Rule 76H.Electronic Sound Recording
Last amended July 1, 2001 · Last verified July 8, 2026
Full Text of Rule 76H
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note — April 2015
Pursuant to Recording of Trial Court Proceedings, Me. Admin. Order JB-12-1 (as amended by A. 11-14) (effective Nov. 24, 2014), all proceedings of certain case types in the State trial courts must be “recorded and monitored by a court clerk or other court personnel whose primary function in the courtroom is to monitor the recording pursuant to standards issued by the Office of Transcript Operations.” Id. § II. The Administrative Order also provides that, even if a given proceeding is not among those that are routinely recorded, it “shall be recorded at the request of any party or at the request of the presiding justice or judge.” Id. § IV.
This rule applies to the Probate Court through Rule 76H of the Maine Rules of Probate Procedure and to criminal proceedings pursuant to Rule 27 of the Maine Rules of Unified Criminal Procedure. The amendment to this rule is intended to clarify the process for civil and criminal proceedings, ensure that probate proceedings involving fundamental rights or liberty are also recorded, and to clarify that trial courts do have the discretion to limit independent recording and transcription in certain cases. See, e.g., 22 M.R.S. § 4007.
Advisory Note
This amendment to Rule 76H(e) removes the reference to a specific fee. The fees for allowing and supervising listening to recordings will be set and revised in the Court Fees Schedule.
Advisory Committee’s Notes — July 1, 2001
The amendments to Rule 76H(d)(2) substitute references to the appropriate sections of the Maine Rules of Appellate Procedure for references to the provisions of Rule 74 and Rule 74A of the Maine Rules of Civil Procedure which are being replaced by the Maine Rules of Appellate Procedure.
Advisory Committee’s Note — January 1, 2001
Rule 76H was amended by deleting subdivision (f). The subject matter of Rule 76H is to prescribe a procedure for the creation, transcription and retention of electronic sound recordings in the courts. Subdivision (f) required that any administrative orders, procedures and similar requirements established by the court shall be published and made available to members of the bar. This provision too narrowly focused on electronic sound recording procedures and, if broadened, would have been out of place in Rule 76H. Consequently, a new Rule 87 has been adopted to make clear that all administrative orders, standards, procedures, schedules and forms promulgated or established by any of the courts shall be published and made available to the clerks and the members of the bar.
Advisory Committee’s Notes — May 1, 2000
Subdivision (d)(2)(B) is amended to recognize the requirements of the transcript production Administrative Order of September 19, 1997. Mostly this is accomplished by reference to Rule 74(b)(4), as recommended to be revised.
Advisory Committee’s Notes
Rule 76H is amended pursuant to 4 M.R.S.A. § 651-A, enacted by P.L. 1991, ch. 591, § E-3, to reflect the fact that electronic recording is now being used in the Superior Court in a number of counties and will be made available in that court throughout the state as funds permit installation of the necessary equipment. The Chief Justice of the Superior Court and the Chief Judge of the District Court will issue appropriate administrative orders to implement the rule in the two courts. Note that Rule 76H(d)(2)(3) continues to apply only to transcripts on appeal from the District Court to the Superior Court. Transcripts on Law Court appeals are governed by Rules 74(b) and 74A(b). [Now M.R.App.P. 5(b)(2) and 6(c).]
ADMINISTRATIVE ORDER [Standards and Procedures for Recording] Effective October 15, 1997
This order is adopted to address the method to be used in making a record of court proceedings. The order recognizes the resource limitations facing the courts in preparing records and the need for flexibility in using those resources. At the same time, it is necessary to establish criteria to ensure that transcripts can be provided when required.
1. Records of court proceedings will be created using one of the following methods:
a. Official Court Reporter.
b. Electronic recording.
2. These, methods will be used as follows: a. In the Superior Court, an Official Court Reporter will be used for jury trials and, when ordered, for testimony before the grand jury.
b. In the Superior Court, an Official Court Reporter or electronic recording will be used for nonjury trials and other testimonial proceedings.
c. In the Superior Court, an Official Court Reporter or electronic recording will be used for criminal nontestimonial proceedings.
d. In the District Court and the Administrative Court, an electronic recording will be used for trials, other testimonial proceedings, and criminal nontestimonial proceedings,
e. No record will be made in any court of civil nontestimonial matters.
3. In exceptional circumstances, the application of the criteria stated above may be modified as follows:
a. No record at all will be made when the parties and the judge agree.
b. Subject to a recognition of resource limitations, the presiding judge or justice may deviate from these criteria for good and sufficient reason stated on the record.
c. Whenever both methods are approved pursuant to paragraph 2 above, the choice will be made by the Regional Court Administrator who will attempt to avoid adverse impact by considering staff availability and transcript production backlog status of both the Official Court Reporters and the Electronic Recording Division.
