reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 7: ASSET FORFEITURE › Chapter 517: ASSET FORFEITURE › 15 §5822. Procedure

§5822. Procedure
1.  Filing of petition.
[PL 2021, c. 454, §6 (RP).]
2.  Jurisdiction and venue.
[PL 2021, c. 454, §7 (RP).]
3.  Type of action.
[PL 2021, c. 454, §8 (RP).]
4.  Hearings.
[PL 2021, c. 454, §9 (RP).]
5.  Default proceedings.
[PL 2021, c. 454, §10 (RP).]
6.  Preliminary process.
Any Justice of the Supreme Judicial Court or the Superior Court, Judge of the District Court or justice of the peace may issue, at the request of the attorney for the State, ex parte, any preliminary order or process as is necessary to seize or secure the property for which forfeiture is or will be sought and to provide for its custody. That order may include an order to a financial institution or to any fiduciary or bailee to require the entity to impound any property in its possession or control and not to release it except upon further order of the court. Process for seizure of the property may issue only upon a showing of probable cause that the property is subject to forfeiture under section 5821. The application for process and the issuance, execution and return of process is subject to applicable state law. Any property subject to forfeiture under this section may be seized upon process, except that seizure without the process may be made when:
A. The seizure is incident to an arrest with probable cause, a search under a valid search warrant or an inspection under a valid administrative inspection warrant;   [PL 1987, c. 420, §2 (NEW).]
B. The property subject to seizure has been the subject of a prior judgment in favor of the State in a forfeiture proceeding under this section or any other provision of the laws of this State, any other state or the United States;   [PL 1987, c. 420, §2 (NEW).]
C. There is probable cause to believe that the property has been directly or indirectly dangerous to health or safety; or   [PL 1987, c. 420, §2 (NEW).]
D. There is probable cause to believe that the property has been used or is intended to be used in violation of any criminal law of this State, any other state or the United States.   [PL 1987, c. 420, §2 (NEW).]
[RR 1999, c. 2, §18 (COR); RR 1999, c. 2, §19 (AFF).]
7.  Rules.
After January 1, 1988, the prosecution of proceedings under this chapter shall be governed by rules adopted or amended by the Attorney General, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. These rules shall provide standards for prosecution, settlement, approval of settlement and equitable transfer of forfeited property.
[PL 1987, c. 420, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 420, §2 (NEW). PL 1987, c. 648 (AMD). PL 1987, c. 736, §26 (AMD). PL 1989, c. 302, §4 (AMD). PL 1991, c. 461, §§1,2 (AMD). RR 1999, c. 2, §18 (COR). RR 1999, c. 2, §19 (AFF). PL 1999, c. 408, §1 (AMD). PL 2021, c. 454, §§6-10 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 7: ASSET FORFEITURE › Chapter 517: ASSET FORFEITURE › 15 §5823. Perfecting titles to forfeited vehicles

§5823. Perfecting titles to forfeited vehicles
1.  Vehicle report.
Any officer, department or agency seizing any vehicle subject to forfeiture under section 5821, shall file a report of seizure with the Attorney General or a district attorney having jurisdiction over the vehicle. This report must be filed at least 21 days from the date of seizure. The report shall be labeled "Vehicle Report" and shall include:
A. A description of the vehicle;   [PL 1987, c. 420, §2 (NEW).]
B. The place and date of seizure;   [PL 1987, c. 420, §2 (NEW).]
C. The name and address of the owner or operator of the vehicle at the time of seizure; and   [PL 1987, c. 420, §2 (NEW).]
D. The name and address of any other person who appears to have an ownership interest in the vehicle.   [PL 1987, c. 420, §2 (NEW).]
The seizing officer, department or agency must make a diligent search and inquiry as to ownership of the vehicle. The filing of a vehicle report is conclusive evidence that a diligent search and inquiry were completed.
[PL 1987, c. 420, §2 (NEW).]
2.  Procedure.
[PL 2021, c. 454, §11 (RP).]
3.  Defaced or missing identification numbers.
Any vehicle disposed of under this section that does not have a vehicle identification number or the number is illegible must be issued a special number by the Secretary of State under Title 29‑A, section 407.
[PL 1995, c. 65, Pt. A, §50 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
4.  Subsequent actions.
Neither replevin or any other action to recover any interest in any vehicle disposed of under this section may be maintained in any court of this State.
[PL 1987, c. 420, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 420, §2 (NEW). PL 1991, c. 461, §3 (AMD). PL 1995, c. 65, §A50 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 2021, c. 454, §11 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 7: ASSET FORFEITURE › Chapter 517: ASSET FORFEITURE › 15 §5824. Equitable transfer of forfeited assets

