and the documents are accepted as filed

Maine Rules of Electronic Court Systems

Rule: 36

Jurisdiction: ME

Bluebook Citation: Me. R. Elec. Ct. Sys. 36

(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. 49 (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 50 resubmitted document will automatically relate back to the file date of the original submission if: (i) It is the first resubmission; (ii) document; and It is substantively the same as the rejected (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 51 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. Advisory Note – January 2026 In addition to other minor changes, Rule 35(D) is added to list in one place the reasons why a filing will be rejected. It includes certain requirements for charging instruments in criminal and juvenile cases that must be entered by the filer upon submission. Advisory Note – December 2020 Rule 35(B) of the Rules of Electronic Court Systems is amended to clarify the definition of a day. In addition, the Advisory Note from the initial adoption of the Rules is amended to clarify the scope of a clerk’s review of filings. Advisory Note [August 2020] The court clerk does not review for legal sufficiency of the filing, which is clearly a judicial function. The court clerk’s review is similar to that described in M.R. Civ. P. 5(f). The court clerk’s review includes, for example, signatures, bar number, and duplicate filings.

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