4. In District Court, twenty-four hours advance notice is required for recording of civil proceedings. Whenever electronic recording is used, a recording log, as specified by the Electronic Recording Supervisor, will be completed. For arraignments and misdemeanor pleas in the District Court, an abbreviated recording log, as specified by the Electronic Recording Supervisor, will be completed. Any electronic recording made without compliance with this paragraph will not be transcribed or copied. 5. In order to preserve resources, requests for transcripts will be controlled as follows:
a. Members of the bar are encouraged to use alternatives to transcription, such as agreed statements of fact or statements of the evidence.
b. Transcription of daily copy is prohibited except when approved by the trial judge in consultation with a Regional Court Administrator.
c. Judges may not order transcripts, other than brief excerpts, without the approval of the Chief Justice of the Superior Court or Chief Judge of the District Court.
Dated: September 19, 1997
For the Court Chief Justice
ADMINISTRATIVE ORDER Regarding [Duplicate Tapes of] Electronic Recording in the Superior and District Courts Effective March 15, 1995
Pursuant to Rule 76H, M.R. Civ. P., the preparation and availability of duplicate tapes of official court proceedings shall be governed as follows:
1. The Electronic Recording Division shall provide a duplicate tape recording of any official court proceeding which has been electronically recorded pursuant to Rule 76H, M.R. Civ. P., to counsel of record or a party upon request.
2. Duplicate tapes shall not constitute a part of an official record nor shall it be admissible into evidence.
3. No record or transcription made from a duplicate tape, nor any part thereof, shall be incorporated in or substituted for any portion of a transcript included in an official record without the consent of all parties to the proceeding and with the approval of the presiding justice or judge. 4. No record or transcription made from a duplicate tape, nor any part thereof, shall be incorporated in or substituted for any portion of a transcript which is to be admitted into evidence or used for the impeachment or rehabilitation of a witness in any official proceeding without the consent of all parties to the proceeding and with the approval of the presiding justice or judge.
5. Tapes of proceedings which are confidential by statute or rule may not be duplicated except by Order of the court.
6. The Electronic Recording Division shall charge a fee of $20.00 for the first tape (Fn. 1) and $7.50 for each additional tape of the same proceeding.
7. The Electronic Recording Division shall request a deposit in advance which shall be sufficient to cover the estimated costs of providing a duplicate tape.
8. This Order shall apply to both civil and criminal proceedings in the Superior and District Courts.
Fn. 1. This charge applies to the first tape, regardless of length. Each tape will record approximately 45 minutes of testimony. Last reviewed and edited May 31, 2017
Plain-English Summary
The Administrative Office of the Courts and each Probate Court must maintain a way to electronically record the sound of any courtroom proceeding. The court itself may record any proceeding, and must record one that a statute, rule, or administrative order requires, or that a party requests at least 24 hours in advance — always subject to the court's own direction and any applicable rules.
When the court doesn't record a proceeding, a party or counsel can independently record or transcribe it after notifying the court and the other parties, unless the court prohibits independent recording — something it can do in child protection cases, protection-from-abuse cases, proceedings closed to the public, or where recording would risk public safety, intimidate a witness, or subject someone to harassment. When the court does record, independent recording generally isn't allowed unless the court expressly permits it. A party's independent recording is made at that party's own expense and without disrupting the proceeding, and a transcript of it becomes part of the official record once every party has had a chance to review it and no one successfully challenges its accuracy.
Any party can request a transcript of a court-recorded proceeding, and any person or organization can request one for a proceeding open to the public, generally at the requester's expense under the court's fee schedule. On appeal to the Law Court, the transcript follows the Maine Rules of Appellate Procedure; on appeal to the Superior Court, the appellant files a transcript order form with the notice of appeal, and the appellee can order any additional portion within 10 days if the appellant's order was incomplete. The Administrative Office and each Probate Court must set standards ensuring recordings are clear, transcripts are accurate and timely, and both the equipment's use and the recordings themselves are properly retained. The rule reaches only the court's own recording and its case-related use — not recording or transmission by other entities, which is governed separately by the courts' cameras-and-audio-recording administrative order.
Frequently Asked Questions
When must a District Court proceeding be electronically recorded?
When a statute, court rule, or administrative order requires it, or when any party requests recording at least 24 hours before the proceeding starts; the court may also record any other proceeding on its own.
Can a party record a hearing on their own if the court isn't recording it?
Yes, generally, after giving notice to the court and all parties, unless the court has prohibited independent recording — for example in a child protection case, a protection-from-abuse case, or a proceeding closed to the public.
How does a party get a transcript for an appeal to the Superior Court?
By filing a fully completed transcript order form with the notice of appeal; if the appellant doesn't order the whole transcript, the appellee can order the remaining portions within 10 days after being served with the notice of appeal.