An Act to Expand Use of Electronic Proceedings in the Judicial
Maine Legislature, Session 132, LD 0921
Sponsors: FREDETTE, STEWART

Legislative Document
No. 921
H.P. 586
House of Representatives, March 11, 2025
An Act to Expand Use of Electronic Proceedings in the Judicial 
Branch
Received by the Clerk of the House on March 5, 2025.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FREDETTE of Newport.
Cosponsored by Senator STEWART of Aroostook and
Representatives: BLIER of Buxton, WADSWORTH of Hiram, Senators: FARRIN of 
Somerset, MARTIN of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA c. 41 is enacted to read:
CHAPTER 41
CONDUCTING JUCICIAL PROCEEDINGS BY ELECTRONIC MEANS
§2001. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Electronic means.  "Electronic means" means the use of telephone, Internet or other 
remote audio and video communication technologies to conduct hearings or other judicial 
proceedings at which attorneys, parties and witnesses participate without being present in 
the same physical location as the court.
2. Hearings and other judicial proceedings.  "Hearings and other judicial 
proceedings" includes all hearings and other court proceedings conducted by the District 
Court, Superior Court and Supreme Judicial Court.
3. Hybrid means.  "Hybrid means" means the use of telephone, Internet or other 
remote audio and video communication technologies to conduct hearings or other judicial 
proceedings at which one or more, but not all, attorneys, parties and witnesses participate 
without being present in the same physical location as the court.
§2002. Use of electronic means
1. Required use of electronic means.  Except as provided in subsections 2 and 3, the 
following hearings and other judicial proceedings must be conducted by electronic means:
A.  Pretrial conferences;
B. Motion hearings and status hearings;
C. Mediations and judicial settlement conferences; and
D. Any other hearing or judicial proceeding in which in-person attendance is not 
required to provide due process in a fair and just manner. 
2. Exceptions. Criminal trials and civil jury trials requiring the presentation of physical 
evidence may not be conducted by electronic means without the consent of each party to 
the proceeding and the approval of the court.
3. Judicial determination electronic means inappropriate. A court may order that a 
specific hearing or other judicial proceeding identified in subsection 1 be conducted in 
person or through hybrid means if the complexity of the matter, the need for in-person 
testimony or other relevant factors support a finding that conducting the hearing or other 
judicial proceeding by electronic means is inappropriate because it would result in a 
deprivation of due process, fairness or justice.
4. Accommodations.  A court shall provide reasonable accommodations to an 
individual with limited access to the technology required to participate by electronic means 
as well as an individual with a disability that limits the individual's ability to fully 
participate by electronic means.  Accommodations under this subsection may include a 
court order that a specific hearing or other judicial proceeding be conducted by hybrid 
means during which the affected individual, the affected individual's attorney and other 
specified attorneys, parties or witnesses are permitted or required to appear in person.
5. Technology and training.  The judicial branch shall ensure that the technology 
necessary to conduct hearings and other judicial proceedings by electronic means is 
available in each District Court, Superior Court and Supreme Judicial Court courthouse in 
the State.  The judicial branch shall provide training and technical assistance to allow 
judges and justices, court staff, attorneys, parties and witnesses to effectively use the 
technology selected for conducting hearings and other judicial proceedings by electronic 
means.
§2003. Report; rulemaking
1.  Annual report.  The Supreme Judicial Court shall, by January 15, 2026 and 
annually thereafter, submit a report to the joint standing committee of the Legislature 
having jurisdiction over judiciary matters on the use of electronic means to conduct 
hearings and other judicial proceedings.  The report must include, at a minimum, the 
following:
A. Statistics on the number and types of hearings and other judicial proceedings 
conducted by electronic means in the preceding calendar year;
B. An estimate of the cost savings achieved by the judicial branch and the cost savings 
for attorneys, parties and witnesses as a result of conducting hearings and other judicial 
proceedings by electronic means in the preceding calendar year; 
C. Information collected from surveys and other means providing feedback from 
judges and justices, court staff, attorneys, parties and witnesses on the conduct of 
hearings and other judicial proceedings by electronic means; and
D. Any recommendations for improving or adjusting the use of electronic means to 
conduct hearings and other judicial proceedings.
The joint standing committee of the Legislature having jurisdiction over judiciary matters 
may report out legislation in response to the report to any regular or special session of the 
Legislature.
2. Rules.  Notwithstanding any provision of law to the contrary, the Supreme Judicial 
Court may adopt rules and issue orders to implement this chapter.  After the effective date 
of the rules as adopted or amended, all laws in conflict with the rules are of no further 
effect.
§2004.  Construction
The provisions of this chapter must be liberally construed to accomplish the purposes 
of this chapter.
Sec. 2.  Report regarding laws no longer in effect.  The Supreme Judicial Court, 
by December 3, 2025, shall submit a report to the Joint Standing Committee on Judiciary 
detailing those provisions of the Maine Revised Statutes that are rendered of no effect due 
to the actions taken by the Supreme Judicial Court pursuant to the Maine Revised Statutes, 
Title 4, chapter 41. The joint standing committee may report out a bill based on the report 
to the Second Regular Session of the 132nd Legislature.
SUMMARY
This bill requires that certain categories of hearings and other judicial proceedings in 
the District Court, Superior Court and Supreme Judicial Court be conducted by electronic 
means absent a finding that conducting the proceeding by electronic means is inappropriate 
because it would result in a deprivation of due process, fairness or justice.  This requirement 
does not apply to criminal trials or to civil jury trials requiring the presentation of evidence 
absent the approval of the court and consent of each party to the proceeding.  The bill also 
requires the court to provide reasonable accommodations to individuals with limited access 
to the technology required to participate by electronic means as well as individuals with 
disabilities that limit the individuals' ability to fully participate by electronic means.
The bill recognizes the authority of the Supreme Judicial Court to adopt rules and issue 
orders to implement the provisions of this legislation.  It further directs the Supreme 
Judicial Court to submit an annual report to the joint standing committee of the Legislature 
having jurisdiction over judiciary matters regarding the conduct of hearings and other 
judicial proceedings by electronic means in state courts.  The bill also requires the Supreme 
Judicial Court to submit a report by December 3, 2025 to the Joint Standing Committee on 
Judiciary detailing the provisions rendered of no effect due to the bill's provisions.