GAINING ACCESS TO CASES OR COURT RECORDS THAT ARE

NONPUBLIC OR TO WHICH THERE IS LIMITED ACCESS (A) Scope. This rule applies to motions for access to (1) Cases or court records to which access has been limited by the court under Rule 10; and (2) Cases or court records made nonpublic by law where that law authorizes the court to allow access in specific circumstances. (B) How Access is Requested. A person seeking access to cases or court records that are nonpublic or to which access has been limited under Rule 10 may file a motion for access in accordance with applicable court rules of procedure. (C) Procedure for Service when Addresses are Nonpublic. (1) In a criminal case, when a motion for access is filed, the movant must serve the attorney for the State and the defendant. The attorney for the State must make a good faith effort to forward the motion and any related scheduling notice to the alleged victim of a crime or a named witness. (2) Except as set forth in subdivision (C)(1), when serving a motion for access on a party or affected nonparty whose name or address is in a court record to which the movant does not have access, the movant must state prominently in the caption of the motion for access, “Court Service Requested: Nonpublic Name or Address.” The court clerk will provide a copy of the motion to the party or affected nonparty by any method permitted in the rules of procedure, in a way that does not reveal the confidential information. 34 (3) The court may waive this service requirement on motion or at any time on its own initiative if it finds that good faith efforts to locate the person to be served are not likely to be successful or could endanger that person’s health, safety, or well-being. (D) Opportunity to be Heard. The movant, the parties, and the affected persons will have an opportunity to be heard. The court will consider written submissions and, in its discretion, may hold a hearing. (E) Standard to Obtain Access. (1) Cases or Court Records to which Access has been Limited under Rule 10. A motion for access to cases or court records to which access has been limited under Rule 10 may be granted only if the court finds that the previous court order limiting access to the case or court record must be amended because new information about the need for public access to the case or court record convinces the court that the need for public access now substantially outweighs a party’s reasonable expectation of privacy. (2) Cases or Court Records that are Nonpublic by Law. A motion for access to nonpublic cases or court records will be considered only if the motion includes explicit legal authority for public or limited nonparty access to those cases or court records. If there is no explicit standard for review, then access will be granted only upon a showing of extraordinary circumstances that require the cases or court records to be made accessible. (F) Extent of Access if Motion Granted. If the court allows access, it may impose reasonable conditions to protect the privacy interests at issue. Cases or court records made accessible to a specific movant are not accessible by the public until the court orders otherwise. (G) Access to Pending Motions and Responses. Motions and responses are not accessible by the public until the court orders otherwise. The motion and any related documents will not be accessible by the public, pending the court’s ruling on the motion for access. 35 (H) Appeal. An appeal from a court order regarding access to a case or a court record under these rules may be filed in accordance with the Maine Rules of Appellate Procedure. (I) Effective Date. The effective date of any order in a proceeding under this rule granting access will be suspended for a period of three days following entry of the order and the case or the court record at issue will remain nonpublic during this three-day period. If an appeal is filed in compliance with the applicable rules of appellate procedure before the end of the three-day period, the cases or court records at issue will not be accessible by the public or the movant during the pendency of the appeal. Advisory Note – January 2026