Maine Statements by Defendant is a discovery procedure used in the state of Maine to obtain admissions of fact from the defendant in a civil case. It is an alternative to interrogatories and depositions, and is available in both civil and criminal cases. The defendant is required to respond to a set of questions in writing within a certain timeframe. The defendant can either admit or deny the facts presented in the questions, and the answers are then used as evidence in the case. Maine Statements by Defendant can be divided into two types: Formal Statements and Informal Statements. Formal Statements are structured interrogatory-type questions that are answered by the defendant in writing. Informal Statements are less structured questions that are answered orally by the defendant.
Maine Statements by Defendant
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A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person.
(a) Subsequent remedial measures. When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: (1) Negligence; (2) Culpable conduct; (3) A defect in a product or its design; or (4) A need for a warning or instruction.
Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party.
Rule 35(a) is amended to permit an order against a party for the examination of a person in his custody or under his legal control. Thus, a parent or guardian suing to recover for injuries to a minor may be ordered to produce the minor for examination.
The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) Is generally known within the trial court's territorial jurisdiction; or (2) Can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
The court shall appoint a guardian ad litem for a minor or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the minor or incompetent person.
Evidence is relevant if: (a) It has any tendency to make a fact more or less probable than it would be without the evidence; and (b) The fact is of consequence in determining the action.
Rule 601 - COMPETENCY TO TESTIFY IN GENERAL (a) Every person is competent to be a witness unless these rules provide otherwise.