USA Statutes : maine
Title : Title 16. COURT PROCEDURE -- EVIDENCE
Chapter : Chapter 01. WITNESSES
Title 16 - §1. Applicability of provisions to executors, administrators or heirs (REPEALED)
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 1: GENERAL PROVISIONS
§1. Applicability of provisions to executors, administrators or heirs (REPEALED)
Section History:
PL 1977,
Ch. 564,
§75
(RP ).
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interpretation of Maine law to the public. If you need legal
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State House Room 108
Augusta, Maine 04333-0007Title 16 - §101. Subpoenas for witnesses
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 3: ATTENDANCE
§101. Subpoenas for witnesses
The clerks of the several courts and notaries public may issue subpoenas for witnesses to attend before any court or before
persons authorized to examine witnesses, to give evidence concerning any pending matter.
[1981, c. 456, Pt. A, § 58 (amd).]
Section History:
PL 1981,
Ch. 456,
§A58
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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State House Room 108
Augusta, Maine 04333-0007Title 16 - §102. Failure of witness to appear; contempt; liability
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 3: ATTENDANCE
§102. Failure of witness to appear; contempt; liability
When a person, summoned and obliged to attend before any judicial tribunal, fails to do so without reasonable excuse, he is
liable to the party aggrieved for all damages sustained thereby. The judge or justice of such tribunal may issue a capias
to apprehend and bring such delinquent before him, and he shall be punished by a fine of not more than $100 and costs of attachment,
and committed until the same and costs are paid.
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interpretation of Maine law to the public. If you need legal
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Augusta, Maine 04333-0007Title 16 - §151. Oaths
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 4: EXAMINATION
§151. Oaths
A person to whom an oath is administered shall hold up his hand unless he believes that an oath administered in that form
is not binding, and then it may be administered in a form believed by him to be binding. One believing any other than the
Christian religion may be sworn according to the ceremonies of his religion.
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The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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State House Room 108
Augusta, Maine 04333-0007Title 16 - §152. Affirmation
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 4: EXAMINATION
§152. Affirmation
Persons conscientiously scrupulous of taking an oath may affirm as follows: "I affirm under the pains and penalties of perjury,"
which affirmation is of the same force and effect as an oath.
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Augusta, Maine 04333-0007Title 16 - §153. Testimony to be taken orally in open court
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 4: EXAMINATION
§153. Testimony to be taken orally in open court
In all civil actions the testimony of witnesses shall be taken orally in open court, unless otherwise provided by rule.
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Augusta, Maine 04333-0007Title 16 - §154. Impeaching of own witness
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 4: EXAMINATION
§154. Impeaching of own witness
When a party either nominal or real or the husband or wife of a party is used as a witness by an adverse party, testimony
may be introduced by such adverse party to contradict or discredit him.
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Augusta, Maine 04333-0007Title 16 - §155. Refusal to answer
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 4: EXAMINATION
§155. Refusal to answer
When a witness in court refuses to answer such questions as the court allows to be put, he shall be punished by a fine of
not more than $100 or by imprisonment for not more than 3 months.
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Augusta, Maine 04333-0007Title 16 - §201. Self-incrimination; waiver
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 5: IMMUNITIES
§201. Self-incrimination; waiver
No defendant shall be compelled to testify in any action when the pleadings in that action imply or charge an offense against
the criminal law or a traffic infraction or a violation of Title 22, section 2383, on his part. If he offers himself as a
witness, he waives his privilege of not incriminating or testifying against himself, but his testimony shall not be used in
evidence against him in any criminal prosecution, or other traffic infraction proceeding or in any other civil violation proceeding
arising under Title 22, section 2383, involving the same subject matter.
[1975, c. 740, § 2-A (rpr).]
Section History:
PL 1975,
Ch. 430,
§22
(AMD).
