Transcription of MAINE RULES OF UNIFIED CRIMINAL PROCEDURE
1 1 Last reviewed and edited May 3, 2017 Including amendments effective April 4, 2017 MAINE RULES OF UNIFIED CRIMINAL PROCEDURE LIST OF RULES I. SCOPE, PURPOSE, AND CONSTRUCTION RULE 1. TITLE, SCOPE, AND APPLICATION OF RULES (a) Title. (b) Scope; Application. (c) PROCEDURE When None Specified. (d) Forms. (e) Effective Date of These RULES . (f) Effective Date of Amendments. RULE 2. PURPOSE AND CONSTRUCTION II. PRELIMINARY PROCEEDINGS RULE 3. THE COMPLAINT (a) Nature and Contents. (b) How Made. (c) Surplusage. (d) Amendment of Complaint. (e) Arrest Tracking Number (ATN) and Charge Tracking Number (CTN).
2 (f) State Identification Number. (g) Statute Sequence Number. RULE 4. ARREST WARRANT OR SUMMONS (a) Definitions. (b) Grounds for Issuance of Arrest Warrant or Summons. (c) Who May Issue Arrest Warrant or Summons. (d) Content of Arrest Warrant or Summons. (e) Management of Electronic or Paper Arrest Warrant. (f) Execution of Electronic or Paper Arrest Warrant or Service of Summons. (g) Return of Electronic or Paper Arrest Warrant or Summons. 2 RULE 4A. PROBABLE CAUSE DETERMINATION UPON WARRANTLESS ARREST FOR ANY CRIME (a) Timing: Required Findings. (b) Evidence. (c) Record. RULE 5.
3 INITIAL PROCEEDINGS IN THE UNIFIED CRIMINAL DOCKET (a) Initial Appearance Before the Court. (b) Initial Statement of Rights by the Court. (c) Further Statement of Rights by the Court With Respect to Class C or Higher Crimes in the Absence of an Indictment or Information. (d) Pleas at Initial Appearance. (e) Assignment of Counsel. III. INDICTMENT AND INFORMATION RULE 6. THE GRAND JURY (a) Number of Grand Jurors. (b) Objections to Grand Jury and to Grand Jurors. (c) Foreperson and Deputy Foreperson. (d) Presence During Proceedings. (e) General Rule of Secrecy. (f) Recording of Proceedings.
4 (g) PROCEDURE for Preparation and Disclosure of Transcript. (h) Disclosure for Certain Law Enforcement Purposes. (i) Finding and Return of Indictment. (j) Excuse. RULE 7. THE INDICTMENT AND THE INFORMATION (a) Use of Indictment, Information or Complaint. (b) Waiver of Indictment. (c) Nature and Contents. (d) Surplusage. (e) Amendment of Indictment or Information. (f) Arrest Tracking Number (ATN) and Charge Tracking Number (CTN). (g) State Identification Number. (h) Statute Sequence Number. RULE 8. JOINDER OF CRIMES AND OF DEFENDANTS (a) Joinder of Crimes. 3 (b) Joinder of Defendants.
5 (c) Trial Together of Indictments, Informations or Complaints. (d) Relief From Prejudicial Joinder RULE 9. [RESERVED] IV. ARRAIGNMENT AND PREPARATION FOR TRIAL RULE 10. ARRAIGNMENT RULE 11. PLEAS; SPECIAL CIRCUMSTANCES AS TO ACCEPTANCE OF CERTAIN PLEAS; NOTICE TO NONCITIZENS OF POTENTIAL ADVERSE IMMIGRATION CONSEQUENCES OF A PLEA (a) Pleas for Any Crime. (b) Prerequisites to Accepting a Plea of guilty or Nolo Contendere to a Class C or Higher Crime. (c) Ensuring That the Plea Is Made Knowingly. (d) Ensuring That the Plea Is Voluntary. (e) Ensuring That There Is a Factual Basis for the Plea.
6 (f) Acceptance of a Plea of guilty to a Class C or Higher Crime Prior to Indictment. (g) Prerequisites to Accepting a Plea of guilty or Nolo Contendere to a Class D or Class E Crime From an Unrepresented Defendant. (h) Potential Adverse Immigration Consequences to Noncitizens of a Plea to Any Crime. (i) Transfer for Plea and Sentence. (j) Acceptance of guilty Plea by the Clerk to a Charge Punishable by a Fine. RULE 11A. PLEA AGREEMENTS (a) In General. (b) Notice of Plea Agreement. (c) Statement of Reasons in the Case of a Class C or Higher Crime. (d) Acceptance or Rejection by the Court of Recommendation Included in Plea Agreement.
7 (e) Withdrawal of Plea Upon Rejection of Recommendation. (f) Compliance With Plea Agreement. (g) Inadmissibility of Pleas, Offers of Pleas, and Related Statements. (h) Acceptance of a Negotiated Plea of Not Criminally Responsible by Reason of Insanity. 4 RULE 11B. FILING AGREEMENTS (a) In General. (b) Court Approval Unnecessary. (c) Disposition During or at Expiration of Filing Period. (d) Special Reservations in the Filing Agreement. RULE 12. PLEADINGS AND MOTIONS BEFORE TRIAL; DEFENSES AND OBJECTIONS (a) Pleadings and Motions. (b) Motion Raising Defenses and Objections. (c) Motion In Limine.
8 RULES 13 AND 14. [RESERVED] RULE 15. DEPOSITIONS (a) When Taken. (b) Notice of Taking. (c) Defendant s Counsel. (d) How Taken. (e) Use. (f) Objections to Admissibility. (g) At the Instance of the State or Witness. RULE 16. DISCOVERY BY THE DEFENDANT (a) Automatic Discovery. (b) Time for Providing Automatic Discovery. (c) Discovery Upon Request. (d) Discovery Pursuant to Court Order. (e) Sanctions for Noncompliance. RULE 16A. DISCOVERY BY THE STATE (a) Automatic Discovery. Notice of Intention to Introduce Expert Testimony as to the Defendant s Mental State. (b) Discovery Upon Request.
9 (c) Discovery Pursuant to Court Order. (d) Sanctions for Noncompliance. RULE 17. SUBPOENA FOR ATTENDANCE OF WITNESSES (a) For Attendance of Witnesses; Form; Issuance. (b) Indigent Defendants. 5 (c) For Production of Documentary Evidence and of Tangible Objects. (d) Privileged or Protected Documentary Evidence. (e) Service. (f) Place of Service. (g) For Taking Deposition; Place of Examination. (h) Enforcement of Subpoena. (i) Grand Jury Proceedings. RULE 17A. SUBPOENA FOR PRODUCTION OF DOCUMENTARY EVIDENCE OR TANGIBLE OBJECTS BY A NONPARTY (a) Subpoena to Produce Documentary Evidence or Tangible Objects.
10 (b) Service. (c) Notice to Adverse Party. (d) Motion to Quash or Modify Subpoena. (e) Sanction for Noncompliance. (f) Privileged or Protected Documentary Evidence. (g) Grand Jury Proceedings. RULE 18. DISPOSITIONAL CONFERENCE (a) Appearance required. (b) Participation. (c) Content of Discussions Inadmissible. (d) Agreement; Plea. (e) No Agreement; Subsequent Proceedings. (f) No Agreement; Inquiry Regarding Indictment. RULES 19 AND 20. [RESERVED] V. TRIAL RULE 21. PLACE OF TRIAL (a) Venue. (b) Change of Venue. RULE 22. [RESERVED] RULE 23. TRIAL BY JURY OR BY THE COURT (a) Trial by Jury; Waiver.
