reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 607: MANDAMUS (REPEALED) › 14 §5452. Return and answer; judgment and peremptory writ; costs; false return (REPEALED)

§5452. Return and answer; judgment and peremptory writ; costs; false return
(REPEALED)
SECTION HISTORY
PL 1967, c. 441, §7 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 607: MANDAMUS (REPEALED) › 14 §5453. Citation of 3rd person to show cause (REPEALED)

§5453. Citation of 3rd person to show cause
(REPEALED)
SECTION HISTORY
PL 1967, c. 441, §7 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 607: MANDAMUS (REPEALED) › 14 §5454. No abatement on death, resignation or removal (REPEALED)

§5454. No abatement on death, resignation or removal
(REPEALED)
SECTION HISTORY
PL 1967, c. 441, §7 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5501. Right to writ

§5501. Right to writ
Every person unlawfully deprived of his personal liberty by the act of another, except in the cases mentioned, shall of right have a writ of habeas corpus according to the provisions herein contained.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5502. Post-conviction habeas corpus (REPEALED)

§5502. Post-conviction habeas corpus
(REPEALED)
SECTION HISTORY
PL 1979, c. 701, §2 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5503. Jurisdiction; commencement of proceedings; petition; amendments (REPEALED)

§5503. Jurisdiction; commencement of proceedings; petition; amendments
(REPEALED)
SECTION HISTORY
PL 1979, c. 701, §2 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5505. Further pleadings and procedure (REPEALED)

§5505. Further pleadings and procedure
(REPEALED)
SECTION HISTORY
PL 1969, c. 545 (AMD). PL 1971, c. 342, §1 (AMD). PL 1979, c. 701, §2 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5506. Counsel for indigent petitioners (REPEALED)

§5506. Counsel for indigent petitioners
(REPEALED)
SECTION HISTORY
PL 1979, c. 701, §2 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5507. Waiver of grounds not claimed; effect of prior petition of coram nobis or error (REPEALED)

§5507. Waiver of grounds not claimed; effect of prior petition of coram nobis or error
(REPEALED)
SECTION HISTORY
PL 1979, c. 701, §2 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5508. Review of final judgment; release pending appeal (REPEALED)

§5508. Review of final judgment; release pending appeal
(REPEALED)
SECTION HISTORY
PL 1969, c. 261 (AMD). PL 1971, c. 342, §2 (AMD). PL 1979, c. 701, §2 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5509. Minors in armed forces entitled to writ

§5509. Minors in armed forces entitled to writ
A minor enlisted within the State into the Army or Navy of the United States without the written consent of his parent or guardian shall have all the benefits of this chapter on the application of himself, parent or guardian.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5510. Parent or guardian of minor may have writ

§5510. Parent or guardian of minor may have writ
The parent or guardian of any minor imprisoned or restrained of his liberty shall be entitled to the writ of habeas corpus for him, if he would be entitled to it on his own application.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5511. Application for writ on behalf of another

§5511. Application for writ on behalf of another
The Supreme Judicial Court or the Superior Court or any justice of either of said courts, on application of any person, may issue the writ of habeas corpus to bring before them any party alleged to be imprisoned or restrained of his liberty but not convicted and sentenced, who would be entitled to it on his own application, when from any cause he is incapable of making it.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5512. Writ not available

§5512. Writ not available
The following persons shall not of right have such writ:
1.  Persons committed to jail for certain offenses.
Persons committed to or confined in prison or jail on suspicion of treason, felony or accessories before the fact to a felony, when the same is plainly and specifically expressed in the warrant of commitment;
2.  Persons committed on civil process.
Persons committed in execution of civil legal process or on mesne process on any civil action on which they are liable to be arrested or imprisoned.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5513. Application

§5513. Application
Application for such writ by any person shall be made to any Justice of the Supreme Judicial Court or Superior Court, regardless whether or not the Supreme Judicial Court or Superior Court is in session. It shall be made returnable before such justice to whom application is made. If the writ is denied and an appeal taken to the law court, the person restrained may be admitted to bail within the discretion of the justice rendering judgment thereon, pending such appeal.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5514. Where writ returnable; entry of judgment

