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ORDER REGARDING CERTAIN COURT RECORDS AND COURT FILES AT THE BANGOR DISTRICT COURT

STATE OF MAINE DISTRICT COURT

Effective: October 28, 2009

Order Regarding Certain Court Records and Court Files at the Bangor District Court (PDF)

Attachment to Order Regarding Certain Court Records as the Bangor District Court (PDF)

Certain court files and court records at the Bangor District Court were damaged by water and subsequently have become infected with mold. Photocopies of these case files and court records have been made. Attached to and incorporated into this Order is a list of the affected case files and court records.

Photocopies of the court records, which will become the official records, are available to be reviewed at the Clerk's office. The damaged case files and court records are available for inspection by making arrangements with the Clerk.

Notwithstanding any other law or order relating to the destruction of court records, after one hundred and eighty days (180 days) from the date of this Order, the Clerk of the Penobscot County Superior & Bangor District Courts may cause damaged case files and court records of the proceedings identified on the pages attached to this order to be destroyed, if all of the following conditions are satisfied:

1. The Clerk, or her designee, arranges for reproduction of each pleading, order, document, record, instrument, book, paper, photograph, deposition, transcript, and other paper contained within a file that sustained some damage;
2. At the time of photocopying, the Clerk, or other person acting under the direction of the Clerk, places the originals in a sealed container;
3. A copy of this Order is sent to all parties in all of the affected cases;
4. A copy of this order is placed in each case file on top of the photocopies; and
5. A copy of this Order is posted on the Judicial Branch website

The photocopies that are placed behind a copy of this Order in each case file shall be deemed to be originals for all lawful intents and purposes, unless objection is made within ninety days (90 days) form the date of this Order. If a litigant believes that any paper or non-paper item in a damaged case file should be preserved, such litigant shall file a motion to preserve such item(s) within the ninety days (90 days) from the date of this Order.

If all of the above specified conditions are met and no objection is filed, the Clerk may direct that the original damaged records and files be destroyed after one hundred and eighty days (180 days) from the date of this Order.

In each case subject to this Order, the clerk shall incorporate a copy of this order upon the docket by reference.

So ORDERED this 28th day of October, 2009.

Ann M. Murray, Chief Judge
Maine District Court

 

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