reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 741: TORT CLAIMS › 14 §8115. Payment of claims or judgments when no insurance

§8115. Payment of claims or judgments when no insurance
1.  Payment from next appropriation.
In the event no insurance has been procured by the State to pay a claim or judgment arising under this chapter, and no appropriated funds are reasonably available, as determined by the Commissioner of Administrative and Financial Services, the claim or judgment must be paid from the next appropriation to the state instrumentality whose action or omission, or the action or omission of whose employee, gave rise to the claim.
[PL 1991, c. 780, Pt. Y, §115 (AMD).]
2.  Subdivision's plan for payment.
In the event that a political subdivision has not procured insurance, the trial judge may accept a reasonable plan for the payment of the amount of the judgment. A payment plan may not exceed 5 years and may include interest at the rate provided in section 1602‑C.
[PL 2003, c. 460, §8 (AMD).]
SECTION HISTORY
PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD). PL 1985, c. 785, §A90 (AMD). PL 1987, c. 402, §A106 (AMD). PL 1991, c. 780, §Y115 (AMD). PL 2003, c. 460, §8 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 741: TORT CLAIMS › 14 §8116. Liability insurance

§8116. Liability insurance
The legislative or executive body or any department of the State or any political subdivision may procure insurance against liability for any claim against it or its employees for which immunity is waived under this chapter or under any other law. If the insurance provides protection in excess of the limit of liability imposed by section 8105, then the limits provided in the insurance policy shall replace the limit imposed by section 8105. If the insurance provides coverage in areas where the governmental entity is immune, the governmental entity shall be liable in those substantive areas but only to the limits of the insurance coverage. Reserve funds, excess insurance or reinsurance contracts maintained by a governmental entity, by an insurer providing liability insurance or by a public self-funded pool to meet obligations imposed by this Act shall not increase the limits of liability imposed by section 8105.   [PL 1987, c. 740, §15 (AMD).]
A governmental entity or a public self-funded pool, which self-insures against the obligations and liabilities imposed by this Act, shall designate funds set aside to meet such obligations and liabilities as self-insurance funds. Any such governmental entity which self-insures under this Act or any entity that is a member of a public self-funded pool shall maintain as part of its public records a written statement which shall include a provision setting forth the financial limits of liability assumed by the governmental entity, those limits to be no less than the limits imposed in this Act, and a provision setting forth the scope of the liability assumed by the governmental entity, or the pool, that scope to be no less than that imposed in this Act.   [PL 1985, c. 713, §2 (AMD).]
A governmental entity may purchase insurance or may self-insure on behalf of its employees to insure them against any personal liability for which a governmental entity is obligated or entitled to provide defense or indemnity under section 8112.   [PL 1987, c. 740, §16 (RPR).]
Any insurance purchased by the State under this section must be purchased through the Department of Administrative and Financial Services, Risk Management Division.
SECTION HISTORY
PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 578, §§5,5-A (AMD). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD). PL 1981, c. 602, §§1,2 (AMD). PL 1985, c. 599, §3 (AMD). PL 1985, c. 713, §§1,2 (AMD). PL 1987, c. 740, §§15,16,17 (AMD). PL 2007, c. 466, Pt. A, §37 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 741: TORT CLAIMS › 14 §8117. Prior claims

§8117. Prior claims
This chapter does not apply to any claim against any governmental entity or employee arising before its effective date. Any such claim may be presented and enforced to the same extent and be subject to the same defenses and limitations on recovery as if this chapter had not been adopted and as though any statute repealed by this chapter had remained in effect, and as though the doctrines of sovereign, governmental and official immunity had remained in full force and effect. Nothing herein shall be construed as denying a governmental entity the right or authority to defend or settle any claim either against it or against any of its employees pending at the time of the effective date of this chapter.   [PL 1977, c. 2, §2 (NEW).]
SECTION HISTORY
PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 741: TORT CLAIMS › 14 §8118. Eleventh amendment