§5514. Where writ returnable; entry of judgment
When awarded by a Justice of the Supreme Judicial Court or of the Superior Court, such writ may issue, under his hand and seal or upon his order from any clerk's office in vacation as if issued by the court, and run throughout the State, and may be returnable before the court or before himself or any other justice thereof, and shall be entered upon the docket of the court in the county where returnable, and the judgment shall there be recorded by the clerk.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5515. Application; denial of writ

§5515. Application; denial of writ
The application shall be in writing, signed and sworn to by the person making it, stating the place where and the person by whom the restraint is made. The applicant shall produce to the court or justice a copy of the precept by which the person is so restrained, attested by the officer holding it. If, on inspection, it appears to the court or justice that such person is thereby lawfully imprisoned or restrained of his liberty, a writ shall not be granted, unless from examination of the whole case, the court or justice is of opinion that it ought to issue.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5516. Excessive bail

§5516. Excessive bail
If it appears that he is imprisoned on mesne process for want of bail and the court or justice thinks that excessive bail is demanded, reasonable bail shall be fixed, and on giving it to the plaintiff, he shall be discharged.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5517. Refusal of copy of precept; writ granted

§5517. Refusal of copy of precept; writ granted
If the prison keeper or other officer having the custody of such person refuses or unreasonably delays to deliver to the applicant an attested copy of the precept by which he restrains him on demand therefor, the court or justice, on proof of such demand and refusal, shall forthwith issue the writ as prayed for.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5518. Form of writ

§5518. Form of writ
When such writ is issued on an application in behalf of any person described in section 5512, it shall be substantially as follows:
"STATE OF MAINE.
"C...., ss.
To A. B., of ....;
(L.S.)
Greeting.
"We command you, that you have the body of C. D., in our prison, at ...., under your custody," (or by you imprisoned and restrained of his liberty, as the case may be,) "as it is said, together with the day and cause of his taking and detaining, by whatever name he is called or charged, before our Supreme Judicial" (or Superior) "Court, held at ...., within and for the County of ...., immediately after the receipt of this writ, to do and receive what our said court shall then and there consider concerning him in this behalf, and have you there this writ.
"Witness ........., Esquire, our ...., at ...., this.... day of ...., in the year 19...
.... ...., Clerk."
The like form shall be used by any justice of said court, changing what should be changed, when such writ is awarded by him.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5519. Time of service, return and tender of fees

§5519. Time of service, return and tender of fees
When such writ is offered to the officer to whom it is directed, he shall receive it. On payment or tender of such sum as the court or justice thereof directs, he shall make due return thereof within 3 days if the place of return is within 20 miles of the place of imprisonment; if over 20 and less than 100 miles, within 7 days; and if more than 100 miles, within 14 days. If such writ was issued against such officer, on his refusal or neglect to deliver, on demand, to the applicant a copy of the precept by which he restrained the person of his liberty, in whose behalf application was made, then the officer shall obey the writ without payment or tender of expenses.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5520. Production of body of restrained person; sickness

§5520. Production of body of restrained person; sickness
The person making the return shall, at the same time, bring the body of the party, as commanded in the writ, if in his custody or power or under his restraint, unless prevented by sickness or infirmity of such party. In such case that fact shall be stated in the return. If proved to the satisfaction of the court or justice, a justice of the court may proceed to the place where the party is confined and there make his examination or may adjourn it to another time or make such other order in the case as law and justice require.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5521. Examination of causes of restraint

§5521. Examination of causes of restraint
On return of the writ, the court or justice, without delay, shall proceed to examine the causes of imprisonment or restraint, and may adjourn such examination from time to time.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5522. Notice to interested persons before discharge

§5522. Notice to interested persons before discharge
When it appears that the party is detained on any process under which any other person has an interest in continuing such imprisonment or restraint, the party shall not be discharged until notice has been given to such other person or his attorney, if within the State or within 30 miles of the place of examination, to appear and object, if he sees cause. If imprisoned on any criminal accusation, he shall not be discharged until sufficient notice has been given to the Attorney General or other attorney for the State that he may appear and object, if he thinks fit.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5523. Proceedings in court

