Rule 5. SERVICE, FILING, AND FORM OF PLEADINGS

AND OTHER DOCUMENTS

(a) Service: When Required. Except as otherwise provided in these rules,

every order required by its terms to be served, every pleading subsequent to

the original complaint unless the court otherwise orders because of numerous

defendants, every document relating to discovery required to be served upon a

party unless the court otherwise orders, every written motion other than one

which may be heard ex parte, and every written notice, appearance, notice of

change of attorneys, pretrial memorandum, demand, offer of judgment,

designation of record and statement of points on appeal, and similar document

shall be served upon each of the parties no later than the date on which the

document is filed with the court, but no service need be made on parties in

default for failure to appear except that (1) pleadings asserting new or

additional claims for relief against them shall be served upon them in the

manner provided for service of summons in Rule 4, and (2) when applicable, a

copy of a request for default or default judgment must be mailed as set forth in

Rule 55(f).

(b) Same: How Made. Whenever under these rules service is required or

permitted to be made upon a party represented by an attorney, the service shall

be made upon the attorney unless service upon the party personally is ordered

by the court. When an attorney has filed a limited appearance under Rule 11(b),

service upon the attorney is not required. Service upon an attorney who has

ceased to represent a party is a sufficient compliance with this subdivision until

written notice of change of attorneys has been served upon the other parties.

Except as otherwise provided in these rules, service of the documents

described in subdivision (a) upon a party who is represented by an attorney or

an unpresented party who has opted in to Electronic Service shall be made

(1) by delivering a copy to the attorney or to the party; or

nce with this subdivision until

written notice of change of attorneys has been served upon the other parties.

Except as otherwise provided in these rules, service of the documents

described in subdivision (a) upon a party who is represented by an attorney or

an unpresented party who has opted in to Electronic Service shall be made

(1) by delivering a copy to the attorney or to the party; or

(2) by Electronic Service to the last known electronic mail address

provided to the court or, if no electronic mail address is known, mailing it to the

last known regular mail address, or, if neither is known, by leaving it with the

clerk of the court.

If Electronic Service to the last known electronic mail address is returned

as undeliverable, or the sender otherwise learns that it was not successfully

delivered, service must then be made by regular mail. Service shall be complete

upon the attempted Electronic Service for purposes of the sender meeting any

time period.

Service of the documents described in subdivision (a) upon an

unrepresented party who has not opted in to Electronic Service or service of

documents excluded from Electronic Service below shall be made by mailing

them to the last known regular mail address of the party, or, if no mail address

is known, by leaving them with the clerk of the court.

“Electronic Service” means the electronic transmission of a pleading,

document, or information to a party or a party’s attorney through electronic

mail (email) under this rule. Unless otherwise approved by the court, pleadings

and other documents being transmitted electronically shall be sent or

submitted as an attachment in portable document format (PDF), except that

documents produced pursuant to rules 33 and 34, any record in support of

summary judgment in excess of 50 pages, and the record of proceedings filed

pursuant to Rules 80B or 80C are not required to be produced or transmitted

in electronic format, and, in addition to being electronically served, original

hall be sent or

submitted as an attachment in portable document format (PDF), except that

documents produced pursuant to rules 33 and 34, any record in support of

summary judgment in excess of 50 pages, and the record of proceedings filed

pursuant to Rules 80B or 80C are not required to be produced or transmitted

in electronic format, and, in addition to being electronically served, original

signed answers to interrogatories are required to be produced to the

requesting party. Electronic Service shall be complete when transmitted, shall

be presumed to have been received by the intended recipient, and shall have

the same legal effect as the service of an original paper document.

“Delivery of a copy” within this rule means: handing it to the attorney

or to the party; or leaving it at the office of the attorney or of the party with the

person in charge thereof; or, if there is no one in charge, leaving it in a

conspicuous place therein, or, if the office is closed or the person to be served

has no office, leaving it at the person’s dwelling house or usual place of abode

with some person of suitable age and discretion then residing therein. Service

by regular mail is complete upon mailing.