§8118. Eleventh amendment
Nothing in this chapter or any other provision of state law shall be construed to waive the rights and protections of the State under the Eleventh Amendment of the United States Constitution, except where such waiver is explicitly stated by law and actions against the State for damages shall only be brought in the courts of the State in accordance with this chapter.   [PL 1977, c. 2, §2 (NEW).]
SECTION HISTORY
PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 743: WRONGFUL IMPRISONMENT (REPEALED) › 14 §8201. Wrongful imprisonment (REPEALED)

§8201. Wrongful imprisonment
(REPEALED)
SECTION HISTORY
PL 1985, c. 436, §§1,3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 743: WRONGFUL IMPRISONMENT (REPEALED) › 14 §8202. Limitation on damages (REPEALED)

§8202. Limitation on damages
(REPEALED)
SECTION HISTORY
PL 1985, c. 436, §§1,3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 743: WRONGFUL IMPRISONMENT (REPEALED) › 14 §8204. Limitation of action (REPEALED)

§8204. Limitation of action
(REPEALED)
SECTION HISTORY
PL 1985, c. 436, §§1,3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 747: WRONGFUL IMPRISONMENT › 14 §8241. Wrongful imprisonment

§8241. Wrongful imprisonment
1.  Exceptions to immunity.
Notwithstanding any immunity of the State from suit, including the Maine Tort Claims Act, chapter 741, the State is liable for the wrongful imprisonment of a person.
[PL 1993, c. 480, §1 (NEW).]
2.  Action.
The State is liable for damages for wrongful imprisonment of a person if that person alleges and proves the following by clear and convincing evidence:
A. That the person was convicted of a criminal offense under the laws of this State;   [PL 1993, c. 480, §1 (NEW).]
B. That as a result of that conviction, the person was sentenced to a period of incarceration and was actually incarcerated;   [PL 1993, c. 480, §1 (NEW).]
C. That subsequent to the conviction and as a condition precedent to suit, the person received a full and free pardon pursuant to the Constitution of Maine, Article V, Part First, Section 11, which is accompanied by a written finding by the Governor who grants the pardon that the person is innocent of the crime for which that person was convicted; and   [PL 1993, c. 480, §1 (NEW).]
D. That the court finds that the person is innocent of the crime for which the person was convicted.   [PL 1993, c. 480, §1 (NEW).]
[PL 1993, c. 480, §1 (NEW).]
3.  Scope of law.
For purposes of this chapter, a person is deemed to have committed a criminal offense notwithstanding a finding by a state or federal court that the law under which the person was convicted is violative of the Constitution of Maine or the United States Constitution.
[PL 1993, c. 480, §1 (NEW).]
4.  Governor's denial of request.
A Governor's failure to issue a written finding that the person is innocent of the crime for which the person was convicted is final and not subject to judicial view.
[PL 1993, c. 480, §1 (NEW).]
5.  Settlement.
After commencement of an action under subsection 2, the Attorney General may compromise or settle any claim under this chapter.
[PL 1993, c. 480, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 480, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 747: WRONGFUL IMPRISONMENT › 14 §8242. Limitation on damages

§8242. Limitation on damages
1.  Damages; limitation.
In any action for damages permitted by this chapter, the claim for and award of damages, including costs, against the State may not exceed $300,000 for all claims arising as a result of a single conviction.
[PL 1993, c. 480, §1 (NEW).]
2.  Costs.
Court costs, interest and all other costs that a court may assess are included within the damages limitation specified by this section.
[PL 1993, c. 480, §1 (NEW).]
3.  Exclusion from judgment or award.
A judgment or award against the State pursuant to this chapter may not include punitive or exemplary damages.
[PL 1993, c. 480, §1 (NEW).]
4.  Payable from General Fund.
Any judgment or award of damages permitted by this chapter must be paid from the General Fund.
[PL 1993, c. 480, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 480, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 747: WRONGFUL IMPRISONMENT › 14 §8243. Jurisdiction

§8243. Jurisdiction
The Superior Court has original jurisdiction over all claims permitted under this chapter.   [PL 1993, c. 480, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 480, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 747: WRONGFUL IMPRISONMENT › 14 §8244. Limitation of action