§5523. Proceedings in court
The party imprisoned or restrained may deny allegations of fact in the return or statement and may allege other material facts. The court or justice may, in a summary way, examine the cause of imprisonment or restraint, hear evidence produced on either side, and if no legal cause is shown for such imprisonment or restraint, the court or justice shall discharge him, except as provided in section 5516.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5524. Detention for bailable offense; admission to bail (REPEALED)

§5524. Detention for bailable offense; admission to bail
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A54 (AMD). PL 1987, c. 736, §15 (AMD). PL 1987, c. 758, §5 (RP). PL 1989, c. 502, §A39 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5525. Form of writ if restraint not by officer

§5525. Form of writ if restraint not by officer
In cases of imprisonment or restraint of personal liberty by any person not a sheriff, deputy sheriff, constable, jailer or marshal, deputy marshal or other officer of the courts of the United States, the writ shall be in the following form, viz:
"STATE OF MAINE.
[L.S.] "To the sheriffs of our several counties and their respective deputies,
Greeting.
"We command you, that you take the body of C.D., of ...., imprisoned and restrained of his liberty, as it is said, by A.B., of ...., and have him before our Supreme Judicial" (or Superior) "Court, held at ...., within and for our County of ...., immediately after receipt of this writ, to do and receive what our court shall then and there consider concerning him in this behalf; and summon the said A.B. then and there to appear before our said court, to show cause for taking and detaining said C.D., and have you there this writ with your doings thereon.
"Witness, .... ...., Esquire, our ...., at ...., this ... day of ...., in the year 19.... ...., Clerk."
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5526. Issuance and service of writ

§5526. Issuance and service of writ
The writ described in section 5525 may be issued by the Supreme Judicial Court or Superior Court sitting in any county in which the person in whose behalf application is made is restrained or by any justice thereof, the form to be varied so far as necessary when issued by a justice of the court, and may be served in any county in the State.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5527. Designation of unknown person; restraining person

§5527. Designation of unknown person; restraining person
The person having custody of the prisoner may be designated by the name of his office, if he has any, or by his own name; or if both are unknown or uncertain, he may be described by an assumed name. Anyone served with the writ shall be deemed the person thereby intended.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5529. Form of return

§5529. Form of return
In cases under section 5518, the person who makes the return, and in cases under section 5525, the person in whose custody the prisoner is found, shall state in writing to the court or justice before whom the process is returned, plainly and unequivocally:
1.  Whether party in custody.
Whether he has or has not the party in his custody or power, or under restraint;
2.  If so, authority and cause.
If he has, he shall state, at large, the authority and true and whole cause of such imprisonment or restraint upon which the party is detained; and,
3.  If transferred to another.
If he has had the party in his custody or power or under his restraint and has transferred him to another, he shall state particularly to whom, at what time, for what cause and by what authority such transfer was made.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5532. Neglect of officer to deliver copy of precept

§5532. Neglect of officer to deliver copy of precept
An officer forfeits $200 to a prisoner if the officer refuses or neglects, within the time period provided in subsection 1 or 2, to deliver a true and attested copy of the warrant or process by which the officer detains a prisoner to any person who demands it and tenders the fee for the copy.   [PL 1987, c. 639 (RPR).]
1.  Sentenced prisoners.
In the case of sentenced prisoners, the copy of the warrant or process must be delivered within 3 business days of the demand. As used in this subsection, "business day" has the same meaning as found in Title 21‑A, section 1, subsection 4.
[PL 1987, c. 639 (NEW).]
2.  Other prisoners.
In the case of any prisoner other than a sentenced prisoner, the copy of the warrant or process, which need not be a true and attested copy, must be delivered within 4 hours of the demand.
[PL 1991, c. 402, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 639 (RPR). PL 1991, c. 402, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5533. Failure to serve writ; contempt

§5533. Failure to serve writ; contempt
If any person or officer to whom such writ is directed refuses to receive it or neglects to obey and execute it as required, and no sufficient cause is shown therefor, he forfeits to the aggrieved party $400. The court or justice before whom the writ was returnable shall proceed forthwith by attachment as for a contempt, to compel obedience to the writ and to punish for the contempt.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5534. Attachment against sheriff; service

