USE OF THE ELECTRONIC FILING SYSTEM

(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 41 (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 42 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. 43 (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. Advisory Note – January 2026 Rule 33(B)(1) is amended to clarify that only attorneys licensed in Maine are required to use the EFS. Attorneys licensed in states other than Maine making filings such as foreign subpoenas may file conventionally and not by EFS. Rule 33(B)(3)-(5) are added to make the following as required electronic filers: guardians ad litem, filers seeking involuntary commitment in accordance with 34-B M.R.S. § 3863(5-A)(C), and unrepresented litigants, upon transfer to the Business and Consumer Docket, unless they obtain a good cause exception. Rule 33(B)(6) is amended to add extreme risk protection orders and sterilization proceedings to the list of emergency case types under that subdivision. Rule 33(B)(6) is also amended to remove the intent requirement for filing more than six cases in a calendar year. The litigant must use the EFS upon filing that litigant’s seventh case. Rule 33(C) is amended to add an exemption to required use of the EFS for State Forensic Services; filers of responsive pleadings in cases that were commenced by service pursuant to M.R. Civ. P. 3(a) and in which the complaint has not yet been filed; and filers, including attorneys, seeking to file into a case a the Violations Bureau. Renumbered Rule 33(E) is amended to exempt a filer who uses an interface compatible with the EFS from required use of the EFS for subsequent filings. An interface is a court-approved interview-based software that helps persons or entities complete court forms and that connects directly with the court EFS. An example of an interface is “Odyssey Guide & File.” 44 Law students eligible to practice in Maine are required to use the EFS. See Legal Assistance by Law Students, Me. Admin. Order JB-05-07. Misuse of the EFS under Rule 33(G) could include adding a service contact who is not a party to the case. Advisory Note – December 2020 Rule 33(A)(2)(c) is amended to exempt from mandatory electronic filing representatives of the Department of Health and Human Services filing Requests for Preliminary Protection Orders. Rule 33(C) is added to provide that a unrepresented litigant does not have to file emergency cases electronically. The subsequent subdivisions are redesignated as subdivisions (D) through (G). The heading of what is now subdivision (D) is amended to clarify that the good cause exceptions are exceptions to required use of the EFS. Advisory Note [August 2020] The following are examples of what may a qualify for a “good cause” exception for Required Electronic Filers under Rule 33(C): disability; limited English proficiency; electrical or internet outages; disaster; lack of internet access or safe internet access; or oversize exhibits such as maps and blueprints. The scope of the good cause waiver is in the discretion of the court and may be by case, by filing, or by time period.