by admin | May 13, 2021 | Criminal Procedure, Maine
After the petitioner has completed the presentation of evidence at the hearing on the petition, the respondent, without waiving its right to offer evidence in the event the motion is not granted, may move for judgment on the ground that upon the facts and the law the...
by admin | May 13, 2021 | Criminal Procedure, Maine
(a) Evidentiary Hearing. At the time of the conference, or if a conference is dispensed with, within 28 days of the date the response is filed, either the petitioner or the respondent may request an evidentiary hearing. If either party makes such a request, the court...
by admin | May 13, 2021 | Criminal Procedure, Maine
(a) Scheduling. Following the filing of the pleadings, the clerk of the Unified Criminal Docket shall as soon as possible schedule a conference and give notice to the parties thereof. The court may dispense with a conference.(b) Matters to Be Considered at Conference....
by admin | May 13, 2021 | Criminal Procedure, Maine
(a) In General. A party shall not be entitled to discovery in a proceeding for post-conviction review unless, and to the extent that, the court, upon motion and for good cause shown, grants leave for discovery. If leave for discovery is granted, the court shall...
by admin | May 13, 2021 | Criminal Procedure, Maine
If the response filed by the respondent seeks a dismissal of the petition in whole or in part based upon a petitioner’s alleged failure to satisfy one or more of the five statutory prerequisites to an adjudication on the merits identified in Rule 66, the...
by admin | May 13, 2021 | Criminal Procedure, Maine
(a) When Required. The respondent is required to respond to the original or amended petition only when directed to do so pursuant to Rule 70(c), or as may be further ordered to do so by the court pursuant to subdivision (c) of this Rule or Rule 72A(b)(3).(b)...
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