§5534. Attachment against sheriff; service
If such attachment is issued against a sheriff or his deputy, it may be directed to any person therein designated, who shall thereby have power to execute it, and the sheriff or his deputy may be committed to jail on such process in any county but his own.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5535. Refusal to obey writ

§5535. Refusal to obey writ
If the person to whom the writ is directed refuses to obey and execute it, the court or justice may issue a precept to any officer or other person therein named, commanding him to bring the person for whose benefit the writ was issued before such court or justice. The prisoner shall thereupon be discharged, bailed or remanded as if brought in on habeas corpus.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5536. No rearrest after discharge

§5536. No rearrest after discharge
No person discharged by post-conviction review, except as provided in Title 15, chapter 305-A, shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof or committed for want of bail; or unless, after a discharge for defect of proof or some material defect in the commitment in a criminal case, he is arrested on sufficient proof and committed by legal process for the same offense.   [PL 1981, c. 470, Pt. A, §32 (AMD).]
SECTION HISTORY
PL 1981, c. 470, §A32 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5537. Transfer of prisoner with intent to elude service; penalty

§5537. Transfer of prisoner with intent to elude service; penalty
A person ordered to be committed to prison on a criminal charge shall be carried to such prison as soon as may be and shall not be delivered from one officer to another except for easy and speedy conveyance; nor removed without his consent from one county to another unless by habeas corpus. If anyone having in his custody or under his power a person entitled to a writ of habeas corpus, whether issued or not, transfers him to the custody of another or changes his place of confinement with intent to elude the service of such writ, he forfeits $400 to the party aggrieved.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5539. Third person may appear by stipulating for costs

§5539. Third person may appear by stipulating for costs
When a person is unlawfully carried out of the State or is imprisoned in a secret place, any other person may appear for him in an action therefor in his name, who shall stipulate for the payment of costs as the court orders.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5541. Bail commissioners appointed by the court (REPEALED)

§5541. Bail commissioners appointed by the court
(REPEALED)
SECTION HISTORY
PL 1979, c. 257, §1 (RPR). PL 1981, c. 456, §A55 (AMD). PL 1983, c. 688, §8 (AMD). PL 1987, c. 162 (RPR). PL 1987, c. 758, §7 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5542. Bail for persons committed for not finding sureties (REPEALED)

§5542. Bail for persons committed for not finding sureties
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §§15,16 (AMD). PL 1973, c. 228 (AMD). PL 1975, c. 205 (AMD). PL 1985, c. 35 (AMD). PL 1987, c. 758, §8 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5543. Surety bonds authorized in criminal cases

§5543. Surety bonds authorized in criminal cases
In any criminal proceeding or mesne process or other process where a bail bond recognizance or personal sureties or other obligation is required, or whenever any person is arrested and is required or permitted to recognize with sureties for his appearance in court, the court official or other authority authorized by law to accept and approve the same shall accept and approve in lieu thereof, when offered, a good and sufficient surety bond duly executed by a surety company authorized to do business in this State.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5544. Admission to bail before commitment; on Lord's Day (REPEALED)

§5544. Admission to bail before commitment; on Lord's Day
(REPEALED)
SECTION HISTORY
PL 1971, c. 291 (AMD). PL 1973, c. 788, §60 (AMD). PL 1977, c. 510, §2 (AMD). PL 1979, c. 663, §81 (AMD). PL 1987, c. 758, §9 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5545. Habeas corpus for prisoner as witness