§8244. Limitation of action
Every claim for wrongful imprisonment permitted under this chapter is forever barred from the courts of this State unless an action is begun in the courts within 2 years after the date of the full and free pardon of the conviction on which the claim is based.   [PL 1993, c. 480, §1 (NEW); PL 1993, c. 480, §2 (AFF).]
SECTION HISTORY
PL 1993, c. 480, §1 (NEW). PL 1993, c. 480, §2 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 749: CIVIL RECOVERY FOR RETAIL THEFT › 14 §8301. Short title

§8301. Short title
This chapter may be known and cited as the "Maine Civil Recovery for Retail Theft Act."   [PL 1995, c. 288, §4 (NEW).]
SECTION HISTORY
PL 1995, c. 288, §4 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 749: CIVIL RECOVERY FOR RETAIL THEFT › 14 §8302. Civil recovery

§8302. Civil recovery
1.  Liability.
Any person who unlawfully takes or attempts to take merchandise from a merchant is liable to the merchant in accordance with provisions of this chapter.
[PL 1995, c. 288, §4 (NEW).]
2.  No limitation.
The provisions of this chapter may not be construed to prohibit or limit any other cause of action that a merchant may have against a person who unlawfully takes merchandise from the merchant.
[PL 1995, c. 288, §4 (NEW).]
3.  Civil recovery.
Any person who unlawfully takes or attempts to take merchandise from a merchant is civilly liable to the merchant in an amount consisting of:
A. Damages equal to the retail price of the merchandise if the item is not returned in a merchantable condition; and   [PL 1995, c. 288, §4 (NEW).]
B. A civil penalty equal to 3 times the retail price of the merchandise, but not less than $50 or more than $500.   [PL 1995, c. 288, §4 (NEW).]
[PL 1995, c. 288, §4 (NEW).]
4.  Written demand.
The fact that an action may be brought against an individual as provided in this chapter does not limit the right of a merchant to make a written demand that a person who is liable for damages and penalties under this chapter remit the damages and penalties prior to the commencement of any legal action.
A. If a person to whom demand is made complies with the demand, that person incurs no further civil liability for that specific act of retail theft.   [PL 1995, c. 288, §4 (NEW).]
B. Any demand under this section must be accompanied by a copy of this chapter.   [PL 1995, c. 288, §4 (NEW).]
[PL 1995, c. 288, §4 (NEW).]
5.  Criminal prosecution.
A criminal prosecution under Title 17‑A, chapter 15 is not a prerequisite to an action under this chapter and such a criminal prosecution does not bar civil action. An action under this chapter does not bar a criminal prosecution under Title 17‑A, chapter 15.
[PL 1995, c. 288, §4 (NEW).]
6.  Failure to prosecute.
If a merchant files suit to recover damages and penalties pursuant to this chapter, and the merchant fails to appear at a hearing in such proceedings without excuse from the court, the court shall dismiss the suit without prejudice and award costs to the defendant.
[PL 1995, c. 288, §4 (NEW).]
7.  Fraudulent prosecution.
Any person who knowingly uses provisions of this chapter to demand or extract money from a person who is not legally obligated to pay a penalty may be punished by a fine of not more than $1,000 or by imprisonment for not more than one year or by both.
[PL 1995, c. 288, §4 (NEW).]
SECTION HISTORY
PL 1995, c. 288, §4 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 750: CIVIL RECOVERY FOR NONCONSENSUAL REMOVAL OF OR TAMPERING WITH A CONDOM › 14 §8305. Civil recovery for nonconsensual removal of or tampering with a condom