§5824. Equitable transfer of forfeited assets
In the case of any asset decreed forfeit under this chapter or under Title 25, to any entity other than the General Fund, transfer of title to the asset shall not occur until the transfer is approved by:   [PL 1987, c. 420, §2 (NEW).]
1.  State; agency or department.
In the case of an agency or department of the State, the Governor or the Attorney General;
[PL 1999, c. 408, §2 (AMD).]
2.  County; agency or department.
In the case of an agency or department of a county, a majority of the commissioners of the county; and
[PL 1987, c. 420, §2 (NEW).]
3.  Municipality; agency or department.
In the case of an agency or department of a municipality, the municipal officers of the municipality.
[PL 1999, c. 408, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 420, §2 (NEW). PL 1999, c. 408, §2 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 7: ASSET FORFEITURE › Chapter 517: ASSET FORFEITURE › 15 §5825. Records; reports

§5825. Records; reports
1.  Records of forfeited property.
Any officer to whom or department or agency to which property subject to forfeiture under section 5821 has been ordered forfeited shall maintain records showing:
A. The name of the court that ordered each item of property to be forfeited to the officer, department or agency;   [PL 2019, c. 651, §1 (AMD).]
B. [PL 2019, c. 651, §1 (RP).]
C. [PL 2019, c. 651, §1 (RP).]
D. The date on which each item of property was ordered forfeited to the officer, department or agency; and   [PL 2019, c. 651, §1 (AMD).]
E. A description of each item of property forfeited to the officer, department or agency.   [PL 2019, c. 651, §1 (AMD).]
The records must be open to inspection. A copy of each record must be filed with the Department of Public Safety.
[PL 2021, c. 454, §12 (AMD).]
2.  Department of Public Safety.
A report of the transfer of property previously held by the Department of Public Safety and then ordered by a court to be forfeited to another governmental entity must be provided upon request to the Commissioner of Administrative and Financial Services and the Office of Fiscal and Program Review. The report must account for any such transfer that occurred during the 12 months preceding such a request. The Department of Public Safety shall maintain all records filed with the department pursuant to subsection 1. The Department of Public Safety shall make all records under this subsection available on a publicly accessible website.
[PL 2021, c. 454, §12 (AMD).]
SECTION HISTORY
PL 1987, c. 420, §2 (NEW). PL 1991, c. 780, §Y116 (AMD). RR 2017, c. 1, §9 (COR). PL 2019, c. 651, §1 (AMD). PL 2021, c. 454, §12 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 7: ASSET FORFEITURE › Chapter 517: ASSET FORFEITURE › 15 §5827. Construction

§5827. Construction
The provisions of this chapter must be liberally construed to effectuate its remedial purposes.   [PL 1995, c. 421, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 421, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 7: ASSET FORFEITURE › Chapter 517: ASSET FORFEITURE › 15 §5828. Post-seizure proceedings

§5828. Post-seizure proceedings
1.  Prompt post-seizure hearing.
This subsection governs post-seizure proceedings for assets seized pursuant to this chapter.
A. Following the seizure of property, a defendant or any person with an interest in the property has a right to a prompt post-seizure hearing.   [PL 2021, c. 454, §14 (NEW).]
B. A person with an interest in the property may petition the court for a hearing.   [PL 2021, c. 454, §14 (NEW).]
C. At the court's discretion, the court may hold a prompt post-seizure hearing:
(1) As a separate hearing; or
(2) At the same time as a probable-cause determination, a post-arraignment hearing or other pretrial hearing.   [PL 2021, c. 454, §14 (NEW).]
D. A party, by agreement of all parties or for good cause, may move for one extension of the hearing date of no more than 10 days. Any motion may be supported by affidavits or other submissions.   [PL 2021, c. 454, §14 (NEW).]
E. The court shall order the return of seized property if it finds:
(1) The seizure was invalid;
(2) A criminal charge has not been filed and no extension of the filing period established under this section is available;
(3) The property is not reasonably required to be held as evidence; or
(4) The final judgment likely will be in favor of the claimant.   [PL 2021, c. 454, §14 (NEW).]
[PL 2021, c. 454, §14 (NEW).]
SECTION HISTORY
PL 2021, c. 454, §14 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 8: VICTIMS' RIGHTS › Chapter 520: VICTIM INVOLVEMENT › 15 §6101. Victim involvement in criminal proceedings