§5545. Habeas corpus for prisoner as witness
A court may issue a writ of habeas corpus, when necessary, to bring before it a prisoner for trial in a cause pending in such court, or to testify as a witness when his personal attendance is deemed necessary for the attainment of justice.
Whenever, under this section or under any other section in this chapter, a court issues a writ of habeas corpus ordering before it a prisoner confined in any penal or correctional institution under the control of the Department of Corrections, or confined in any county jail, its order as to the transportation of the prisoner to and from the court must be directed to the sheriff of the county in which the court is located. It is the responsibility of the sheriff or any one or more of the sheriff's authorized deputies pursuant to any such order to safely transport a prisoner to and from the court and to provide safe and secure custody of the prisoner during the proceedings, as directed by the court. At the time of removal of a prisoner from an institution, the transporting officer shall leave with the head of the institution an attested copy of the order of the court, and upon return of the prisoner shall note that return on the copy.   [PL 2015, c. 335, §5 (AMD).]
Any prisoner who escapes from custody of the sheriff or any of his deputies or any other law enforcement officer following removal for appearance in court, from a penal or correctional institution or from a county jail, and prior to return thereto, shall be chargeable with escape from the penal or correctional institution or county jail from which he was removed, and shall be punished in accordance with Title 17-A, section 755.   [PL 1975, c. 740, §1-A (RPR).]
SECTION HISTORY
PL 1969, c. 71 (AMD). PL 1971, c. 224 (AMD). PL 1975, c. 740, §1-A (AMD). PL 1989, c. 722, §4 (AMD). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1999, c. 583, §1 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 653, Pt. A, §4 (AMD). PL 2015, c. 335, §5 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5546. Habeas corpus for mentally ill person

§5546. Habeas corpus for mentally ill person
When a mentally ill person is arrested or imprisoned on mesne process or execution in a civil action, a Justice of the Supreme Judicial Court or of the Superior Court or the judge of probate within his county, on application, may inquire into the case; issue a writ of habeas corpus; cause such person to be brought before him for examination; and after notice to the creditor or his attorney, if either is living in the State, and a hearing, if it is proved to the satisfaction of said justice or judge that the person is mentally ill, he may discharge him from arrest or imprisonment; and the creditor may make a new arrest on the same demand when the debtor becomes of sound mind. If he is arrested on the same demand a 2nd time before he becomes of sound mind and is again discharged for that reason, he is forever after exempt from arrest for the same cause.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 609: HABEAS CORPUS › 14 §5547. Orders to ensure the integrity of the judicial process (REPEALED)

§5547. Orders to ensure the integrity of the judicial process
(REPEALED)
SECTION HISTORY
PL 1987, c. 300 (NEW). PL 1987, c. 758, §10 (RP). MRSA T. 14 §5547 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6-A: CIVIL VIOLATION PROCEEDINGS › Chapter 621: GENERAL PROVISIONS › 14 §5601. Statute of limitations

§5601. Statute of limitations
1.  Three-year period of limitation.
A proceeding against a person for a Title 29-A traffic infraction or a Title 12 civil violation related to marine resources laws and inland fisheries and wildlife laws must be commenced within 3 years after the traffic infraction or civil violation is committed. The burden is on the defendant to prove by a preponderance of the evidence that a proceeding against a person for the traffic infraction or civil violation was commenced after the expiration of the 3-year period of limitation.
[PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
2.  Limitations on period of limitation.
The period of limitation may not run:
A. During any time when the defendant is absent from the State, but in no event may this paragraph extend the period of limitation by more than 5 years; or   [PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
B. During any time when a traffic infraction or civil violation proceeding against the defendant for the same traffic infraction or civil violation based on the same conduct is pending in this State.   [PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
[PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
3.  Definitions.
For purposes of this section:
A. A civil violation is committed when every definitional component of the civil violation has occurred or, if the civil violation consists of a continuing course of conduct, at the time when the course of conduct or the defendant's complicity in the course of conduct is terminated; and   [PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
B. A civil violation proceeding is commenced whenever a complaint or citation is filed.   [PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
[PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 2001, c. 421, §A1 (NEW). PL 2001, c. 421, §C1 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6-A: CIVIL VIOLATION PROCEEDINGS › Chapter 621: GENERAL PROVISIONS › 14 §5602. Restitution

§5602. Restitution
The court may order a person adjudicated as having committed a civil violation to pay restitution as part of the judgment. Title 17-A, chapter 69 applies to the determination, ordering, payment and enforcement of an order of restitution.   [PL 2019, c. 113, Pt. C, §28 (AMD).]
SECTION HISTORY
PL 2001, c. 421, §A1 (NEW). PL 2001, c. 421, §C1 (AFF). PL 2019, c. 113, Pt. C, §28 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6-A: CIVIL VIOLATION PROCEEDINGS › Chapter 621: GENERAL PROVISIONS › 14 §5604. Monetary sanctions

