CRIMINAL PROCEDURE
Last reviewed and edited May 3, 2017
Including amendments effective April 4, 2017
| I. | SCOPE, PURPOSE, AND CONSTRUCTION |
| RULE 1. | TITLE, SCOPE, AND APPLICATION OF RULES |
| | RULE 2. | PURPOSE AND CONSTRUCTION |
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| II. | PRELIMINARY PROCEEDINGS |
| | RULE 4. | ARREST WARRANT OR SUMMONS |
| | RULE 4A. | PROBABLE CAUSE DETERMINATION UPON WARRANTLESS ARREST FOR ANY CRIME |
| | RULE 5. | INITIAL PROCEEDINGS IN THE UNIFIED CRIMINAL DOCKET |
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| III. | INDICTMENT AND INFORMATION |
| | RULE 7. | THE INDICTMENT AND THE INFORMATION |
| | RULE 8. | JOINDER OF CRIMES AND OF DEFENDANTS |
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| IV. | ARRAIGNMENT AND PREPARATION FOR TRIAL |
| | RULE 11. | PLEAS; SPECIAL CIRCUMSTANCES AS TO ACCEPTANCE OF CERTAIN PLEAS; NOTICE TO NONCITIZENS OF POTENTIAL ADVERSE IMMIGRATION CONSEQUENCES OF A PLEA |
| | RULE 11A. | PLEA AGREEMENTS |
| | RULE 11B. | FILING AGREEMENTS |
| | RULE 12. | PLEADINGS AND MOTIONS BEFORE TRIAL; DEFENSES AND OBJECTIONS |
| | RULES 13 AND 14. | [RESERVED] |
| | | RULE 16. | DISCOVERY BY THE DEFENDANT |
| | RULE 16A. | DISCOVERY BY THE STATE |
| | RULE 17. | SUBPOENA FOR ATTENDANCE OF WITNESSES |
| | RULE 17A. | SUBPOENA FOR PRODUCTION OF DOCUMENTARY EVIDENCE OR TANGIBLE OBJECTS BY A NONPARTY |
| | RULE 18. | DISPOSITIONAL CONFERENCE |
| | RULE 19 AND 20. | [RESERVED] |
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| | | RULE 23. | TRIAL BY JURY OR BY THE COURT |
| | | RULE 25. | INABILITY OF A JUDGE TO PROCEED; RECUSAL |
| | RULE 25A. | SCHEDULING AND CONTINUANCES |
| | | RULE 27. | RECORDING AND TRANSCRIPTS OF PROCEEDINGS |
| | RULE 28. | COURT-APPOINTED INTERPRETERS AND TRANSLATORS |
| | RULE 29. | MOTION FOR ACQUITTAL |
| | RULE 30. | ARGUMENT OF COUNSEL; INSTRUCTIONS TO JURY |
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| RULE 32. | SENTENCE AND JUDGMENT |
| | | RULE 34. | ARREST OF JUDGMENT |
| | RULE 35. | CORRECTION OR REDUCTION OF SENTENCE |
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| VII. | REVIEW BY APPEAL OR PETITION |
| RULE 36. | APPEAL; PETITIONS |
| | | RULE 38. | STAY OF EXECUTION OF SENTENCE |
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| VIII. | SUPPLEMENTARY AND SPECIAL PROCEEDINGS |
| | RULE 41. | SEARCH AND SEIZURE |
| | RULE 41A. | MOTION TO SUPPRESS EVIDENCE |
| | RULE 41B. | SPECIAL PROVISIONS FOR SEARCHES AND SEIZURES OF CERTAIN KINDS OF PROPERTY |
| | RULE 41C. | SEARCH WARRANT REQUEST MADE BY APPLICANT OUTSIDE THE PRESENCE OF THE COURT OR JUSTICE OF THE PEACE |
| | RULE 42. | CONTEMPT PROCEEDINGS |
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| RULE 43. | PRESENCE OF THE DEFENDANT |
| | RULE 43A. | PHYSICAL RESTRAINT OF JUVENILES |
| | RULE 44. | RIGHT TO AND ASSIGNMENT OF COUNSEL |
| | RULE 44A. | PROCEDURE FOR DETERMINATION OF INDIGENCY AFTER VERDICT OR FINDING |
| | RULE 44B. | WITHDRAWAL OF COUNSEL |