§8305. Civil recovery for nonconsensual removal of or tampering with a condom
1.  Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Compensatory damages" includes, but is not limited to, past and future medical expenses, lost earnings, pain, suffering, mental anguish, emotional distress and loss of enjoyment of life.   [PL 2023, c. 298, §1 (NEW).]
B. "Sexual act" has the same meaning as in Title 17‑A, section 251, subsection 1, paragraph C.   [PL 2023, c. 298, §1 (NEW).]
C. "Tamper" means to alter or use an item in a way that renders the item ineffective.   [PL 2023, c. 298, §1 (NEW).]
[PL 2023, c. 298, §1 (NEW).]
2.  Civil action; relief.
A person who engages in a consensual sexual act with another person with the understanding that a condom would be used during the sexual act may bring a civil action against the other person for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief based on the nonconsensual removal of or tampering with a condom if the other person:
A. Knowingly removes or tampers with the condom;   [PL 2023, c. 298, §1 (NEW).]
B. Knowingly uses a damaged condom; or   [PL 2023, c. 298, §1 (NEW).]
C. Misrepresents the person's intentions to use a condom.   [PL 2023, c. 298, §1 (NEW).]
A prevailing plaintiff is entitled to an award of attorney's fees and costs.
[PL 2023, c. 298, §1 (NEW).]
3.  Previous consent.
Evidence of consent to engage in a previous sexual act without a condom does not by itself demonstrate consent for engaging in a subsequent sexual act without a condom.
[PL 2023, c. 298, §1 (NEW).]
4.  No limitation.
The provisions of this chapter may not be construed to prohibit or limit any other cause of action that a person may have against another person who performs an action described by subsection 2.
[PL 2023, c. 298, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 298, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8501. Short title (REPEALED)

§8501. Short title
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8502. Definitions (REPEALED)

§8502. Definitions
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8503. Applicability (REPEALED)

§8503. Applicability
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8504. Recognition and enforcement (REPEALED)

§8504. Recognition and enforcement
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8505. Grounds for nonrecognition (REPEALED)

§8505. Grounds for nonrecognition
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8506. Personal jurisdiction (REPEALED)

§8506. Personal jurisdiction
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8507. Stay in case of appeal (REPEALED)

§8507. Stay in case of appeal
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8508. Saving clause (REPEALED)

§8508. Saving clause
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 753: UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT › 14 §8509. Uniformity of interpretation (REPEALED)

§8509. Uniformity of interpretation
(REPEALED)
SECTION HISTORY
PL 1999, c. 285, §1 (NEW). PL 2021, c. 689, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 757: ACTIONS FOR BAD FAITH ASSERTION OF PATENT INFRINGEMENT › 14 §8702. Rules

§8702. Rules
The Attorney General shall adopt rules implementing this chapter. Evidence of a violation of a rule adopted by the Attorney General constitutes prima facie evidence of a bad faith assertion of patent infringement in any action brought under this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2013, c. 543, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 543, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8801. Short title

§8801. Short title
This chapter may be known and cited as "the Uniform Foreign-country Money Judgments Recognition Act."   [PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8802. Definitions

§8802. Definitions
As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2021, c. 689, §2 (NEW).]
1.  Foreign country.
"Foreign country" means a governmental unit other than:
A. The United States;   [PL 2021, c. 689, §2 (NEW).]
B. A state, district, commonwealth, territory or insular possession of the United States; or   [PL 2021, c. 689, §2 (NEW).]
C. Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government’s courts is initially subject to determination under the full faith and credit clause of the United States Constitution, Article IV, Section 1.   [PL 2021, c. 689, §2 (NEW).]
[PL 2021, c. 689, §2 (NEW).]
2.  Foreign-country judgment.
"Foreign-country judgment" means any judgment of a court of a foreign country.
[PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8803. Applicability

§8803. Applicability
1.  Sum of money; enforceable.
Except as otherwise provided in subsection 2, this Act applies to a foreign-country judgment to the extent that the judgment:
A. Grants or denies recovery of a sum of money; and   [PL 2021, c. 689, §2 (NEW).]
B. Is final, conclusive and enforceable under the law of the foreign country where it was rendered.   [PL 2021, c. 689, §2 (NEW).]
[PL 2021, c. 689, §2 (NEW).]
2.  Exclusions.
This Act does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
A. A judgment for taxes;   [PL 2021, c. 689, §2 (NEW).]
B. A fine or other penalty; or   [PL 2021, c. 689, §2 (NEW).]
C. A judgment for divorce, support or maintenance or other judgment rendered in connection with domestic relations.   [PL 2021, c. 689, §2 (NEW).]
[PL 2021, c. 689, §2 (NEW).]
3.  Establish applicability.
A party seeking recognition of a foreign-country judgment has the burden of establishing that this Act applies to the foreign-country judgment.
[PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8804. Standards for recognition of foreign-country judgment

