Me. R. Prob. P. 92.12

As amended through September 25, 2024

Rule 92.12 - Public Records and Redaction

(a) Private records. "Private Records" means

(1) all records and documents (electronic or nonelectronic) relating to an adoption proceeding;

(2) Certificates of Value (Probate Form DE-401A);

(3) Physicians' and Psychologists' Reports (Probate Form PP-505); and

(4) any record or document designated as a Private Record by the Probate Court.

(b) Public records. "Public Records" means any record or document (electronic or nonelectronic) filed with the Probate Court which is not a Private Record and which is not otherwise restricted by the Probate Court.

(c) Private information. "Private Information" means

(1) Social Security numbers of living individuals;

(2) banking/brokerage account numbers; and

(3) any other information designated as Private Information by the Probate Court.

(d) Maintenance of Private Records; Redaction of Private Information. Court staff shall docket Private Records into the electronic file such that those documents are available only to all Registered Filers of record on that particular case.

Filers are responsible for redacting Private Information before filing Public Records. If a filer discovers that he has filed a document that includes Private Information, he or she shall notify the court and shall submit a replacement, redacted, document. Upon receipt of such replacement, redacted, document, court staff shall remove the earlier electronic document from the electronic file and shall replace the same with the replacement, redacted, document.

Me. R. Prob. P. 92.12

Adopted April 13, 2012, effective 5/1/2012;October 7, 2014, effective 11/1/2014.

Advisory Committee Note - November 2011

Rule 92.12 relates to Private Records and Private Information found in Public Records. The term "Private Records" is narrowly defined to include Certificates of Value (Probate Form DE-401A) and all filings related to adoption proceedings, including Consents and Surrender and Releases. All other documents are considered Public Records. Private Information is defined to include Social Security numbers of living individuals and account numbers, including bank accounts, investment accounts and brokerage accounts.

It is the court's duty to docket Private Records into the electronic case file in such a manner that prevents anyone, other than the Registered Filers of record on that particular matter, from accessing the Private Records.

It is the Registered Filer's responsibility to ensure that Private Information is redacted from any Public Record filed with the court. If, however, after a Public Record with Private Information has been filed, Rule 92.12(e) provides a mechanism for the filer to notify the court and submit a replacement, redacted, version of the Public Record.

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