Rule 92.5 - Procedures for Electronic Filing(a) Logging into system. A Registered Filer may initiate a new civil action or probate proceeding, or file documents in a civil action or probate proceeding that is in the electronic filing system, when required or permitted under Rule 92.3, by logging in on the electronic filing system website with a user name and password obtained as provided in Rule 92.4. (b) Transmitting documents. Each filing will be initiated by completing the "new case" or "existing case" pages on the electronic filing system website by attaching documents required or permitted to be filed that have been prepared, formatted, and signed as provided in Rules 92.7 and 92.8.(c) Time of filing. An electronic filing may be submitted on any day, including holidays and weekends, and at any time. A filing is considered submitted on a date if it is submitted prior to midnight on that date. Failure of the filer's system will not excuse a failure to comply with a filing deadline unless the court exercises its discretion to extend the deadline. (d) Acknowledgment or rejection of filing. The electronic filing system will automatically acknowledge receipt of any filing, but it will automatically reject any filing that does not comply with the requirements of Rule 92.7(a). A filer may resubmit a rejected filing at any time after addressing the reasons for rejection, but the date and time of filing for all purposes under the applicable rules of procedure are the date and time that the filing is resubmitted. (e) Review by court staff. A filing that has not been automatically rejected will be reviewed by court staff for compliance, and court staff will then electronically notify the filer either that the filing has been accepted or that it cannot be accepted until specified actions required under those rules have been taken. A filer may submit a corrected filing within seven calendar days after receiving the notification. Failure to submit a corrected filing on a timely basis shall constitute a rejected filing. Court staff will accept a corrected filing if all requirements of those rules have been met. When an original or corrected filing has been accepted, or when a court-generated document is filed, the date and time of filing for all purposes under the applicable rules of procedure are the date and time that the original filing was submitted. Court staff will provide a docket number for a new filing that has been accepted in the acceptance notification. The assigned docket number must appear on all subsequent filings pertaining to the case.(f) Notice of filing. The filer must serve notice of the filing and a copy of an electronically filed document as provided in Rule 92.11 on all parties or persons upon whom service is required by the applicable rules of procedure.(g) Calculation of deadlines. Deadlines for responding to electronic filings shall be calculated from the date of acceptance by the court staff.Adopted April 13, 2012, effective 5/1/2012;October 7, 2014, effective 11/1/2014.Advisory Committee Note - November 2011
Rule 92.5 was created to set forth the specific procedures for the electronic filing of both probate and civil matters in Maine's Probate Courts. The specific procedures for every type of filing within the Probate Court will be available through a drop-down menu on the State's Probate Court uniform website. This rule allows for the filing at any time but leaves the determination as to whether or not the filing is accepted to the court staff. This rule establishes the criteria and mechanism for court staff to accept or reject any filing.