§8804. Standards for recognition of foreign-country judgment
1.  Recognition if applicable.
Except as otherwise provided in subsections 2 and 3, a court of this State shall recognize a foreign-country judgment to which this Act applies.
[PL 2021, c. 689, §2 (NEW).]
2.  Not recognized.
A court of this State may not recognize a foreign-country judgment if:
A. The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;   [PL 2021, c. 689, §2 (NEW).]
B. The foreign court did not have personal jurisdiction over the defendant; or   [PL 2021, c. 689, §2 (NEW).]
C. The foreign court did not have jurisdiction over the subject matter.   [PL 2021, c. 689, §2 (NEW).]
[PL 2021, c. 689, §2 (NEW).]
3.  Discretion to not recognize.
A court of this State need not recognize a foreign-country judgment if:
A. The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;   [PL 2021, c. 689, §2 (NEW).]
B. The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;   [PL 2021, c. 689, §2 (NEW).]
C. The judgment or the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this State or the United States;   [PL 2021, c. 689, §2 (NEW).]
D. The judgment conflicts with another final and conclusive judgment;   [PL 2021, c. 689, §2 (NEW).]
E. The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;   [PL 2021, c. 689, §2 (NEW).]
F. In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;   [PL 2021, c. 689, §2 (NEW).]
G. The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or   [PL 2021, c. 689, §2 (NEW).]
H. The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.   [PL 2021, c. 689, §2 (NEW).]
[PL 2021, c. 689, §2 (NEW).]
4.  Establish nonrecognition grounds.
A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection 2 or 3 exists.
[PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8805. Personal jurisdiction

§8805. Personal jurisdiction
1.  Lack of personal jurisdiction.
A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
A. The defendant was served personally in the foreign country;   [PL 2021, c. 689, §2 (NEW).]
B. The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;   [PL 2021, c. 689, §2 (NEW).]
C. The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;   [PL 2021, c. 689, §2 (NEW).]
D. The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;   [PL 2021, c. 689, §2 (NEW).]
E. The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country; or   [PL 2021, c. 689, §2 (NEW).]
F. The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action or claim for relief arising out of that operation.   [PL 2021, c. 689, §2 (NEW).]
[PL 2021, c. 689, §2 (NEW).]
2.  Other bases of personal jurisdiction.
The list of bases for personal jurisdiction in subsection 1 is not exclusive. The courts of this State may recognize bases of jurisdiction other than those in subsection 1 as sufficient to support a foreign-country judgment.
[PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8806. Procedure for recognition of foreign-country judgment

§8806. Procedure for recognition of foreign-country judgment
1.  Original matter.
If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by commencing an action in compliance with the Maine Rules of Civil Procedure seeking recognition of the foreign-country judgment.
[PL 2021, c. 689, §2 (NEW).]
2.  In pending action.
If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense, filed and served in compliance with the Maine Rules of Civil Procedure.
[PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8807. Effect of recognition of foreign-country judgment

§8807. Effect of recognition of foreign-country judgment
If the court in a proceeding under section 8806 finds that the foreign-country judgment is entitled to recognition under this Act, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:   [PL 2021, c. 689, §2 (NEW).]
1.  Conclusive.
Conclusive between the parties to the same extent as the judgment of another state entitled to full faith and credit in this State would be conclusive; and
[PL 2021, c. 689, §2 (NEW).]
2.  Enforceable.
Enforceable in the same manner and to the same extent as a judgment rendered in this State.
[PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8808. Stay of proceeding pending appeal of foreign-country judgment

§8808. Stay of proceeding pending appeal of foreign-country judgment
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceeding with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and has failed to do so.   [PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8809. Statute of limitations

§8809. Statute of limitations
An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country and 15 years from the date that the foreign-country judgment became effective in the foreign country.   [PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8810. Uniformity of application and interpretation

§8810. Uniformity of application and interpretation
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8811. Saving clause