| | RULE 44C. | APPLICATION TO MAINE COMMISSION ON INDIGENT LEGAL SERVICES FOR FUNDS FOR EXPERT OR INVESTIGATIVE ASSISTANCE FOR INDIGENT DEFENDANT |
| | | RULE 46. | CERTAIN PROCEDURAL PROVISIONS GOVERNING BAIL |
| | RULE 47. | MOTIONS AND MOTION DAY |
| | | RULE 49. | SERVICE AND FILING OF PAPERS |
| | RULE 50. | CLERICAL MISTAKES |
| | RULE 51. | EXCEPTIONS UNNECESSARY |
| | RULE 52. | HARMLESS ERROR AND OBVIOUS ERROR |
| | RULE 53. | BOOKS AND RECORDS KEPT BY THE CLERK AND ENTRIES THEREIN |
| | RULE 53A. | CUSTODY OF NONDOCUMENTARY EXHIBITS |
| | RULE 54. | COURTS AND CLERKS |
| | RULE 55. | VISITING LAWYERS |
| | RULE 56. | LEGAL ASSISTANCE BY LAW STUDENTS |
| | | RULES 58 TO 64. | [RESERVED] |
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| X. | PROCEEDINGS FOR POST-CONVICTION REVIEW |
| RULE 65. | NATURE OF THE PROCEEDING |
| | RULE 66. | PREREQUISITES TO AN ADJUDICATION ON THE MERITS |
| | RULE 67. | FORM AND CONTENTS OF THE PETITION |
| | RULE 68. | FILING OF THE PETITION |
| | RULE 69. | ASSIGNED COUNSEL |
| | RULE 69A. | ASSIGNED JUDGE OR JUSTICE |
| | RULE 70. | REVIEW OF THE PETITION BY THE COURT; SUMMARY DISMISSAL; RESPONSE; AMENDMENT TO THE PETITION; WITHDRAWAL OF PETITION; DISMISSAL OF PETITION WITH PREJUDICE FOR FAILURE TO PROSECUTE |
| | | RULE 71A. | FILING A RESPONSE SEEKING DISMISSAL; TIMELY DISPOSITION BY ASSIGNED JUSTICE |
| | | RULE 72A. | CONFERENCE FOLLOWING THE FILING OF THE PLEADINGS |
| | RULE 73. | EVIDENTIARY HEARING, BRIEFS AND ARGUMENTS |
| | RULE 73A. | MOTION FOR JUDGMENT |
| | RULE 74. | BAIL PENDING FINAL DISPOSITION OF THE PETITION |
| | RULE 75. | BAIL PENDING APPEAL WHEN RELIEF IS GRANTED TO THE PETITIONER |
| | RULE 75A. | STAY OF EXECUTION |
| | RULES 76 TO 84. | [RESERVED] |
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| XI. | EXTRADITION PROCEEDINGS |
| RULE 85. | NATURE OF THE PROCEEDINGS |
| | RULE 86. | ASSIGNMENT OF COUNSEL |
| | | RULES 88 TO 94. | [RESERVED] |
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| XII. | POSTCONVICTION MOTION FOR DNA ANALYSIS; NEW TRIAL HEARING |
| RULE 95. | INITIATION OF PROCEEDINGS |
| | RULE 96. | ASSIGNMENT OF COUNSEL |
| | RULE 97. | INITIAL TRIAL COURT PROCEEDINGS |
| | RULE 98. | DNA ANALYSIS RESULTS |
| | RULE 99. | HEARING; COURT FINDINGS; NEW TRIAL GRANTED OR DENIED |
| | RULES 100 TO 104. | [RESERVED] |
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| XIII. | POST-JUDGMENT MOTION AND HEARING FOR DETERMINATION OF FACTUAL INNOCENCE AND CORRECTION OF RECORD BASED ON A PERSON’S IDENTITY HAVING BEEN STOLEN AND FALSELY USED IN A CRIMINAL PROCEEDING; SUBSEQUENT DISCOVERY OF FRAUD OR MISREPRESENTATION |
| RULE 105. | INITIATION OF PROCEEDINGS |
| | RULE 106. | ASSIGNMENT OF COUNSEL |
| | RULE 107. | REPRESENTATION OF THE STATE |
| | RULE 108. | HEARING; CERTIFICATION OF RESULTS; CORRECTION OF THE RECORD |
| | RULE 109. | SUBSEQUENT DISCOVERY OF FRAUD OR MISREPRESENTATION |
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| RULE 110. | CIVIL VIOLATIONS |
| | RULE 111. | SEARCH WARRANTS FOR SCHEDULE Z DRUGS |
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