M.R. Elec. Ct. Sys. 1

(A) Scope. These rules define the scope of access to court records

electronically stored by the Maine Judicial Branch and govern electronic filing

and service of documents. Filers of documents that are conventionally filed into

a court that uses the Electronic Filing System (EFS) must comply with these

rules. They shall be construed to secure simplicity and fairness in

administration and the elimination of unjustifiable expense and delay.

(1) These rules apply to:

(a) Anyone filing or requesting access to electronic court

records; and

(b) All court staff and other persons conducting business

on behalf of the court, including justices, judges, and

magistrates, responding to requests for electronic court

records.

(2) These rules do not apply to county probate courts or paper

records and paper filings in existence on or made before the date these

rules are implemented in the courthouse where the record is located.

(B) Principles. Public access to court records is restricted in certain

instances by law. When public access to court records is not controlled by law,

these rules will control public access, and every judge, justice, and magistrate

applying these rules shall consider the following principles in determining

public access:

(1) Public access to records can inform and educate the public

about the workings of government, support accountability, and advance

public safety;

(2) Persons who use the courts have a legitimate expectation of

privacy. Providing access to personal details in court records can put the

parties at risk and create a disincentive to use the courts;

(3) The public can be informed of court activity without having

access to all of the personal details in a court record; and

(4) When digital information or data are made accessible by the

public remotely, neither the Maine Judicial Branch nor any other entity

or person has the practical ability to control its dissemination or use.