§8811. Saving clause
This Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this Act.   [PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8812. Effective date

§8812. Effective date
This Act takes effect January 1, 2023.   [PL 2021, c. 689, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 759: UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT › 14 §8813. Recognition of judgments under prior law

§8813. Recognition of judgments under prior law
An action taken between August 8, 2022 and January 1, 2023 to recognize a foreign judgment that would have been valid under former chapter 753 is valid. For purposes of this section, "foreign judgment" has the same meaning as in former section 8502, subsection 2.   [PL 2023, c. 405, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 405, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8901. Short title

§8901. Short title
This chapter may be known and cited as "the Uniform Registration of Canadian Money Judgments Act."   [PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8902. Definitions

§8902. Definitions
As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2021, c. 689, §3 (NEW).]
1.  Canada.
"Canada" means the sovereign nation of Canada and its provinces and territories. "Canadian" has a corresponding meaning.
[PL 2021, c. 689, §3 (NEW).]
2.  Canadian judgment.
"Canadian judgment" means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign country.
[PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8903. Applicability

§8903. Applicability
1.  Enforcement of judgment.
This Act applies to a Canadian judgment to the extent the judgment is within the scope of section 8803, if recognition of the judgment is sought to enforce the judgment.
[PL 2021, c. 689, §3 (NEW).]
2.  Judgment for recovery of sum and other relief.
A Canadian judgment that grants both recovery of a sum of money and other relief may be registered under this Act, but only to the extent of the grant of recovery of a sum of money.
[PL 2021, c. 689, §3 (NEW).]
3.  Subject matter of judgment.
A Canadian judgment regarding subject matter both within and not within the scope of this Act may be registered under this Act, but only to the extent the judgment is with regard to subject matter within the scope of this Act.
[PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8905. Effect of registration

§8905. Effect of registration
1.  Effect.
Subject to subsection 2, a Canadian judgment registered under section 8904 has the same effect as provided in chapter 759 for a judgment a court determines to be entitled to recognition.
[PL 2021, c. 689, §3 (NEW).]
2.  Enforcement limitations.
A Canadian judgment registered under section 8904 may not be enforced by sale or other disposition of property, or by seizure of property or trustee process, until 31 days after notice of registration is served under section 8906. The court for cause may provide for a shorter or longer time. This subsection does not preclude use of relief available under the law of this State other than this Act to prevent dissipation, disposition or removal of property.
[PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8906. Notice of registration

§8906. Notice of registration
1.  Notice served on person against whom judgment registered.
A person that registers a Canadian judgment under section 8904 shall cause notice of registration to be served, in the same manner that a summons and complaint must be served pursuant to the Maine Rules of Civil Procedure, on the person against whom the judgment has been registered.
[PL 2021, c. 689, §3 (NEW).]
2.  Notice contents.
Notice under this section must include:
A. The date of registration and court in which the judgment was registered;   [PL 2021, c. 689, §3 (NEW).]
B. The docket number assigned to the registration;   [PL 2021, c. 689, §3 (NEW).]
C. The name and address of:
(1) The person registering the judgment; and
(2) The person's attorney, if any;   [PL 2021, c. 689, §3 (NEW).]
D. A copy of the registration, including the documents required under section 8904, subsection 2; and   [PL 2021, c. 689, §3 (NEW).]
E. A statement that:
(1) The person against whom the judgment has been registered may, not later than 30 days after the date of service of notice, file a motion with the court to vacate the registration; and
(2) The court for cause may provide for a shorter or longer time.   [PL 2021, c. 689, §3 (NEW).]
[PL 2021, c. 689, §3 (NEW).]
3.  Proof of service.
Proof of service of notice under this section must be filed with the clerk of the court.
[PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8907. Motion to vacate registration