(c) Same: Numerous Defendants. In any action in which there are

unusually large numbers of defendants, the court, upon motion or of its own

initiative, may order that service of the pleadings of the defendant and replies

thereto need not be made as between the defendants and that any cross-claim,

counterclaim, or matter constituting an avoidance or affirmative defense

contained therein shall be deemed to be denied or avoided by all other parties

and that the filing of any such pleading and service thereof upon the plaintiff

constitutes due notice of it to the parties. A copy of every such order shall be

served upon the parties in such manner and form as the court directs.

ross-claim,

counterclaim, or matter constituting an avoidance or affirmative defense

contained therein shall be deemed to be denied or avoided by all other parties

and that the filing of any such pleading and service thereof upon the plaintiff

constitutes due notice of it to the parties. A copy of every such order shall be

served upon the parties in such manner and form as the court directs.

(d) Filing: No Proof of Service Required. Subject to the provisions of

Rule 26(f) regarding discovery, all documents after the complaint required to

be served upon a party shall be filed with the court either upon service or

within a reasonable time thereafter. Such filing by a party shall constitute a

representation by the party, subject to the obligations of Rule 11, that a copy of

the document has been or will be served upon each of the other parties as

required by subdivision (a) of this rule. No further proof of service is required

unless an adverse party raises a question of notice or such proof of service is

required by Rule 36(G) of the Maine Rules of Electronic Court Systems.

(e) Filing with the Court Defined. The filing of pleadings and other

documents with the court as required by these rules shall be made by filing

them with the court except that a justice or judge may permit paper filings to

be filed with that justice or judge, in which event the justice or judge shall note

thereon the filing date and forthwith transmit them to the office of the clerk.

After hours or other office filings are subject to Rule 5(g).

ngs and other

documents with the court as required by these rules shall be made by filing

them with the court except that a justice or judge may permit paper filings to

be filed with that justice or judge, in which event the justice or judge shall note

thereon the filing date and forthwith transmit them to the office of the clerk.

After hours or other office filings are subject to Rule 5(g).

(f) Filings Not in Compliance with Rules, Orders or Statute. Filings that

are received but not signed or not accompanied at the time of filing by a legally

required element, shall be rejected by the clerk as incomplete.

(1) Upon rejection, the clerk will send a rejection notice to the filer

that identifies the basis for the rejection. If the filing is on paper the clerk shall

return it to the filer.

(2) The clerk will not docket the attempted filing but will retain a

copy of the attempted filing and the related rejection notice, for six months.

(3) The documents may be refiled when all elements are complete

and will be docketed when the complete filing is received.

(g) After Hours and Other Office Filings in Paper.

(1) Clerks of courts may not, unless authorized by a judge or justice,

accept filings for other courts, or accept paper pleadings or other documents

filed with or left for the clerk after normal business hours. Unless the party or

counsel has filed the paper pleading or document directly with a judge or

justice, or the clerk has received explicit instructions from a judge or justice to

accept an after-hours filing as filed on the date it is made, the clerk shall date

stamp the filing, and docket it as filed, on the next regular business day.

ed with or left for the clerk after normal business hours. Unless the party or

counsel has filed the paper pleading or document directly with a judge or

justice, or the clerk has received explicit instructions from a judge or justice to

accept an after-hours filing as filed on the date it is made, the clerk shall date

stamp the filing, and docket it as filed, on the next regular business day.

(2) Judges or justices may, for good cause shown, accept paper

filings made after regular business hours, accept paper filings for other courts,

or may make arrangements with a clerk for the clerk to accept a paper filing

after regular business hours. In such a matter, the judge, justice or clerk shall

note the judge’s authorization on the pleading or document, along with the date

and time of actual receipt. The receiving official shall promptly transmit the

filing to the proper court, where the filing shall be docketed as filed on the date

originally received by the judge, justice, or clerk. Judges or justices may discuss

the need for such paper filings with the offering party or counsel, and such

discussions are deemed not to be ex parte communications, or to require notice

to opposing parties or counsel.

