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

(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 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.

(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).

(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.

(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.

(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.

(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.