§6101. Victim involvement in criminal proceedings
1.  Notice to victims.
Whenever practicable, the attorney for the State shall make a good faith effort to inform the victims and families of victims of crimes of domestic violence and sexual assault and crimes in which the victim or the victim's family suffered serious physical trauma or serious financial loss of:
A. The victim advocate and the victims' compensation fund pursuant to Title 5, chapter 316‑A;   [PL 1995, c. 680, §2 (AMD).]
B. The victim's right to be advised of the existence of a negotiated plea agreement before that agreement is submitted to the court pursuant to Title 17‑A, section 2103;   [PL 2019, c. 113, Pt. C, §53 (AMD).]
C. The time and place of the trial, if one is to be held;   [PL 1993, c. 675, Pt. A, §3 (NEW).]
D. The victim's right to make a statement or submit a written statement at the time of sentencing pursuant to Title 17‑A, section 2104 upon conviction of the defendant; and   [PL 2019, c. 113, Pt. C, §54 (AMD).]
E. The final disposition of the charges against that defendant.   [PL 1993, c. 675, Pt. A, §3 (NEW).]
[PL 2019, c. 113, Pt. C, §§53, 54 (AMD).]
2.  Notice to court.
Whenever practicable, the attorney for the State shall make a good faith effort to inform the court about the following:
A. If there is a plea agreement, the victim's or the victim's family's position on the plea agreement; or   [PL 1995, c. 680, §2 (AMD).]
B. If there is no plea agreement, the victim's or the victim's family's position on sentencing.   [PL 1993, c. 675, Pt. A, §3 (NEW).]
[PL 1995, c. 680, §2 (AMD).]
SECTION HISTORY
PL 1993, c. 675, §A3 (NEW). PL 1995, c. 680, §2 (AMD). PL 2019, c. 113, Pt. C, §§53, 54 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 8: VICTIMS' RIGHTS › Chapter 521: RIGHTS OF SEXUAL ASSAULT SURVIVORS › 15 §6201. Definitions

§6201. Definitions
For the purposes of this chapter, the following terms have the following meanings.   [PL 2023, c. 199, §1 (NEW).]
1.  Law enforcement officer.
"Law enforcement officer" has the same meaning as in Title 25, section 2801‑A, subsection 5.
[PL 2023, c. 199, §1 (NEW).]
2.  Person responsible for the minor.
"Person responsible for the minor" has the same meaning as "person responsible for the child" as defined in Title 22, section 4002, subsection 9.
[PL 2023, c. 199, §1 (NEW).]
3.  Reported sexual assault.
"Reported sexual assault" means, with respect to a sexual assault survivor who is an adult, a crime described in subsection 5, paragraph A or, with respect to a sexual assault survivor who is a child, a crime described in subsection 5, paragraph B.
[PL 2023, c. 199, §1 (NEW).]
4.  Sexual assault counselor.
"Sexual assault counselor" has the same meaning as in Title 16, section 53‑A, subsection 1, paragraph B.
[PL 2023, c. 199, §1 (NEW).]
5.  Sexual assault survivor.
"Sexual assault survivor" or "survivor" means:
A. An adult who reports that the adult is a victim of a crime defined in:
(1) Title 17‑A, chapter 11;
(2) Title 17‑A, section 511‑A; or
(3) Title 17‑A, section 852 or 853; or   [PL 2023, c. 199, §1 (NEW).]
B. A minor who is reported by the minor or by a person responsible for the minor to be a victim of a crime defined in:
(1) Title 17‑A, chapter 11;
(2) Title 17‑A, section 511‑A;
(3) Title 17‑A, section 852 or 853; or
(4) Title 17‑A, section 282 or 283.   [PL 2023, c. 199, §1 (NEW).]
[PL 2023, c. 199, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 199, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 8: VICTIMS' RIGHTS › Chapter 521: RIGHTS OF SEXUAL ASSAULT SURVIVORS › 15 §6202. Right to a sexual assault counselor

§6202. Right to a sexual assault counselor
A survivor has the right to consult with a sexual assault counselor during a sexual assault forensic examination and has the right to have a sexual assault counselor present during any interview by a law enforcement officer, prosecutor, defense attorney or professional investigator about the reported sexual assault. A survivor retains this right even if the survivor has waived the right in a previous examination or interview.   [PL 2023, c. 199, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 199, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 8: VICTIMS' RIGHTS › Chapter 521: RIGHTS OF SEXUAL ASSAULT SURVIVORS › 15 §6203. Prohibition on use of evidence gathered during sexual assault forensic examination

