Rule 52 – Harmless Error and Obvious Error

by | May 13, 2021 | Criminal Procedure, Maine

(a) Harmless Error. Any error, defect, irregularity, or variance that does not affect substantial rights shall be disregarded.(b) Obvious Error. Obvious errors or defects affecting substantial rights may be noticed although they were not brought to the attention of...

Rule 51 – Exceptions Unnecessary

by | May 13, 2021 | Criminal Procedure, Maine

Exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action...

Rule 50 – Clerical Mistakes

by | May 13, 2021 | Criminal Procedure, Maine

Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice as the court orders. During...

Rule 49 – Service and Filing of Papers

by | May 13, 2021 | Criminal Procedure, Maine

(a) Service: When Required. Written motions other than those that are heard ex parte, written notices, designations of the record on appeal, and similar papers shall be served upon each of the parties.(b) Service: How Made. Whenever under these Rules or by an order of...

Rule 48 – Dismissal

by | May 13, 2021 | Criminal Procedure, Maine

(a) By the Attorney for the State. The attorney for the State may file a written dismissal of an indictment, information, or complaint or any count of an indictment, information, or complaint, setting forth the reasons for the dismissal, and the prosecution relating...