PL 1975,
Ch. 740,
§2-A
(RPR).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 16 - §251. Fees of witnesses
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 6: FEES
§251. Fees of witnesses
Witnesses, other than law enforcement officers testifying in their official capacity, in the Supreme Judicial Court, the Superior
Court, the District Court or in the Probate Court, unless the court shall otherwise order, shall receive $10, and before referees,
auditors or commissioners specially appointed to take testimony or special commissioners on disputed claims appointed by Probate
Courts, $10, or before the county commissioners, $10 for each day's attendance and 22¢ a mile for each mile's travel going
and returning home. The court in its discretion may allow at the trial of any cause, civil or criminal, in the Supreme Judicial
Court, the Superior Court or the District Court, a reasonable sum for each day's attendance of any expert witness or witnesses
at the trial, in taxing the costs of the prevailing party, and the expense of all expert witnesses for the State in murder
cases shall be paid by the State and charged against the appropriation for the Department of the Attorney General. Such party
or his attorney of record shall first file an affidavit within 30 days after entry of judgment and before the cause is settled,
stating the name, residence, number of days in attendance and the actual amount paid or to be paid each expert witness in
attendance at such trial. No more than $10 per day may be allowed or taxed by the clerk of courts in the costs of any civil
action for the per diem attendance of a witness, unless the affidavit is filed, and the per diem is determined and allowed
by the presiding justice.
[1985, c. 384, §6 (amd).]
Section History:
PL 1967,
Ch. 286,
§
(AMD).
PL 1971,
Ch. 199,
§
(AMD).
PL 1971,
Ch. 261,
§2
(AMD).
PL 1971,
Ch. 544,
§52
(AMD).
PL 1975,
Ch. 731,
§16
(AMD).
PL 1983,
Ch. 538,
§1
(AMD).
PL 1985,
Ch. 384,
§6
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 16 - §252. Fees of police officer or constable
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 6: FEES
§252. Fees of police officer or constable
No police officer or constable paid a salary or paid upon a per diem basis by a municipality shall receive any fee as a complainant
or witness, or for making an arrest or for attendance at court, while on duty and being compensated therefor, but shall be
reimbursed by such municipality for his actual costs of arrest and actual expenses of travel and attendance. Whenever any
fines or penalties are imposed by any court in any proceeding in which such a police officer or constable is a complainant
or a witness, said court may tax costs for such complainant or witness in the usual manner to be paid by the Treasurer of
State to the municipality employing such police officer or constable; such costs shall not exceed his actual expenses, paid
by the municipality for his travel to and attendance at the court. Notwithstanding any other provisions of law, all law enforcement
officers appearing at the order of a prosecuting official before the Superior Court or grand jury, whether or not called upon
to give testimony, at times other than their regular working hours shall be compensated on an hourly basis equal to their
present rate of employment to be paid by the respective county treasurer.
[1975, c. 408, § 35 (amd).]
div>
In the event that any police officer or constable is compensated by the municipality for attendance at court on an hourly
basis equal to his present rate of employment, then he shall not be compensated by the county as provided in this section,
but the county shall compensate the municipality for that amount paid to the police officer or constable for his attendance
at court.
[1973, c. 301 (new).]
Section History:
PL 1971,
Ch. 261,
§3
(AMD).
PL 1973,
Ch. 301,
§
(AMD).
PL 1973,
Ch. 625,
§87
(AMD).
PL 1975,
Ch. 369,
§3
(AMD).
PL 1975,
Ch. 383,
§22
(AMD).
PL 1975,
Ch. 408,
§35
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §253. Witness not obligated unless fees paid or tendered
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 6: FEES
§253. Witness not obligated unless fees paid or tendered
No person is obliged to attend any court as a witness in a civil action or at any place to have his deposition taken unless
his legal fees for travel to and from the place and for one day's attendance are first paid or tendered. His fees for each
subsequent day's attendance must be paid at the close of the preceding day if he requests it.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §51. Showing of interest or bias
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§51. Showing of interest or bias
If in the trial of a civil case there is a conflict of oral testimony or the contents of a written statement are denied or
controverted by the person involved therein, it is competent to show in testimony the interest or bias of the person testifying
orally or the person preparing the written statement.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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State House Room 108
Augusta, Maine 04333-0007Title 16 - §52. Mentally ill party
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§52. Mentally ill party
The rules of evidence which apply to actions by or against executors or administrators apply in actions where a person shown
to the court to be mentally ill is solely interested as a party.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §53-A. Privileged communications to sexual assault counselors
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§53-A. Privileged communications to sexual assault counselors
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. Rape crisis center. "Rape crisis center" means any publicly or privately funded agency, institution or facility existing
in this State, having as its purpose to reduce the trauma of sexual assault to sexual assault victims and their families through
crisis intervention, counseling, medical and legal information and dissemination of educational information pertaining to
sexual assault.
[1983, c. 319 (new).]