§6203. Prohibition on use of evidence gathered during sexual assault forensic examination
1.  Use of evidence prohibited.
Evidence gathered during a sexual assault forensic examination may not be used:
A. To prosecute a survivor for any Class D or Class E crime under Title 17‑A, chapter 45;   [PL 2023, c. 199, §1 (NEW).]
B. To prosecute a survivor for any crime of criminal OUI under Title 29‑A, section 2411;   [PL 2023, c. 199, §1 (NEW).]
C. To prosecute a survivor for any crime of failure to appear, failure to report or violation of condition of release under sections 1091, 1091‑A and 1092, respectively;   [PL 2023, c. 199, §1 (NEW).]
D. As the basis of a motion to revoke any conditional release of the survivor under Title 17‑A, chapter 67;   [PL 2023, c. 199, §1 (NEW).]
E. To prosecute a survivor for any civil violation or crime under Title 28‑A;   [PL 2023, c. 199, §1 (NEW).]
F. To prosecute a survivor for engaging in prostitution under Title 17-A, section 853‑A; or   [PL 2023, c. 199, §1 (NEW).]
G. To prosecute a survivor for any juvenile crime based on a violation of the laws set forth in paragraphs A to F.   [PL 2023, c. 199, §1 (NEW).]
[PL 2023, c. 199, §1 (NEW).]
2.  Use of evidence to justify search prohibited.
Evidence gathered during a sexual assault forensic examination may not be used as a basis to search for evidence to be used against the survivor for any of the following:
A. A Class D or Class E crime under Title 17‑A, chapter 45;   [PL 2023, c. 199, §1 (NEW).]
B. Any crime of criminal OUI under Title 29‑A, section 2411;   [PL 2023, c. 199, §1 (NEW).]
C. Any crime of failure to appear, failure to report or violation of condition of release under sections 1091, 1091‑A or 1092, respectively;   [PL 2023, c. 199, §1 (NEW).]
D. A motion to revoke any conditional release of the survivor under Title 17‑A, chapter 67;   [PL 2023, c. 199, §1 (NEW).]
E. Any civil violation or crime under Title 28‑A;   [PL 2023, c. 199, §1 (NEW).]
F. Engaging in prostitution under Title 17-A, section 853-A; and   [PL 2023, c. 199, §1 (NEW).]
G. Any juvenile crime based on a violation of the laws set forth in paragraphs A to F.   [PL 2023, c. 199, §1 (NEW).]
[PL 2023, c. 199, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 199, §1 (NEW).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 16 §1. Applicability of provisions to executors, administrators or heirs (REPEALED)

§1. Applicability of provisions to executors, administrators or heirs
(REPEALED)
SECTION HISTORY
PL 1977, c. 564, §75 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §51. Showing of interest or bias

§51. Showing of interest or bias
If in the trial of a civil case there is a conflict of oral testimony or the contents of a written statement are denied or controverted by the person involved therein, it is competent to show in testimony the interest or bias of the person testifying orally or the person preparing the written statement.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §52. Mentally ill party

§52. Mentally ill party
The rules of evidence which apply to actions by or against executors or administrators apply in actions where a person shown to the court to be mentally ill is solely interested as a party.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §53. Parties, husbands, wives and others as interested witnesses

§53. Parties, husbands, wives and others as interested witnesses
No person is excused or excluded from testifying in any civil action by reason of his interest in the event thereof as party or otherwise, except as otherwise provided, but such interest may be shown to affect his credibility, and the husband or wife of either party may be a witness.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §54. Attestation of wills and instruments not affected (REPEALED)

§54. Attestation of wills and instruments not affected
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §§24-A (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §55. Religious belief affects credibility only; atheists may testify (REPEALED)

§55. Religious belief affects credibility only; atheists may testify
(REPEALED)
SECTION HISTORY
PL 1977, c. 564, §76 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §56. Prior conviction as affecting credibility (REPEALED)

§56. Prior conviction as affecting credibility
(REPEALED)
SECTION HISTORY
PL 1973, c. 295 (AMD). PL 1977, c. 564, §77 (AMD). PL 1979, c. 127, §120 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §57. Privileged communications; clergymen (REPEALED)

§57. Privileged communications; clergymen
(REPEALED)
SECTION HISTORY
PL 1965, c. 117 (NEW). PL 1977, c. 184, §1 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §58. Exception (REPEALED)

§58. Exception
(REPEALED)
SECTION HISTORY
PL 1965, c. 117 (NEW). PL 1977, c. 184, §1 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §59. Actions for injury to or death of persons (REPEALED)

§59. Actions for injury to or death of persons
(REPEALED)
SECTION HISTORY
PL 1967, c. 406 (NEW). PL 1977, c. 564, §78 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY › 16 §60. Psychiatrist and patient (REPEALED)

§60. Psychiatrist and patient
(REPEALED)
SECTION HISTORY
PL 1973, c. 481 (NEW). PL 1977, c. 564, §79 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 3: ATTENDANCE › 16 §101. Subpoenas for witnesses

§101. Subpoenas for witnesses
The clerks of the several courts and notaries public may issue subpoenas for witnesses to attend before any court or before persons authorized to examine witnesses, to give evidence concerning any pending matter.   [PL 1981, c. 456, Pt. A, §58 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A58 (AMD).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 3: ATTENDANCE › 16 §102. Failure of witness to appear; contempt; liability