(h) Pleading Summary Sheets.

(1) Any pleading that sets forth a claim for relief, except those

specified in subdivision (3) below, shall be filed with a properly completed and

executed Summary Sheet which is available in blank form at the clerk’s office

and on the Judicial Branch website. Docket numbers of original Disclosure

proceedings must be indicated on Summary Sheets initiating a second or

subsequent request for disclosure. Family and probate matters must be filed

using a Family and Probate Matters Summary Sheet, except as provided in

subdivision (3) of this rule.

(2) Summary Sheets are required to be filed with Post-Judgment

Motions in proceedings under Rule 120.

te. Docket numbers of original Disclosure

proceedings must be indicated on Summary Sheets initiating a second or

subsequent request for disclosure. Family and probate matters must be filed

using a Family and Probate Matters Summary Sheet, except as provided in

subdivision (3) of this rule.

(2) Summary Sheets are required to be filed with Post-Judgment

Motions in proceedings under Rule 120.

(3) Summary Sheets are not required in small claims or in mental

health, forcible entry and detainer, or personal property recovery actions.

Summary Sheets are also not required in the following actions when initiated

by the Department of Health and Human Services: Uniform Interstate Family

Support Act actions, child protection cases, administrative paternity

proceedings, or special actions.

(i) Form of Documents.

(1) Size and Formatting. The text of all pleadings, motions, and

original documents, except cover letters and transcripts, shall be typed

double-spaced in at least 12-point type, except that footnotes and quotations

shall appear single-spaced in 11 point type. The page size must be 8 1/2 x 11

inches, and paper filings may have text on only one side of each page. All pages

shall be numbered. In addition to meeting the formatting requirements of this

rule, documents must satisfy the requirements of Rule 34 of the Maine Rules of

Electronic Court Systems if those Rules apply.

(2) Condensed Transcripts. Unless otherwise ordered by the court,

a party serving or filing a condensed transcript shall serve or file a copy of the

transcript with four 8 1/2 x 11-inch pages of normal type size reduced so that

such pages may be reproduced on a single 8 ½ x 11-inch page.

(3) Endorsement for Costs. In any case where an endorsement for

costs is required, the name of an attorney of this State appearing on the

complaint filed with the court, shall constitute such an endorsement in absence

of any words used in connection therewith showing a different purpose.

pages of normal type size reduced so that

such pages may be reproduced on a single 8 ½ x 11-inch page.

(3) Endorsement for Costs. In any case where an endorsement for

costs is required, the name of an attorney of this State appearing on the

complaint filed with the court, shall constitute such an endorsement in absence

of any words used in connection therewith showing a different purpose.

(j) Fax Filings.

(1) Fax Filings. Facsimile documents are not acceptable substitutes

for signed original documents required by M.R. Civ. P. 11 and will not be

accepted as filings. Except as otherwise provided in this Rule, documents

transmitted by facsimile may not be retained in a case file or docketed by a

clerk. If an attempt is made to file pleadings or other documents by facsimile,

the clerk shall dispose of the documents, and shall attempt to transmit a form

notice of disposal back to the sender.

(2) In a proceeding under the Uniform Interstate Family Support

Act, documentary evidence or orders from another court or tribunal may be

received from another state by facsimile, and may be filed and docketed by a

clerk.

(3) Judges may accept correspondence or other communications

which are transmitted by fax for informational purposes but any such

documents accepted by a judge under this subdivision will not ordinarily be

retained in any case file.

(k) Methods of Filing.

(1) “Paper filing” means filing a paper document in a clerk’s office.

When paper filing is required, no filing by electronic means is permitted

without express authorization in an administrative order or other court order.

(2) The term “electronic filing” means electronic transmission of a

document in electronic form to the court through the electronic filing system.

When using the court’s electronic filing system, the filing party must comply

with the requirements of the Maine Rules of Electronic Court Systems unless

the court provides otherwise through an administrative order.