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Rule 36 Service of Electronic Documents

Part Two: Rules of Electronic Filing and Service

(A) Applicability. By filing or serving documents through the EFS, a person consents to be served and to receive notice through the EFS in that case, unless the person is an interface user as defined by Rule 33(E)(2). The filer must add a service email address in the filer’s account. All documents filed in the EFS must be served through the EFS, except the following, which must be served by conventional service in accordance with the Maine Rules of Civil and Criminal Procedure:

(1) Summonses, applications for warrants, warrants, complaints, indictments, informations, and other case initiating documents;

(2) Subpoenas;

(3) Ex parte motions filed with the complaint;

(4) Any documents that cannot by law be served electronically;

(5) Any documents to be served on those who cannot be served using the EFS; and

(6) Any documents for which a court order requires conventional service.

(B) Service Recipients. The filer must provide the name and service email address of the filer to be used by the EFS in the case. By selecting service recipients for service in the EFS, the filer consents to have electronic documents filed in the case served on those service recipients. The filer must update contact information as needed. Filers must not add as service contacts those who have not authorized the filer to add them.

(C) Service Through the EFS. When a document must be served through the EFS, the filer must complete service on any required service recipients at the time of submission.

(D) Conventional Service. A person who does not use the EFS must be served conventionally.

(E) Service of Documents to Which Access has been Limited, and Documents Submitted for In Camera Review. Regardless of method of filing, documents should only be served consistent with the level of access allowed.

(F) Certificate of Service. A certificate of service must be filed with the court only when documents are served conventionally, in accordance with the applicable procedural rules.

(G) Documents by the Court. The court may send documents and notice electronically if the court has an email address for the intended recipient.

(H) Service of Discovery. Service of discovery documents through the EFS is permitted but not required. Discovery documents served through the EFS are not court records and are nonpublic.