§102. Failure of witness to appear; contempt; liability
When a person, summoned and obliged to attend before any judicial tribunal, fails to do so without reasonable excuse, he is liable to the party aggrieved for all damages sustained thereby. The judge or justice of such tribunal may issue a capias to apprehend and bring such delinquent before him, and he shall be punished by a fine of not more than $100 and costs of attachment, and committed until the same and costs are paid.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 4: EXAMINATION › 16 §151. Oaths

§151. Oaths
A person to whom an oath is administered shall hold up his hand unless he believes that an oath administered in that form is not binding, and then it may be administered in a form believed by him to be binding. One believing any other than the Christian religion may be sworn according to the ceremonies of his religion.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 4: EXAMINATION › 16 §152. Affirmation

§152. Affirmation
Persons conscientiously scrupulous of taking an oath may affirm as follows: "I affirm under the pains and penalties of perjury," which affirmation is of the same force and effect as an oath.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 4: EXAMINATION › 16 §154. Impeaching of own witness

§154. Impeaching of own witness
When a party either nominal or real or the husband or wife of a party is used as a witness by an adverse party, testimony may be introduced by such adverse party to contradict or discredit him.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 4: EXAMINATION › 16 §155. Refusal to answer

§155. Refusal to answer
When a witness in court refuses to answer such questions as the court allows to be put, he shall be punished by a fine of not more than $100 or by imprisonment for not more than 3 months.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 5: IMMUNITIES › 16 §201. Self-incrimination; waiver

§201. Self-incrimination; waiver
No defendant shall be compelled to testify in any action when the pleadings in that action imply or charge an offense against the criminal law or a traffic infraction or a violation of Title 22, section 2383, on his part. If he offers himself as a witness, he waives his privilege of not incriminating or testifying against himself, but his testimony shall not be used in evidence against him in any criminal prosecution, or other traffic infraction proceeding or in any other civil violation proceeding arising under Title 22, section 2383, involving the same subject matter.   [PL 1975, c. 740, §2-A (RPR).]
SECTION HISTORY
PL 1975, c. 430, §22 (AMD). PL 1975, c. 740, §§2-A (RPR).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 6: FEES › 16 §251. Fees of witnesses

§251. Fees of witnesses
Witnesses, other than law enforcement officers testifying in their official capacity, in the Supreme Judicial Court, the Superior Court, the District Court or in the Probate Court, unless the court otherwise orders, must receive $10, and before referees, auditors or commissioners specially appointed to take testimony or special commissioners on disputed claims appointed by Probate Courts, $10, or before the county commissioners, $10 for each day's attendance and 22¢ a mile for each mile's travel going and returning home. The party calling the witness shall pay the witness. Payments made under this section to witnesses called on behalf of the State must be made from the county treasury upon authorization of the prosecuting attorney, unless otherwise directed by law. The court in its discretion may allow at the trial of any cause, civil or criminal, in the Supreme Judicial Court, the Superior Court or the District Court, a reasonable sum for each day's attendance of any expert witness or witnesses at the trial, in taxing the costs of the prevailing party, and the expense of all expert witnesses for the State in murder cases must be paid by the State and charged against the appropriation for the Department of the Attorney General. Such party or the attorney of record shall first file an affidavit within 30 days after entry of judgment and before the cause is settled, stating the name, residence, number of days in attendance and the actual amount paid or to be paid each expert witness in attendance at such trial. No more than $10 per day may be allowed or taxed by the clerk of courts in the costs of any civil action for the per diem attendance of a witness, unless the affidavit is filed, and the per diem is determined and allowed by the presiding justice.   [PL 2007, c. 539, Pt. JJ, §7 (AMD); PL 2007, c. 539, Pt. JJ, §10 (AFF).]
SECTION HISTORY
PL 1967, c. 286 (AMD). PL 1971, c. 199 (AMD). PL 1971, c. 261, §2 (AMD). PL 1971, c. 544, §52 (AMD). PL 1975, c. 731, §16 (AMD). PL 1983, c. 538, §1 (AMD). PL 1985, c. 384, §6 (AMD). PL 2007, c. 539, Pt. JJ, §7 (AMD). PL 2007, c. 539, Pt. JJ, §10 (AFF).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 6: FEES › 16 §252. Fees of police officer or constable

