Me. R. Prob. P. 92.3

As amended through September 25, 2024

Rule 92.3 - Who Must File Electronically; Exceptions

(a)Required electronic filing. Except as hereinafter provided in (b) and (c), and other provisions of these rules, all parties, and others required or permitted to file, in all civil actions and probate proceedings, entered in the Probate Court, on or after the filing dates provided by Rule 92.1(a) and (b), must electronically file all documents required by the applicable rules of procedure to be filed in court. All documents generated by the court, guardians ad litem, visitors, psychologists, physicians and mediators required to file a report under the applicable rules of procedure in all civil actions and probate proceedings, on or after the required filing dates provided by Rule 92.1(a) and (b), will be filed electronically or, if filed nonelectronically, shall be scanned by court staff.

(b)Exceptions to electronic filing. Nonelectronic filing may occur as follows:

(1) An Unrepresented Party who is not a Registered Filer may file nonelectronically.

(2) A filer in a particular case is excused from electronic filing in that case by the court when exceptional circumstances make electronic filing unfeasible.

(3) Nonelectronic filing of a particular document or information is permitted by the court to protect confidentiality or for other good cause.

(4) Nonelectronic filing is permitted when expressly permitted by these rules or an applicable rule of procedure.

(5) Nonelectronic filing is permitted when a document cannot reasonably be scanned and filed electronically because of its dimensions, shape, or condition.

(c)Required nonelectronic filing. A document must be filed by nonelectronic means when:

(1) It is an original testamentary document;

(2) Nonelectronic filing is expressly required by these rules or an applicable rule of procedure; or

(3) The court orders a filer to file by nonelectronic means upon a finding that the filer has abused the system by repeated filing of irrelevant, abusive, or duplicative documents or information.

(d)Consequence of filing by improper method. If a document that is required to be filed electronically is filed nonelectronically, it will not be accepted and will not be scanned. The filer may resubmit the document electronically pursuant to these rules, and the date and time of filing will be the date and time that the original filing was submitted.

(e)Service. A party who filed a nonelectronic document must serve notice of the filing and a copy of the document on all parties and the Probate Court in any manner appropriate under the applicable rules of procedure, except for documents filed ex parte.

Me. R. Prob. P. 92.3

Adopted April 13, 2012, effective 5/1/2012; October 7, 2014, effective 11/1/2014; amended July 18, 2018, effective 1/1/2019.

Advisory Committee Note - November 2011

Rule 92.3(a) requires electronic filing for parties and others permitted or required to file in proceedings in the Probate Court. All documents generated by the court and others will also be filed electronically or scanned by the court staff.

Subdivision (b) enumerates exceptions to the electronic filing requirement. These include filings made by a self-represented party, an emeritus attorney, and those excused by the court for exceptional circumstances. Nonelectronic filing is also permitted to protect confidentiality, when documents that cannot reasonably be scanned for physical reasons, dimensions, shape or condition, and for other good causes.

Subdivision (c) requires filing by non-electronic means for an original testamentary document, documents excepted by another rule of procedure, and by order of the court to prevent abuse of the system.

Advisory Note - January 2019

The term "Unrepresented Party" replaces the term "self-represented party" in Rule 92.2(b)(1).

The elimination of subparagraph (b)(5) from Rule 92.2 is intended to ensure that all attorneys are required to file electronically regardless of when the matter commenced or by whom.