M.R. Civ. P. 76H

(a) Establishment of mechanism for recording. The Administrative Office

of the Courts and each Probate Court shall provide a mechanism by which the

sound from any courtroom proceeding may be electronically recorded.

(b) Court’s Recording of Proceedings.

(1) The court may record any proceeding.

(2) The court must record any proceeding that

(A) any statute, court rule, or administrative order requires be

recorded; or

(B) any party requests, at least 24 hours before the start of the

proceeding, be recorded.

(3) At all times, the operation of the recording equipment shall be

subject to the direction and order of the court, subject to all applicable statutes,

rules, and administrative orders, and subject to any right of any party to have

the proceeding recorded.

(c) Independent Recordings.

(1) When There is No Recording by the Court. Except as provided in

paragraph (3), any party or counsel may independently record or transcribe a

proceeding that is not recorded by the court upon notice to the court and all

parties.

(2) When There is a Recording by the Court. Except as expressly

permitted by the court, no party or counsel may independently record or

transcribe a proceeding that is recorded by the court.

(3) Order prohibiting independent recording. The court may

prohibit any independent recording or transcription

(A) In any child protection proceeding;

(B) In any proceeding for protection from abuse;

(C) In any proceeding closed to the public by statute, court rule, or

court order;

(D) When the court determines that an independent recording or

transcription would create a risk to public safety; or

(E) When the court determines that prohibition of an independent

recording or transcription is necessary to prevent intimidation of a

witness or to protect an individual from harassment.

(4) Conditions on party’s or counsel’s recording. When a party or

counsel is permitted to independently record a proceeding, the recording must

be made at the expense of that party or counsel and without disrupting any part

of the proceeding.

(5) Non-Party Requests to Record. A person who is not a party or

counsel to a proceeding may record the proceeding only as permitted by

Cameras and Audio Recording in the Courts, Me. Admin. Order JB-05-15, as

amended.

(d) Official Record. When the court has not created a record, a transcript

of a recording created independently by a party or by counsel shall become part

of the official record of that proceeding after all parties have had an opportunity

to review the transcript and do not object to it, or to a part of it, as inaccurate,

incomplete, or misleading, unless the court determines after review of the

transcript that the transcript, or a part of it, is inaccurate, incomplete, or

misleading. If the transcript is offered for placement in the official record, or if

the transcript is challenged, the court may require the production of the

original recording.

(e) Transcription of a Court Recording.

(1) In General. Except as otherwise ordered by the court, any party

may request a transcript of a proceeding that has been recorded by the court,

and any person or organization may request a transcript of a proceeding that is

open to the public.

(2) Cost of Transcript. The person or organization ordering a

transcript of a proceeding that has been recorded by the court must pay the

cost of the transcript before the transcript will be provided, except when the

court is authorized to approve, and has approved, the transcription at the

State’s expense. The fees that will be charged for transcript production are

established in Revised Court Fees Schedule and Document Management

Procedures, Me. Admin. Order JB-05-26, as amended.

(3) Transcript on Appeal.

(A) Appeal to the Law Court. In an appeal to the Law Court, the

transcript of a proceeding that has been recorded by the court must be

ordered and transmitted as provided in M.R. App. P. 5(b) and 6(c).

(B) Appeal to the Superior Court.

(i) Transcript Order. An appellant must file with the notice of

appeal a fully completed transcript order form in order to include in the

record on appeal from the District Court to the Superior Court a complete

or partial transcript of a proceeding that has been recorded by the court.

If the appellant does not order a transcript of the proceeding that has

been recorded by the court or does not order the entire transcript, the

appellee may, within 10 days after being served with the notice of appeal,

order a transcript of all or any portions of the proceeding by filing and

serving on all other parties a fully completed transcript order form. The

ordering party must pay for the transcript as provided by M.R. App. 5(b).

(ii) Transmission of Transcript. Immediately upon completion of

the transcript of a proceeding that has been recorded by the court, the

office designated by administrative order must transmit the original of it

to the clerk of the Superior Court for filing and inclusion in the record on

appeal. The clerk shall serve notice of the filing upon all parties.

(4) Correction of Transcript. If either party claims an error in the

transcript of a proceeding that has been recorded by the court, such error may

be corrected at any time by order of the court.

(f) Standards and procedures. The Administrative Office of the State

Courts and each Probate Court must establish in their respective courts

standards and procedures to ensure that a clear recording is made of any

recorded proceeding, that the transcriptionist has all information necessary to

produce an accurate transcript, and that a timely and accurate transcript is

produced upon request of an authorized person. The established standards and

procedures must include, but are not necessarily limited to, standards and

procedures relating to

(1) The courtroom operation of the electronic recording

equipment;

(2) The creation of a written record of any necessary information;

(3) The retention of the recording and written records;

(4) The transmission of the recording and written records to the

transcriptionist;

(5) The transcription of the recording and the filing of the

transcript with the court; and

(6) The retention and destruction of the recording and written

records.

(g) Applicability. This rule governs only the recording and case-related

use of the recording by the court, the parties, or counsel, not any potential

recording or transmission of a recording by other entities, which is governed

by Cameras and Audio Recording in the Courts, Me. Admin. Order JB-05-15, as

amended.