§252. Fees of police officer or constable
No police officer or constable paid a salary or paid upon a per diem basis by a municipality shall receive any fee as a complainant or witness, or for making an arrest or for attendance at court, while on duty and being compensated therefor, but shall be reimbursed by such municipality for his actual costs of arrest and actual expenses of travel and attendance. Whenever any fines or penalties are imposed by any court in any proceeding in which such a police officer or constable is a complainant or a witness, said court may tax costs for such complainant or witness in the usual manner to be paid by the Treasurer of State to the municipality employing such police officer or constable; such costs shall not exceed his actual expenses, paid by the municipality for his travel to and attendance at the court. Notwithstanding any other provisions of law, all law enforcement officers appearing at the order of a prosecuting official before the Superior Court or grand jury, whether or not called upon to give testimony, at times other than their regular working hours shall be compensated on an hourly basis equal to their present rate of employment to be paid by the respective county treasurer.   [PL 1975, c. 408, §35 (AMD).]
In the event that any police officer or constable is compensated by the municipality for attendance at court on an hourly basis equal to his present rate of employment, then he shall not be compensated by the county as provided in this section, but the county shall compensate the municipality for that amount paid to the police officer or constable for his attendance at court.   [PL 1973, c. 301 (NEW).]
SECTION HISTORY
PL 1971, c. 261, §3 (AMD). PL 1973, c. 301 (AMD). PL 1973, c. 625, §87 (AMD). PL 1975, c. 369, §3 (AMD). PL 1975, c. 383, §22 (AMD). PL 1975, c. 408, §35 (AMD).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 1: WITNESSES › Subchapter 6: FEES › 16 §253. Witness not obligated unless fees paid or tendered

§253. Witness not obligated unless fees paid or tendered
No person is obliged to attend any court as a witness in a civil action or at any place to have his deposition taken unless his legal fees for travel to and from the place and for one day's attendance are first paid or tendered. His fees for each subsequent day's attendance must be paid at the close of the preceding day if he requests it.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 1: GENERAL PROVISIONS › 16 §351. Testimony of deceased subscribing witness or magistrate

§351. Testimony of deceased subscribing witness or magistrate
When the testimony of a subscribing witness to a deed or of the magistrate who took the acknowledgment thereof has been taken in the trial of any civil action in relation to the execution, delivery or registry of such deed, and such witness has since died, proof of such former testimony is admissible in the trial of any other civil action involving the same question if the parties are the same or if one of the parties is the same and the adverse party acted as agent or attorney for the adverse party in the former action, but such testimony may be impeached like the testimony of a living witness.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 1: GENERAL PROVISIONS › 16 §353. Avoidance of Lord's Day contracts; restoration of consideration; torts on Lord's Day (REPEALED)

§353. Avoidance of Lord's Day contracts; restoration of consideration; torts on Lord's Day
(REPEALED)
SECTION HISTORY
PL 1979, c. 11, §1 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 1: GENERAL PROVISIONS › 16 §353-A. Contracts and torts on Lord's Day

§353-A. Contracts and torts on Lord's Day
No deed, contract, receipt or other instrument in writing shall be voidable only because it was made, executed, dated or delivered on the Lord's Day.   [PL 1979, c. 11, §2 (NEW).]
Title 17, chapter 105, relating to the observance of the Lord's Day shall not affect the rights or remedy of either party in any action for a tort or injury suffered on that day.   [PL 1979, c. 11, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 11, §2 (NEW).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 1: GENERAL PROVISIONS › 16 §355. Affidavit of plaintiff as prima facie evidence; exception

§355. Affidavit of plaintiff as prima facie evidence; exception
In all actions brought on an itemized account annexed to the complaint, including an action brought in small claims court pursuant to Title 14, chapter 738, the affidavit of the plaintiff, made before a notary public using a seal, that the account on which the action is brought is a true statement of the indebtedness existing between the parties to the action with all proper credits given and that the prices or items charged therein are just and reasonable is prima facie evidence of the truth of the statement made in such affidavit and entitles the plaintiff to the judgment unless rebutted by competent and sufficient evidence. When the plaintiff is a corporation, the affidavit may be made by its president, vice-president, secretary, treasurer or other person authorized by the corporation. If the plaintiff is a debt buyer within the meaning of the Maine Fair Debt Collection Practices Act, the affidavit must also conform to the requirements of Title 32, section 11019.   [PL 2017, c. 216, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 564, §81 (AMD). PL 1977, c. 696, §364 (AMD). PL 1981, c. 470, §A34 (AMD). PL 2017, c. 216, §1 (AMD).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 1: GENERAL PROVISIONS › 16 §356. Accounts admissible though hearsay or self-serving

§356. Accounts admissible though hearsay or self-serving
An entry in an account kept in a book or by a card system or by any other system of keeping accounts shall not be inadmissible in any civil proceeding as evidence of the facts therein stated because it is transcribed or because it is hearsay or self-serving, if the court finds that the entry was made in good faith in the regular course of business and before the beginning of the civil proceeding. The court in its discretion, before admitting such entry in evidence, may, to such extent as it deems practicable or desirable but to no greater extent than the law required before June 30, 1933, require the party offering the same to produce and offer in evidence the original entry, writing, document or account from which the entry offered or the facts therein stated were transcribed or taken, and to call as his witness any person who made the entry offered or the original or any other entry, writing, document or account from which the entry offered or the facts therein stated were transcribed or taken or who has personal knowledge of the facts stated in the entry offered.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 1: GENERAL PROVISIONS › 16 §357. Hospital records and copies of records

