M.R. Elec. Ct. Sys. 35

(A) Availability of Electronic Filing System. The EFS will receive

electronic documents except when the system is unavailable due to scheduled

or other maintenance.

(B) File Date. A “day” begins at 12:00:00 a.m. and ends at 11:59:59

p.m. in the time zone where the courthouse is located. For a document that is

electronically submitted between 12:00:00 a.m. and 11:59:59 p.m. in the time

zone where the courthouse is located on Monday through Friday, the “file

date” will be the day it is submitted. If a document is submitted on a Saturday,

Sunday, or legal holiday, the file date will be the next business day. For any

questions of timeliness, the time and date registered by the EFS will be

determinative. For a document electronically submitted, the file date will

apply for purposes of meeting the statute of limitations or any other filing

deadlines, even if the document is accepted by the clerk on a later date, except

as provided in subdivision (D) of this rule. A conventionally filed document is

deemed submitted when presented to the court clerk.

(C) Service Date of the Submitted Document. The service date of

submitted documents will be the date of submission, if served pursuant to

Rule 36 and the documents are accepted as filed.

(D) Reasons for Rejection. When submitting a document to a court,

the filer must comply with the following requirements to avoid rejection of the

filing by the clerk as incomplete:

(1) All documents must be signed and include all elements

required by rule, order, or statute, including the attorney bar number, if

applicable, and use of a court form if designated as required;

(2) All service contact information must be included as

required by these rules; and

(3) Charging instruments in a criminal or juvenile case shall

include the following elements, and these elements shall also be entered

by the filer in the EFS upon submission:

(a) All counts being charged;

(b) Arrest Tracking Number and Count Tracking Number,

if applicable;

(c) Sequence number;

(d) Personally identifying information for the defendant

or juvenile, including date of birth, last known address, height,

weight, eye color, hair color, race, and if applicable, driver’s

license/state ID number;

(e) Date and location of offense; and

(f) Arresting or investigating law enforcement agency

and officer.

(E) Acceptance or Rejection Procedure.

(1) Following submission, the court clerk will accept or reject

the electronic document.

(a) If the submission is accepted, it is deemed filed and is

entered into the electronic case file with the file date as

determined under subdivision (B) of this rule. When a submission

is accepted, the court will send an acceptance notice to the parties.

(b) If the submission is rejected, the court will send a

rejection notice to the filer and the submission shall not be

entered on the registry of actions. The rejection notice shall

identify the basis for the rejection.

(2) If a submission is rejected, the filer shall serve the notice of

rejection on the other parties.

(F) Resubmission and Relief.

(1) Requirements of Resubmission. A filer who resubmits a

document under this rule must include in the “Comments to Court” field,

or, if conventionally filed, in the cover letter accompanying the

resubmission, the following:

(a) The words, “Resubmission of filing, original

submission unsuccessful”;

(b) The date of the original attempted submission;

(c) The date of the rejection notice; and

(d) A statement confirming that this is the first

resubmission.

(2) File Date of Resubmitted Document.

(a) Resubmissions That Relate Back Automatically. If

the filer resubmits a corrected version of the rejected document,

and it is accepted by the court clerk, the file date of the

resubmitted document will automatically relate back to the file

date of the original submission if:

(i) It is the first resubmission;

(ii) It is substantively the same as the rejected

document; and

(iii) It is submitted within four business days after

the date of the rejection notice. If notice of the rejection is

provided by mail, the filer has three additional days, for a

total of seven days, to resubmit the filing.

(b) Resubmissions That Relate Back with Leave of

Court. If the filer resubmits the rejected document more than

once or submits the rejected document more than four business

days after the date of the rejection notice, the file date of the

resubmitted document will only relate back to the file date of the

original submission upon court approval.

(c) Response Time. If the file date relates back to the file

date of the original submission, the court will adjust the schedule

for responding to these documents by adding four business days

to the response time. The court may also postpone a court event

or provide other relief.

(3) Service Date of Resubmitted Document. The service date

of resubmitted documents will be the original date of service if the

resubmission is accepted.

(G) Unavailability of the Electronic Filing System and Relief.

(1) EFS Unavailable. Any filer may obtain relief if the EFS is not

operating through no fault of the filer. Technical problems with the filer’s

equipment or attempted transmission within the filer’s control will not

excuse an untimely filing.

(2) Relief. Upon satisfactory proof of the system’s temporary

unavailability or other technical problem, the file date of the document

will relate back to the file date of the first filing attempt. The court, in its

discretion, may adjust the schedule for responding to any affected filings,

postpone the next court event, or provide other relief. The process for

resubmission of the filing shall be in accordance with subdivision (E), and

may include, with the resubmission, supporting exhibits showing system

unavailability.