§8907. Motion to vacate registration
1.  Thirty days to vacate after notice.
Not later than 30 days after notice of registration is served under section 8906, the person against whom the judgment was registered may file a motion to vacate the registration. The court for cause may provide for a shorter or longer time for filing the motion.
[PL 2021, c. 689, §3 (NEW).]
2.  Contents of motion.
A motion under this section may assert only:
A. A ground that could be asserted to deny recognition of the judgment under chapter 759; or   [PL 2021, c. 689, §3 (NEW).]
B. A failure to comply with a requirement of this Act for registration of the judgment.   [PL 2021, c. 689, §3 (NEW).]
[PL 2021, c. 689, §3 (NEW).]
3.  Enforcement not stayed.
A motion filed under this section does not itself stay enforcement of the registered judgment.
[PL 2021, c. 689, §3 (NEW).]
4.  Registration vacated; enforcement act void.
If the court grants a motion under this section, the registration is vacated, and any act under the registration to enforce the registered judgment is void.
[PL 2021, c. 689, §3 (NEW).]
5.  Denial of recognition of judgment.
If the court grants a motion under this section on a ground under subsection 2, paragraph A, the court also shall render a judgment denying recognition of the Canadian judgment. A judgment rendered under this subsection has the same effect as a judgment denying recognition to a judgment on the same ground under chapter 759.
[PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8908. Stay of enforcement of judgment pending determination of motion to vacate registration

§8908. Stay of enforcement of judgment pending determination of motion to vacate registration
A person that files a motion under section 8907 to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the motion. The court shall grant the stay if the person establishes a likelihood of success on the merits with regard to a ground listed in section 8907, subsection 2 for vacating a registration. The court may require the person to provide security in an amount determined by the court as a condition of granting the stay.   [PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8909. Relationship to Uniform Foreign-country Money Judgments Recognition Act

§8909. Relationship to Uniform Foreign-country Money Judgments Recognition Act
1.  Application of chapter 759 to this Act.
This Act supplements the Uniform Foreign-country Money Judgments Recognition Act and that Act, other than section 8806, applies to a registration under this Act.
[PL 2021, c. 689, §3 (NEW).]
2.  Options for recognition of Canadian judgment.
A person may seek recognition of a Canadian judgment described in section 8903 either:
A. By registration under this Act; or   [PL 2021, c. 689, §3 (NEW).]
B. Under section 8806.   [PL 2021, c. 689, §3 (NEW).]
[PL 2021, c. 689, §3 (NEW).]
3.  Recognition under both Acts prohibited.
Subject to subsection 4, a person may not seek recognition in this State of the same judgment or part of a judgment described in section 8903, subsection 2 or 3 with regard to the same person under both this Act and the Uniform Foreign-country Money Judgments Recognition Act.
[PL 2021, c. 689, §3 (NEW).]
4.  Vacated registration.
If the court grants a motion to vacate a registration solely on a ground under section 8907, subsection 2, paragraph B, the person seeking registration may:
A. If the defect in the registration can be cured, file a new registration under this Act; or   [PL 2021, c. 689, §3 (NEW).]
B. Seek recognition of the judgment under the Uniform Foreign-country Money Judgments Recognition Act.   [PL 2021, c. 689, §3 (NEW).]
[PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8910. Uniformity of application and interpretation

§8910. Uniformity of application and interpretation
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8911. Transitional provision

§8911. Transitional provision
This Act applies to the registration of a Canadian judgment entered in a proceeding that is commenced in Canada on, before or after January 1, 2023.   [PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8912. Effective date

§8912. Effective date
This Act takes effect January 1, 2023.   [PL 2021, c. 689, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 689, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 761: UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT › 14 §8913. Recognition of judgments under prior law

§8913. Recognition of judgments under prior law
An action taken between August 8, 2022 and January 1, 2023 to recognize a foreign judgment that would have been valid under former chapter 753 is valid. For purposes of this section, "foreign judgment" has the same meaning as in former section 8502, subsection 2.   [PL 2023, c. 405, Pt. B, §2 (NEW).]
SECTION HISTORY
PL 2023, c. 405, Pt. B, §2 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 1: JURISDICTION AND VENUE › 15 §1. Superior Court; criminal jurisdiction