§357. Hospital records and copies of records
Records kept by hospitals and other medical facilities licensed under the laws of this State and records which the court finds are required to be kept by the laws of any other state or territory, or the District of Columbia, or by the laws and regulations of the United States of America pertaining to the Department of National Defense and the Veterans Administration, by hospitals and other medical facilities similarly conducted or operated or which, being incorporate, offer treatment free of charge, shall be admissible, as evidence in the courts of this State so far as such records relate to the treatment and medical history of such cases and the court shall admit copies of such records, if certified by the persons in custody thereof to be true and complete, but nothing therein contained shall be admissible as evidence which has reference to the question of liability. Copies of photographic or microphotographic records so kept by hospitals and medical facilities, when duly certified by the person in charge of the hospital and other medical facility, shall be admitted in evidence equally with the original photographs or microphotographs.   [PL 1973, c. 788, §66 (AMD).]
Notwithstanding this section, the result of a laboratory or any other test kept by a hospital or other medical facility that reflects an alcohol level, a detectable urine-drug level, a detectable blood-drug level or a drug concentration of either blood or urine may not be excluded as evidence in a criminal or civil proceeding by reason of any claim of confidentiality or privilege and may be admitted as long as the result is relevant and reliable evidence if the proceeding is one in which the operator of a motor vehicle, snowmobile, all-terrain vehicle or watercraft is alleged to have operated under the influence of intoxicating liquor or drugs and the court is satisfied that probable cause exists to believe that the operator committed the offense charged.   [PL 2011, c. 335, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 384 (NEW). PL 1973, c. 788, §66 (AMD). PL 1987, c. 791, §3 (AMD). PL 2005, c. 477, §26 (AMD). PL 2007, c. 63, §1 (AMD). PL 2009, c. 447, §17 (AMD). PL 2011, c. 335, §1 (AMD).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 2: JUDICIAL NOTICE › 16 §401. Construction to effectuate purpose

§401. Construction to effectuate purpose
This subchapter shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them and may be cited as the "Uniform Judicial Notice of Foreign Law Act."
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 2: JUDICIAL NOTICE › 16 §405. Admissibility of laws of other jurisdictions

§405. Admissibility of laws of other jurisdictions
Any party may present to the trial court any admissible evidence of such laws, but to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties, if any, either in the pleadings or otherwise.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 2: JUDICIAL NOTICE › 16 §406. Laws of foreign countries

§406. Laws of foreign countries
The law of a jurisdiction other than those referred to in section 402 shall be an issue for the court but shall not be subject to sections 402 to 405, concerning judicial notice.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §451. Court records as evidence

§451. Court records as evidence
The records and proceedings of any court of the United States or of any state, authenticated by the attestation of the clerk or officer having charge thereof and by the seal of such court, are evidence.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §452. Admissibility; attested copies of deeds (REPEALED)

§452. Admissibility; attested copies of deeds
(REPEALED)
SECTION HISTORY
PL 1977, c. 564, §82 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §453. -- copied records of deeds

§453. -- copied records of deeds
Copies made from any portion of either of the volumes of the early records in the York County registry of deeds published by the authority of the Legislature and placed in each registry, when attested by any register of deeds having lawful custody of such printed volume, and records duplicated from originals or from copies of originals in any registry of deeds and filed in such registry of deeds or in any other registry of deeds by authority of law and copies made from such records when attested by the register of deeds of the county or district where such records are filed, may be used in evidence like attested copies of the original records.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §454. -- photostats of public records

§454. -- photostats of public records
Copies made by photographic process from public records shall be received as evidence in the courts of this State under existing laws if duly attested by the officials required by law to keep said records.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §455. Authorization of photostats

§455. Authorization of photostats
Whenever any officer or employee of the State or of any county, city or town is required or authorized by law, or otherwise, to record or copy any document, plat, paper or instrument in writing, he may do such recording or copying by any photostatic, photographic or other mechanical process which produces a clear, accurate and permanent copy or reproduction of the original document, plat, paper or instrument in writing.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §456. Photostatic and microfilm reproductions admissible

§456. Photostatic and microfilm reproductions admissible
If, in the regular course of any business or governmental activity, there is kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of any business or governmental activity, causes any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical disk that is not erasable or other process that accurately reproduces or forms a durable medium for reproducing the original, the reproduction or copy, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of the reproduction or copy is likewise admissible in evidence if the original reproduction or copy is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. This section may not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.   [PL 1991, c. 172, §2 (AMD).]
SECTION HISTORY
PL 1991, c. 172, §2 (AMD).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §457. Copies of consular and customhouse records and documents

