Me. R. Prob. P. 92.6

As amended through September 25, 2024

Rule 92.6 - Nonelectronic Documents

(a) Original testamentary documents. The court staff shall scan all nonelectronic documents filed pursuant to Rule 92.3(c)(1); shall include such scanned documents in the electronic case file; and shall maintain such original testamentary documents in a nonelectronic case file for a period of five years, after which the Register may return all such original documents to the last serving Personal Representative.

(b) Large or damaged documents. The court shall retain all nonelectronic documents filed pursuant to Rule 92.3(b)(7) in a nonelectronic case file and shall maintain such nonelectronic documents until the later of two years from the date of filing of the document or final disposition of the matter, including the disposition of all appeals or the running of the time for appeal. At the conclusion of this term, the court shall thereafter return such nonelectronic documents to the filer.

(c) Other nonelectronically filed documents. The court staff shall scan all other nonelectronic documents filed pursuant to Rule 92.3(b) and (c); shall include such scanned documents in the electronic case file; and shall thereafter return such nonelectronic documents to the filer. The filer must retain the original of each such nonelectronic document and make it available for inspection upon seven days notice by the signers or the court until the later of two years from the date of filing or final disposition of the matter, including the disposition of all appeals or the running of the time for appeal. The court is not required to maintain nonelectronic files for probate proceedings or civil actions commenced after the date on which electronic filing is required.

Me. R. Prob. P. 92.6

Adopted April 13, 2012, effective 5/1/2012.

Advisory Committee Note - November 2011

Rule 92.6 outlines the procedures for docketing and maintaining documents filed nonelectronically either as permitted under Rule 92.3(b) or as required under Rule 92.3(c).

Rule 92.6(a) relates to documents that are required to be filed in nonelectronic form pursuant to Rule 92.3(c)(1) - Testamentary Documents. Rule 92.6(a) provides that the court will scan the testamentary document, add it to the electronic file, and maintain the original document for at least five years. After the expiration of the five-year term, the court may continue to maintain the original or it can return the original to the last serving Personal Representative. The Advisory Committee determined that five years was a sufficient time period for retention, as it is extremely unlikely that anyone would need an original testamentary document five years after the beginning of the probate process. However, recognizing the long history of retaining such testamentary documents, Rule 92.6(a) does not require the return of such documents and courts may, in fact, choose to keep those original documents. Rule 92.6(b) relates to those documents filed nonelectronically pursuant to Rule 92.3(b)(7) because the document "cannot reasonably be scanned and filed electronically because of its dimensions, shape, or condition."

Rule 92.6(b) requires the court to maintain the nonelectronic document for the longer of two years from the date of filing or final disposition of the matter, including the disposition of all appeals or the running of the time for appeal. The Advisory Committee determined that maintaining the original document for a period of two years after the disposition of the matter was sufficient. Upon the termination of the two year period, the court is to return the original document to the filer.

Rule 92.6(c) relates to all other documents filed nonelectronically, either as permitted under Rule 92.3(b) (1-7) or as required pursuant to Rule 92.3(c)(2) and (3). In those circumstances, the court will scan the document; add it to the electronic file; and return the original document to the filer. The filer then has the obligation to retain the original document and make it available for inspection for the longer of two years from the date of filing or two years after final disposition of the matter, including the disposition of all appeals or the running of the time for appeal.

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