§1. Superior Court; criminal jurisdiction
1.  Jurisdiction.
The Superior Court has original jurisdiction, exclusive or concurrent, of all crimes.
[PL 1999, c. 731, Pt. ZZZ, §9 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
2.  Appellate and review jurisdiction.
[PL 2015, c. 431, §3 (RP).]
3.  Location of post-arraignment proceedings.
The Supreme Judicial Court may by rule provide that, with the consent of the defendant, post-arraignment proceedings in criminal cases may be conducted at locations other than those provided by statute. The Supreme Judicial Court may by rule provide that, without the consent of the defendant, post-arraignment proceedings in criminal cases may be conducted at locations other than those provided by statute, provided that the location is in an adjoining county and that it is in the vicinity of where the offense was committed.
[PL 1999, c. 731, Pt. ZZZ, §9 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
4.  No jurisdiction, powers, duties or authority of Law Court.
The Superior Court does not have and may not exercise the jurisdiction, powers, duties or authority of the Supreme Judicial Court sitting as the Law Court.
[PL 1999, c. 731, Pt. ZZZ, §9 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
SECTION HISTORY
PL 1975, c. 337, §3 (AMD). PL 1979, c. 127, §114 (AMD). PL 1985, c. 179 (AMD). PL 1999, c. 731, §ZZZ9 (RPR). PL 1999, c. 731, §ZZZ42 (AFF). PL 2005, c. 64, §1 (AMD). PL 2015, c. 100, §1 (AMD). PL 2015, c. 431, §3 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 1: JURISDICTION AND VENUE › 15 §2. Death and injury separated by state line (REPEALED)

§2. Death and injury separated by state line
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 1: JURISDICTION AND VENUE › 15 §3. Offenses near county line or in 2 counties

§3. Offenses near county line or in 2 counties
When an offense is committed on the boundary between 2 counties or within 100 rods thereof; or a mortal wound or other violence or injury is inflicted or poison is administered in one county, whereby death ensues in another, the offense may be alleged in the complaint or indictment as committed, and may be tried in either.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 1: JURISDICTION AND VENUE › 15 §4. County lines terminating at or near tidewaters; course

§4. County lines terminating at or near tidewaters; course
The lines of the several counties of the State which terminate at or in tidewaters shall run by the principal channel in such directions as to include, within the counties to which they belong, the several islands in said waters, and after so including such islands shall run in the shortest and most direct line to the extreme limit of the waters under the jurisdiction of this State, and all waters between such lines off the shores of the respective counties shall be a part of, and held to be within, such counties, respectively.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 1: JURISDICTION AND VENUE › 15 §5. Warrants for offenses at or near tidewaters; authority of officers

§5. Warrants for offenses at or near tidewaters; authority of officers
Any official authorized to issue warrants within any county may issue warrants for offenses committed in or upon the waters so made a part of such county or the waters of any adjoining county. Said warrant shall be returnable in the county where issued and the courts in such county shall have jurisdiction of the offense. Officers have the same authority upon all such waters as they have upon land within the county where the warrant is issued.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 1: JURISDICTION AND VENUE › 15 §6. Acquittal in part; conviction in part

§6. Acquittal in part; conviction in part
When a person, indicted for an offense, is acquitted of a part by verdict of the jury and found guilty of the residue thereof, such verdict may be received and recorded by the court. He may be considered as convicted of the offense, if any, which is substantially charged by such residue, and be punished accordingly, although such offense would not otherwise be within the jurisdiction of said court.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 1: CRIMINAL PROCEDURE GENERALLY › Chapter 1: JURISDICTION AND VENUE › 15 §7. Removal of persons charged with crime in 2 counties

§7. Removal of persons charged with crime in 2 counties
When a person is imprisoned or held under arrest in one county, a judge of the District Court or any Justice of the Superior Court, whichever court has jurisdiction over the matter to be heard, may order his removal into another county, when complaint has been made and warrant issued or an indictment has been found, charging the person so arrested or imprisoned with the commission of a crime in such other county, for examination or trial under said complaint or indictment; but, before issuing such order, he shall be satisfied that the administration of speedy and impartial justice requires it.   [PL 1977, c. 49 (AMD).]
SECTION HISTORY
PL 1977, c. 49 (AMD).