§457. Copies of consular and customhouse records and documents
Copies of papers and documents belonging to, or filed or remaining in the office of any consul, vice-consul or commercial agent of the United States and of official entries in the books or records of such office, when certified under the hand and official seal of the proper consul, vice-consul or commercial agent are evidence. Copies of registers or enrollments of vessels, or of any other customhouse records or documents deposited in the office of the collector of customs, attested by him or his deputy, under seal of office, may be used in evidence and shall have the same effect as the production of the records in court, verified by the recording officer in person.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §458. Copies of deeds of Director of the Bureau of Parks and Lands

§458. Copies of deeds of Director of the Bureau of Parks and Lands
A copy from the records in the office of the Director of the Bureau of Parks and Lands of a deed from the State of the land of the State, or of a deed from the State and from the Commonwealth of Massachusetts of the undivided lands of the State and of said Commonwealth, or of a deed from said Commonwealth of the lands of said Commonwealth in Maine, certified by the Director of the Bureau of Parks and Lands or other legal custodian of such records as a true copy thereof, may be filed and recorded in the registry of deeds in the county or registry district where the land lies, with the same effect as if the deed itself had been recorded, whether said deed shall or shall not have been acknowledged by the person making the same. Such record shall have all the force and effect of a record of deeds duly acknowledged, and certified copies thereof from such registry shall be evidence when the original would be.   [PL 1975, c. 339, §7 (AMD); PL 1995, c. 502, Pt. E, §30 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]
SECTION HISTORY
PL 1965, c. 226, §62 (AMD). PL 1975, c. 339, §7 (AMD). PL 1995, c. 502, Pt. E, §30 (AMD). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §24 (REV).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §459. Adjutant General's certificate as evidence

§459. Adjutant General's certificate as evidence
The certificate of the Adjutant General relating to the enlistment of any person from this State in the United States' service and of all facts pertaining to the situation of such person, to the time of and including his discharge, as found upon the records of his office, are prima facie evidence of the facts so certified in any civil action or proceeding.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 3: PUBLIC RECORDS › 16 §461. Proof of lack of record (REPEALED)

§461. Proof of lack of record
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §65 (RP).
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 4: STATUTES AND LAW › 16 §501. Proof of foreign laws and unwritten state law

§501. Proof of foreign laws and unwritten state law
Foreign laws may be proved by parol evidence, but when such law appears to be existing in a written statute or code, it may be rejected unless accompanied by a copy thereof. The unwritten law of any other state or territory of the United States may be proved by parol evidence and by books of reports of cases adjudged in their courts.
Reference to the citation of such cases shall be deemed to incorporate them in the record. The determination of such law shall be for the court on all the evidence.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 5: DEPOSITIONS › 16 §551. Use of depositions

§551. Use of depositions
In trials before probate courts, arbitrators, referees under Title 14, chapter 303, and county commissioners, depositions may, upon order of the tribunal before which the matter is pending and on good cause shown, be taken and used in the manner provided by rule for depositions in the Superior Court. Depositions or affidavits may be taken in applications for pensions, bounties or arrears of pay under any law of the United States.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 5: DEPOSITIONS › 16 §552. Recording of deposition and other papers

§552. Recording of deposition and other papers
Any deposition to perpetuate testimony taken before action or pending appeal together with the verified petition therefor and certificate of the officer before whom it was taken shall, within 90 days after the taking, be recorded in the registry of deeds in the county where the land or any part of it lies, if the deposition relates to real estate; if not, in the county where the parties or any of them reside.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 5: DEPOSITIONS › 16 §553. Deposition by compulsion

§553. Deposition by compulsion
When a magistrate, duly authorized, has summoned a person before him to give his deposition or affidavit in any case authorized by this subchapter pending in this or any other state, the summons has been served and returned by a proper officer or other person, and proof thereof is entered on the summons, and legal fees have been tendered him a reasonable time before the day appointed for taking the deposition and he refuses to attend, the magistrate may adjourn the time of taking his deposition and issue a capias, directed to a proper officer, to apprehend and bring such person before him. If at the time of the adjournment he is not apprehended, the magistrate may adjourn from time to time until he is brought before him. If he then refuses to depose and answer such questions as are propounded to him by either of the parties or persons interested, under his direction, the magistrate may commit him to the county jail for contempt, as a court may commit a witness for refusing to testify. The capias may be served by the sheriff, deputy sheriff or any constable of the county in which such person resides. If he escapes into another county, either of said officers may arrest him there and bring him before said magistrate.
2023 Maine Revised Statutes › TITLE 16: COURT PROCEDURE -- EVIDENCE › Chapter 3: RECORDS AND OTHER DOCUMENTS › Subchapter 5: DEPOSITIONS › 16 §554. Stenographers with power to take depositions (REPEALED)

§554. Stenographers with power to take depositions
(REPEALED)
SECTION HISTORY
PL 1969, c. 367, §3 (RP).