Me. R. App. P. 1E

As amended through September 25, 2024

Rule 1E - [Effective 11/1/2024] SERVICE OF DOCUMENTS

(a)Requirement.

(1) Service of Filed Documents. A copy of each document filed with the Clerk of the Law Court must be served on each other party to the appeal as provided in this Rule.

(2) Service of Documents Issued by the Law Court or the Clerk of the Law Court. The Clerk of the Law Court must serve each party to the appeal with all orders, notices, decisions, and other documents issued by the Law Court or the Clerk.

(3) Persons to be Served. Where these rules require service upon a "party," service must be made on the following person or persons:

(A) if the party is unrepresented, service must be made on the party personally;

(B) if the party is represented by counsel and service is being made electronically, service must be made on each attorney of record for the party;

(C) if the party is represented by counsel and a paper document is being served, service must be made on at least one attorney of record for the party.

(b) Method of Service.

(1) When Service of Paper Copies is Required. Service of a document upon another party must be made by serving a paper copy as provided in subdivision (c) of this rule when

(A) these Rules specifically require that a paper copy of a document be served on other parties; or

(B) the party to be served is an unrepresented party who has not opted in to electronic service.

(2) When Party May Elect Electronic Service or Service of Paper Copies. Except where service of a paper copy is required by paragraph (1) of this subdivision (b), an unrepresented party who has not opted in to electronic service and who files a document on paper may serve the document upon the other parties either by serving a paper copy as provided in subdivision (c) of this rule or by serving the party electronically as provided in subdivision (d) of this rule.

(3) When Electronic Service is Required. Except as required by paragraph (1) of this subdivision (b) or permitted by paragraph (2) of this subdivision (b), service of a document upon a party must be made electronically as provided in subdivision (d) of this Rule.

(c) Service of Paper Copies. When this Rule requires or permits service of paper copies, service of the paper copies must be made by

(1) delivering the copy to the attorney or party by (A) handing it to the attorney or party; (B) leaving it at the office of the attorney or party with an employee in the office, or, if there is no employee present, leaving it in a conspicuous place in the office; or (C) leaving it at the party's dwelling house or usual place of abode with some person of suitable age and discretion then residing at the house or abode; or

(2) mailing the copy to the last known regular mailing address of the attorney or party, postage prepaid, or, if no mailing address is known, by leaving it with the Clerk of the Law Court.

(d) Electronic Service. When this Rule requires or permits service of a document electronically,

(1) electronic service of a document on an attorney must be made by transmitting the pdf document as an attachment to an email sent to the email address provided by the attorney as part of the attorney's annual registration pursuant to M. Bar R. 4(a);

(2) electronic service of a document on an unrepresented party who has opted in to electronic service must be made by transmitting the pdf document as an attachment to an email sent to the email address provided by the party on the party's statement opting in to electronic service; and

(3) if a person who has served a document electronically receives an email notification that an addressee did not receive the email containing the document, the person serving the document must serve the addressee with a paper copy of the document.

Me. R. App. P. 1E

Adopted September 25, 2024, effective 11/1/2024.

Advisory Committee Note - November 2024

Rule 1D adopts filing of documents by email and makes several additional major changes to the rules regarding filing of documents. Rule 1E adopts service of documents by email and makes several additional major changes to the rules regarding service of documents.

The electronic filing and service processes established by Rules 1D and 1E are temporary and will be replaced by the electronic filing system currently being implemented by the Judicial Branch once that system is implemented in the Law Court. Although the rule provides for electronic filing through email, the Maine Rules of Electronic Court Systems do not apply in the Law Court. See M.R.E.C.S. 2(A)(21), (22) (defining "electronic filing" for purposes of those rules as "transmission of a document . . . through the electronic filing system," and defining "electronic filing system" as "the system approved by the Maine Judicial Branch for the filing and service of electronic documents").

The new procedures for filing and service by email are intended to make filings and service quicker and easier for counsel and unrepresented parties and more efficient for the Court. The new system will also help to avoid the delays caused in recent years by the handling of mail by the United States Postal Service.

Attorneys and unrepresented parties must ensure that an email address used to receive emails from the Court and other parties is configured so that either (1) legitimate messages are not filtered and sent to a spam or junk folder or (2) any spam or junk folder is monitored so that the attorney or party does not miss any email from the Court or other parties.

The most significant change to the system for filing and serving documents is that attorneys must file, serve, and receive virtually all documents electronically. The only exception to this rule is for documents that are required to be filed on paper, such as the multiple copies of briefs (Rule 7A), appendices (Rule 8), and petitions and responses in workers' compensation appeals (Rule 23). Unrepresented parties may file documents either electronically or on paper.

The rule also adopts the following significant provisions regarding filing and service of documents:

. A paper filing by an incarcerated party is deemed to have been made on the date that the filing is deposited in the party's institution's mail system.

. Electronic filings must be made by emailing a pdf file to the email address provided by the Clerk of the Law Court in the Clerk's notices.

. An electronic filing is deemed to have been made on the date that the Clerk's email system receives the email, regardless of the time of day that the email is received, as long as the Clerk's office was open for any part of that day. If the Clerk's office was not open for any part of that date, the electronic filing is deemed to have been filed on the next day that the Clerk's office is open for at least part of the day.

. With some exceptions, service of a document on the parties must be made by email on attorneys and on unrepresented parties who opt in to electronic service and by sending paper copies to unrepresented parties who do not opt in to electronic service.

. An unrepresented party who has not opted in to electronic service may serve other parties paper copies of a document if the party filed the document on paper. If the unrepresented party files a document electronically, then the party must serve other parties (except for other unrepresented parties who have not opted in to electronic service) electronically.

. Instead of a formal certificate of service on other parties, a document must merely contain an indication, such as a "cc" list, that the document was served on other parties.

. Service of paper documents must be made in a manner similar to the method of service of paper documents required by M.R. Civ. P. 5(b).

The provisions of former Rule 10(d), regarding the form of motions and other papers, are moved to Rule 1D(d).