(a) Effect of Signature. The following screen shall appear on the Maine Probate.Net website prior to any electronic submission to the court that requires a signature: "By typing your name below preceded by 'S/' you are representing that:
1)" You are the Registered Filer or are permitted by the Registered Filer or the Court to access the Registered Filer's account;2)" Each document you are submitting to the Court today has been signed by electronic means or in hand by the person whose name appears in the signature block of the document, you have possession of the document, and agree to retain a paper or electronic copy of the document available for inspection by the signer or the Court until the longer of two years or final disposition of the matter, including the disposition of all appeals or the running of the time for appeal." (b) Form of Signature. (1) An electronically filed pleading, motion or other procedural document must include either a signature block containing the Filer's typed-in name preceded by "S/" or a scanned image of the actual signer's signature. (2) A procedural document filed by nonelectronic means, when permitted under Rule 92.3(b) or otherwise required by these rules, must be signed as provided in the applicable rules of procedure. (3) A pleading, motion or other procedural document filed by a Registered Filer and other parties or counsel aligned in interest with the filer must contain the signature of the filer and the other parties or counsel in the form provided in (b)(1) or (2). If a document is filed electronically, the Filer's signature constitutes a representation that all the other signers consented to the filing of the document. (c) Documents under Oath. If a notarized, acknowledged, or verified document or a document signed under oath is to be filed electronically under these rules, the original, signed and attested as provided in the applicable rules of procedure or other provisions of law, must be scanned and filed in accordance with Rule 92.7 by the filer. (d) Retention of Documents. The filer of any document containing the signatures of other persons must retain a paper or electronic copy of the document available for inspection by the signers or the court until the longer of two years or final disposition of the matter, including the disposition of all appeals or the running of the time for appeal.(e) Signatures of Court Personnel. Judges, and other court personnel authorized to sign on behalf of a judge or in their own capacity, may electronically sign any court-generated document that requires a signature with an electronic facsimile signature or scanned copy, or another form of electronic signature as defined in the Maine Digital Signature Act, 10 M.R.S. §§9501 - 9507 [2010].Adopted April 13, 2012, effective 5/1/2012;October 7, 2014, effective 11/1/2014.Advisory Committee Note - November 2011
Rule 92.8 deals with the process of signing documents submitted to the court during electronic filing. Subdivision (a) states that electronically filed documents are deemed to be "signed" by the Registered Filer. This subdivision also sets forth the procedure for a Registered Filer to electronically sign an electronically filed document. Subdivision (a) clarifies the requirements that documents submitted by nonelectronic means must comply with the signature requirements under the applicable rules of procedure.
Subdivision (b) addresses the situation in which multiple parties are required to sign a document by setting forth the rule that the document must contain the signatures of all of the parties jointly filing the document. The person electronically filing the document is certifying the consent of all of the parties to the document with the filer's electronic signature. This subdivision also requires the filer to retain a copy of the document for at least two years or through the final disposition of the matter, including any appeals period.
Subdivision (c) requires filers to scan and electronically file the original, signed and attested document if any document is required to be notarized or signed under oath. This subdivision also requires the filer to retain a copy of the document for at least two years or through the final disposition of the matter, including any appeals period.
Subdivision (d) authorizes Judges and other court personnel to electronically sign any court-generated document that requires a signature.