Rule 1 Scope and Principles

(A) Scope. These rules define the scope of access to court records electronically stored by the Maine Judicial Branch and govern electronic filing and service of documents. Filers of documents that are conventionally filed into a court that uses the Electronic Filing System (EFS) must comply with these rules. They shall be construed to secure simplicity and fairness in administration and the elimination of unjustifiable expense and delay.

(1) These rules apply to:

(a) Anyone filing or requesting access to electronic court records; and

(b) All court staff and other persons conducting business on behalf of the court, including justices, judges, and magistrates, responding to requests for electronic court records.

(2) These rules do not apply to county probate courts or paper records and paper filings in existence on or made before the date these rules are implemented in the courthouse where the record is located.

(B) Principles. Public access to court records is restricted in certain instances by law. When public access to court records is not controlled by law, these rules will control public access, and every judge, justice, and magistrate applying these rules shall consider the following principles in determining public access:

(1) Public access to records can inform and educate the public about the workings of government, support accountability, and advance public safety;

(2) Persons who use the courts have a legitimate expectation of privacy. Providing access to personal details in court records can put the parties at risk and create a disincentive to use the courts;

(3) The public can be informed of court activity without having access to all of the personal details in a court record; and

(4) When digital information or data are made accessible by the public remotely, neither the Maine Judicial Branch nor any other entity or person has the practical ability to control its dissemination or use.