B. Sexual assault counselor. "Sexual assault counselor" means a person who has:
(1) Undergone a program of training from a rape crisis center which shall include, but not be limited to: Law, medicine,
societal attitudes, crisis intervention, counseling techniques and referral services; and
(2) Is either a staff member, paid or unpaid, or under the supervision of a staff member of a rape crisis center.
[1983, c. 319 (new).]
[1983, c. 319 (new).]
2. Privileged communications. Except with regard to reporting, cooperating in an investigation or giving evidence pursuant to Title 22, chapter 1071,
or except at the request, or with the consent of, the victim of sexual assault, no sexual assault counselor may be required
to testify in any civil or criminal action, suit or proceeding at law or in equity about any information which he may have
acquired in providing sexual assault counseling services. A sexual assault counselor or a rape crisis center may not be required
to disclose to the court any records, notes, memoranda or documents containing confidential communications. When a court in
the exercise of sound discretion deems the disclosure necessary to the proper administration of justice, no information communicated
to, or otherwise learned by, that sexual assault counselor in connection with the provision of sexual assault counseling services
may be privileged and disclosure may be required.
[1983, c. 319 (new).]
Section History:
PL 1983,
Ch. 319,
§
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §53-B. Privileged communications to victim advocate; family violence
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§53-B. Privileged communications to victim advocate; family violence
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Advocate" means an employee of or volunteer for a nongovernmental program for victims of domestic or family violence who:
(1) Has undergone at least 30 hours of training; and
(2) As a primary function with the program gives advice to, counsels or assists victims, supervises employees or volunteers
who perform that function or administers the program.
[1995, c. 128, §1 (new).]
A-1. "Confidential communications" means all information, whether written or oral, transmitted between a victim and a domestic
violence advocate in the course of the working relationship. "Confidential communications" includes, but is not limited to,
information received or given by the advocate in the course of the working relationship, advice, records, reports, notes,
memoranda, working papers, electronic communications, case files, history and statistical data, including name, date of birth
and social security number, that personally identify the victim.
[2005, c. 388, §1 (new).]
B. "Victim" means a victim of domestic or family violence.
[1995, c. 128, §1 (new).]
[2005, c. 388, §1 (amd).]
2. Privileged communication. Communications are privileged from disclosure as follows.
A. A victim may refuse to disclose and may deny permission to an advocate to disclose confidential written or oral communications
between the victim and the advocate and written records, notes, memoranda or reports concerning the victim.
[1995, c. 128, §1 (new).]
B. Except as provided in subsection 3, a victim, advocate or advocate's agency may not be required through oral or written
testimony or through production of documents to disclose to a court in criminal or civil proceedings or to any other agency
or person confidential communications between the victim and the advocate.
[1995, c. 128, §1 (new).]
[1995, c. 128, §1 (new).]
3. Exceptions. A person may not be required to publicly disclose the address or location of a domestic or family violence shelter or safe
house, except that privileged communications may be disclosed in the following cases:
A. When disclosure is required under Title 22, chapter 1071 and that disclosure is in accordance with the provisions of that
chapter;
[1995, c. 128, §1 (new).]
B. When a court in the exercise of its discretion determines the disclosure of the information necessary to the proper administration
of justice, an inspection of records may be held in camera by the judge to determine whether those records contain relevant
information. This proceeding does not entitle an opposing party to examine the records unless those records are made available
by the court; or
[1995, c. 128, §1 (new).]
C. When a victim dies or is incapable of giving consent and disclosure is required for an official law enforcement investigation
or criminal proceeding regarding the cause of that victim's death or incapacitation.
[1995, c. 128, §1 (new).]
[1995, c. 128, §1 (new).]
Section History:
PL 1995,
Ch. 128,
§1
(NEW).
PL 2005,
Ch. 388,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §53-C. Privileged communications to governmental victim witness advocates or coordinators
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§53-C. Privileged communications to governmental victim witness advocates or coordinators
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Crime" means a criminal offense in which there is a victim, as defined in this section.
[1999, c. 369, §1 (new).]
B. "Victim" means:
(1) A person against whom a crime has been committed;
(2) The immediate family of a victim of a crime if:
(a) The underlying crime is one of domestic violence or sexual assault or one in which the family suffered serious physical
trauma or serious financial loss; or
(b) Due to death, age or physical or mental disease, disorder or defect, the victim is unable to participate as allowed
under this chapter.
