M.R. Elec. Ct. Sys. 33

(A) Registration. Any person submitting documents to the court

through the EFS must register to use the system.

(B) Required Use of the EFS. Except as provided in subdivisions (C)

and (D), use of the EFS in all case types is mandatory for:

(1) Attorneys licensed in Maine;

(2) State, county, and municipal filers except for

(a) Maine Law Enforcement, meaning all officers defined

in 25 M.R.S. § 2801-A;

(b) Bail Commissioners, as defined in 15 M.R.S. § 1023;

and

(c) Representatives of the Maine Department of Health

and Human Services filing Requests for Preliminary Protection

Orders pursuant to 22 M.R.S. § 4034; and

(3) Guardians ad litem;

(4) Filers seeking involuntary commitment in accordance with

34-B M.R.S. § 3863(5-A)(C);

(5) Unrepresented litigants, upon transfer to the Business and

Consumer Docket, unless they obtain a good cause exception; and

(6) Unrepresented litigants filing more than six cases in the

current calendar year that are not one of the following emergency case

types:

(a) Protection from abuse or harassment requests;

(b) Extreme risk protection matters;

(c) Sterilization proceedings;

(d) Requests for emergency guardianship of a minor; and

(e) Three-party child protection petitions.

(C) Exemption to Required Use of the EFS.

(1) An unrepresented litigant in an emergency case as defined

in Rule 33(B)(6) is not required to use the EFS.

(2) State Forensic Services is not required to use the EFS.

(3) Any person applying to admit a person to a psychiatric

hospital pursuant to 34-B M.R.S. § 3863(1) is not required to use the EFS.

(4) The filer of a responsive pleading in a case that has been

initiated by service of the summons and complaint pursuant to M.R.

Civ. P. 3(a), and in which the complaint has not yet been filed is not

required to use the EFS.

(5) Any filer, including an attorney, that is filing into a case at

the Violations Bureau is not required to use the EFS.

(D) Good Cause Exceptions to Required Use of the EFS. Anyone

otherwise required to use the EFS may be excused from mandatory electronic

filing only upon motion and a showing of good cause. Good cause means

circumstances that would render electronic filing such a hardship that access

to the court would be denied. For the limited purpose of seeking an exception

to mandatory electronic filing and service, the motion may be filed

conventionally. If the court grants a motion for a good cause exception, the

court shall establish the scope of the exception. The court may amend or

revoke the good cause exception on its own initiative or upon motion of a

party.

(E) Elective Use of the EFS.

(1) Elective use of the EFS requires registration in compliance

with subdivision (A). Filers who elect to use the EFS must comply with

these rules for the duration of the case, unless excused by the court upon

a motion and showing of good cause.

(2) When a person is not required to use the EFS under Rule

33(B) and an interface for filing with the EFS is available, the person may

elect to use the interface to submit documents electronically into the

EFS. Interface users are:

(a) Not required to submit subsequent filings for the

duration of the case through the interface;

(b) Not required to serve subsequent filings on the

opposing parties through the EFS; and

(c) Not deemed to have consented to service through the

EFS and shall be served pursuant to M.R. Civ. P. 5. Use of an

interface alone does not constitute consent to email service under

M.R. Civ. P. 5. The interface user must affirmatively consent to

service by email in order to be served by email.

(F) Contact Information. A party who is not required to use the EFS

must provide the court with contact information for service of documents and

must notify the court in writing of any change of contact information. If the

party has alleged in an affidavit or pleading under oath that the health, safety,

or welfare of the party or a minor child would be jeopardized by disclosure of

the address, then the clerk shall seal the contact information from the public

and all other parties.

(G) Misuse of the EFS. Misuse occurs when any filer attempts to

harm, disrupt, alter, or interfere with the EFS or any records maintained in the

system, or attempts to use or access information on the system without proper

authorization. Misuse of the EFS may subject the filer to criminal prosecution.

Misuse may also result in suspension or revocation of an account, loss of ability

to use the EFS, and any other penalty imposed by the court. Misuse of the EFS

by attorneys may constitute a violation of the Maine Rules of Professional

Conduct. Attorneys are responsible for any misuse of the EFS by third parties

whom the attorney has authorized or directed to use that attorney’s individual

or firm EFS account.