§5604. Monetary sanctions
1.  Designation.
A monetary sanction authorized by law and imposed by the court for a civil violation may be designated a "fine," "penalty," "forfeiture," "surcharge" or "assessment" or may be designated by another similar term.
[PL 2003, c. 452, Pt. X, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Civil violation.
Use of the terminology under subsection 1 in describing a monetary sanction for a civil violation does not limit or prohibit the application of Title 17-A, section 4-B, subsection 3.
[PL 2003, c. 452, Pt. X, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §X1 (NEW). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6-A: CIVIL VIOLATION PROCEEDINGS › Chapter 621: GENERAL PROVISIONS › 14 §5605. Community service work for a person who violates a municipal ordinance

§5605. Community service work for a person who violates a municipal ordinance
1.  Community service work.
The court may order a person adjudicated as having violated a municipal ordinance to perform a specific number of hours of community service work for the benefit of the State, a county, a municipality, a school administrative district or other public entity, a charitable institution or other entity approved by the court if the municipality whose ordinance is violated has a community service work program that provides oversight of the community service order and ensures meaningful compliance with the community service requirements.
[PL 2013, c. 114, §1 (NEW).]
2.  Failure to perform work.
An adjudicated person who is ordered to perform community service work pursuant to subsection 1 and who fails to complete the work within the time specified by the court must be returned to the court for further disposition.
[PL 2013, c. 114, §1 (NEW).]
3.  Supervision.
Neither the judicial branch nor the Department of Corrections is responsible for supervision of community service work pursuant to this section.
[PL 2013, c. 114, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 114, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 701: ACTIONS BY OR AGAINST BANKRUPTS AND INSOLVENTS › 14 §5801. When action maintainable

§5801. When action maintainable
A person who has been declared a bankrupt or an insolvent may maintain an action respecting his former property in his own name, unless objection is made, if before final judgment the assent of his trustee or assignee is filed in the office of the clerk of the court in which the action is pending.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 701: ACTIONS BY OR AGAINST BANKRUPTS AND INSOLVENTS › 14 §5802. Attachments 4 months preceding

§5802. Attachments 4 months preceding
Actions in which an actual attachment of property was made 4 months prior to the filing of a petition in bankruptcy or insolvency by any defendant therein shall be disposed of under the ordinary rules of proceedings in court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 701: ACTIONS BY OR AGAINST BANKRUPTS AND INSOLVENTS › 14 §5803. Recovery of provable debts

§5803. Recovery of provable debts
All other actions for recovery of a debt provable in bankruptcy or insolvency, when it appears that any defendant therein has filed his petition in bankruptcy or insolvency or has been adjudged a bankrupt or an insolvent, on petition of his creditors before or after the commencement of the action, shall be continued until the bankrupt or insolvent proceedings are closed unless the plaintiff strikes such defendant's name from the action, which he may do without costs; but when such defendant does not use diligence in the prosecution of his bankrupt or insolvent proceedings, after 30 days' notice to him in writing from the plaintiff, the court may refuse further delay.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 701: ACTIONS BY OR AGAINST BANKRUPTS AND INSOLVENTS › 14 §5804. Plea of discharge in bankruptcy

§5804. Plea of discharge in bankruptcy
A discharge in bankruptcy may be pleaded by a simple averment that on the day of its date such discharge was granted to the bankrupt and a certificate of such discharge under seal of the court granting the same shall be conclusive evidence in favor of such bankrupt of the fact and regularity of such discharge.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5851. Widow may sue for dower (REPEALED)

§5851. Widow may sue for dower
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5852. Demand and time of bringing action (REPEALED)

§5852. Demand and time of bringing action
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5853. Demand on corporation (REPEALED)

§5853. Demand on corporation
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5854. Plea of nontenure (REPEALED)

§5854. Plea of nontenure
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5855. Damages for detaining dower (REPEALED)

§5855. Damages for detaining dower
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5856. Action against tenant of freehold; prior tenant liable (REPEALED)

§5856. Action against tenant of freehold; prior tenant liable
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5858. Writ of seizin and proceedings in setting off dower (REPEALED)

§5858. Writ of seizin and proceedings in setting off dower
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5859. Assignments of rents and profits (REPEALED)