[1999, c. 369, §1 (new).]
C. "Victim witness advocate" or "victim witness coordinator" means an employee of or volunteer for a district attorney, the
Attorney General or the United States Attorney whose primary job function is to advise, counsel or assist victims or witnesses
of crimes, to supervise other employees or volunteers who perform that function or to administer the program.
[1999, c. 369, §1 (new).]
[1999, c. 369, §1 (new).]
2. Privileged communications. Communications are privileged from disclosure as follows.
A. A victim may refuse to disclose and may deny permission to a victim witness advocate or coordinator to disclose confidential
written or oral communications between the victim and the advocate or coordinator and written records, notes, memoranda or
reports concerning the victim.
[1999, c. 369, §1 (new).]
B. Except as provided in subsection 3, a victim, advocate or coordinator or the victim advocate's or coordinator's employer
may not be required, through oral or written testimony or through production of documents, to disclose to a court in criminal
or civil proceedings or to any other agency or person confidential communications between the victim and the advocate or coordinator.
[1999, c. 369, §1 (new).]
[1999, c. 369, §1 (new).]
3. Exceptions. Privileged communications may be disclosed in the following cases:
A. Disclosure may be made to the district attorney, Attorney General or the United States Attorney or their assistants;
[1999, c. 369, §1 (new).]
B. When disclosure is required under Title 22, chapter 1071 and that disclosure is in accordance with that chapter;
[1999, c. 369, §1 (new).]
C. When a court in the exercise of its discretion determines the disclosure of information necessary to the proper administration
of justice, an inspection of records may be held in camera by the judge to determine whether those records contain relevant
information. This proceeding does not entitle an opposing party to examine the records unless those records are made available
by the court;
[1999, c. 369, §1 (new).]
D. When a victim dies or is incapable of giving consent and disclosure is required for an official law enforcement investigation
or criminal proceeding regarding the cause of that victim's death or incapacitation; or
[1999, c. 369, §1 (new).]
E. Evidence of an exculpatory nature must be disclosed to the criminal defendants pursuant to the Maine Rules of Criminal Procedure,
Rule 16.
[1999, c. 369, §1 (new).]
[1999, c. 369, §1 (new).]
Section History:
PL 1999,
Ch. 369,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §53. Parties, husbands, wives and others as interested witnesses
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§53. Parties, husbands, wives and others as interested witnesses
No person is excused or excluded from testifying in any civil action by reason of his interest in the event thereof as party
or otherwise, except as otherwise provided, but such interest may be shown to affect his credibility, and the husband or wife
of either party may be a witness.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §54. Attestation of wills and instruments not affected (REPEALED)
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§54. Attestation of wills and instruments not affected (REPEALED)
Section History:
PL 1979,
Ch. 540,
§24-A
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §55. Religious belief affects credibility only; atheists may testify (REPEALED)
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§55. Religious belief affects credibility only; atheists may testify (REPEALED)
Section History:
PL 1977,
Ch. 564,
§76
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §56. Prior conviction as affecting credibility (REPEALED)
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§56. Prior conviction as affecting credibility (REPEALED)
Section History:
PL 1973,
Ch. 295,
§
(AMD).
PL 1977,
Ch. 564,
§77
(AMD).
PL 1979,
Ch. 127,
§120
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §57. Privileged communications; clergymen (REPEALED)
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§57. Privileged communications; clergymen (REPEALED)
Section History:
PL 1965,
Ch. 117,
§
(NEW).
PL 1977,
Ch. 184,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 16 - §58. Exception (REPEALED)
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§58. Exception (REPEALED)
Section History:
PL 1965,
Ch. 117,
§
(NEW).
PL 1977,
Ch. 184,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §59. Actions for injury to or death of persons (REPEALED)
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§59. Actions for injury to or death of persons (REPEALED)
Section History:
PL 1967,
Ch. 406,
§
(NEW).
PL 1977,
Ch. 564,
§78
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 16 - §60. Psychiatrist and patient (REPEALED)
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 1: WITNESSES
Subchapter 2: QUALIFICATIONS, PRIVILEGES AND CREDIBILITY
§60. Psychiatrist and patient (REPEALED)
Section History:
PL 1973,
Ch. 481,
§
(NEW).
PL 1977,
Ch. 564,
§79
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
