1) (Supp.2000), any appeal from the judgment was required to be filed within thirty days after entry of the judgment or before the issuance of the writ, whichever occurred earlier.”
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017, LLC, 2020 ME 55 (Me. 2020). “See 14 M.R.S. § 6008(1) (2018).1 That court (Warren, J.”
20 Thames Street, LLC v. Ocean State Job Lot of Maine, LLC (Me. Super. Ct 2019).
Shalom House, Inc. v. Johnson (Me. Super. Ct 2020).
— Me. Rev. Stat. tit. 14, § 6008(2) — 8 cases
Portland Stage Co. v. Bad Habits Live, 775 A.2d 1132 (Me. 2001). “” Pursuant to 14 M.R.S.A. § 6008(1) (Supp.2000), any appeal from the judgment was required to be filed within thirty days after entry of the judgment or before the issuance of the writ, whichever occurred earlier.”
Irving Oil Corp. v. Maine Aviation Corp., 1998 ME 16 (Me. 1998). “” Payments were to be deposited into an escrow account pursuant to 14 M.R.S.A. § 6008 (1980 & Supp.1996). 3 Although defendants maintain that the court improperly calculated the fair rental value of the premises, we review only for clear error.”
LH Hous., LLC v. Douglas (Me. Super. Ct 2021). “Because Defendants have failed to comply with two requirements of 14 M.R.S. § 6008 for commencing an appeal, the Court dismisses Defendants' Appeal.”
Simon v. Simon (Me. Super. Ct 2017). “Ronald was the Defendant in a forcible entry and detainer action iniliated by Roger Simon (hereafter Roger) regarding property at 357 Thibodeau Road, Woodland, Maine.”
Sherwood Assocs. LP v. Jackson, 200 A.3d 1259 (Me. 2019).
— Me. Rev. Stat. tit. 14, § 6008(2)(A) — 3 cases
Mulholland v. Poole, 866 A.2d 122 (Me. 2005). “The money was ordered into the PTLA account rather than into an escrow account administered by the Clerk of Court pursuant to 14 M.R.S.A. § 6008 (2003) as a result of the offer by Poole's attorney to reduce the administrative burden on the court clerk.”
LH Hous., LLC v. Douglas (Me. Super. Ct 2021). “Because Defendants have failed to comply with two requirements of 14 M.R.S. § 6008 for commencing an appeal, the Court dismisses Defendants' Appeal.”
Whipping Post, LLC v. Fowler (Me. Super. Ct 2022).
— Me. Rev. Stat. tit. 14, § 6008(2)(A)(2021) — 1 case
Whipping Post, LLC v. Fowler (Me. Super. Ct 2022).
— Me. Rev. Stat. tit. 14, § 6008(6) — 1 case
LH Hous., LLC v. Douglas (Me. Super. Ct 2021). “Because Defendants have failed to comply with two requirements of 14 M.R.S. § 6008 for commencing an appeal, the Court dismisses Defendants' Appeal.”
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