§5859. Assignments of rents and profits
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5860. Apportionment of costs (REPEALED)

§5860. Apportionment of costs
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 703: ACTIONS FOR DOWER (REPEALED) › 14 §5862. Dower anew after eviction (REPEALED)

§5862. Dower anew after eviction
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §21 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 705: COUNTERCLAIMS › 14 §5901. Unpaid taxes

§5901. Unpaid taxes
A city or town in an action by a delinquent taxpayer may assert a counterclaim for any unpaid taxes against any properly authorized payment to which the taxpayer is entitled, provided prior to trial the amount shall have been paid to the tax collector and a receipt in writing shall have been given to the person taxed, as prescribed in Title 36, section 905.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 705: COUNTERCLAIMS › 14 §5902. Demands due from deceased persons

§5902. Demands due from deceased persons
Demands against a person belonging to a defendant at the time of death of such person may be asserted by counterclaim against claims prosecuted by his personal representative. If a balance is found due to the defendant, judgment shall be in like form and of like effect as if he had commenced an action therefor.   [PL 1979, c. 540, §22 (AMD).]
SECTION HISTORY
PL 1979, c. 540, §22 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 705: COUNTERCLAIMS › 14 §5903. Persons in representative capacities

§5903. Persons in representative capacities
In actions against executors, administrators, trustees or others in a representative capacity, they may assert by counterclaim such demands as those whom they represent might have so asserted in actions against them; but no demands due to or from them in their own right can be asserted by counterclaim in such actions.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 705: COUNTERCLAIMS › 14 §5904. Actions by insolvent estates

§5904. Actions by insolvent estates
In joint or several actions by the executor or administrator of an estate represented insolvent against 2 or more persons having joint or several demands against such estate, the demands may be asserted by counterclaim by either of the defendants. If, on trial, a balance is found due to the defendants jointly or to either of them, judgment shall be entered for such balance as the jury finds or the court orders, and it shall be treated and disposed of as other judgments against insolvent estates.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5927. Validity of arbitration agreement

§5927. Validity of arbitration agreement
A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This chapter also applies to arbitration agreements between employers and employees or between their respective representatives, unless otherwise provided in the agreement.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5928. Proceedings to compel or stay arbitration

§5928. Proceedings to compel or stay arbitration
1.  Application.
On application of a party showing an agreement described in section 5927 and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied.
[PL 1967, c. 430 (NEW).]
2.  Stay of proceedings.
On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
[PL 1967, c. 430 (NEW).]
3.  Arbitration where action pending.
If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection 1, the application must be made therein. Otherwise and subject to section 5944, the application may be made in the Superior Court or the District Court.
[PL 2011, c. 80, §4 (AMD).]
4.  Stay of action where arbitration ordered.
Any action or proceeding involving an issue subject to arbitration shall be stayed, if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
[PL 1967, c. 430 (NEW).]
5.  Order for arbitration not to be refused.
An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
[PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW). PL 2011, c. 80, §4 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5929. Appointment of arbitrators by court

§5929. Appointment of arbitrators by court
If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5930. Majority action by arbitrators

§5930. Majority action by arbitrators
The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5931. Hearing

§5931. Hearing
Unless otherwise provided by the agreement:   [PL 1967, c. 430 (NEW).]
1.  Notice of hearing.
The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than 5 days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
[PL 1967, c. 430 (NEW).]
2.  Evidence.
The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
[PL 1967, c. 430 (NEW).]
3.  Decision.
The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
[PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5932. Representation by attorney

§5932. Representation by attorney
A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5933. Witnesses, subpoenas, depositions

§5933. Witnesses, subpoenas, depositions
1.  Witnesses before arbitrators.
The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.
[PL 1967, c. 430 (NEW).]
2.  Depositions.
On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
[PL 1967, c. 430 (NEW).]
3.  Compelling attendance.
All provisions of law compelling a person under subpoena to testify are applicable.
[PL 1967, c. 430 (NEW).]
4.  Fees.
Fees for attendance as a witness shall be the same as for a witness in the Superior Court.
[PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5934. Award

§5934. Award
1.  Delivery.
The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
[PL 1967, c. 430 (NEW).]
2.  Times for making.
An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
[PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).