(a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these Rules, the Maine Rules of Evidence, or other rules adopted by the Supreme Judicial Court.(b) Examination of Witnesses. The examination and cross-examination of each witness shall be conducted by one counsel only on each side, except by special leave of court, and counsel shall stand while so examining or cross-examining unless the court otherwise permits. Any re-examination of a witness shall be limited to matters brought out in the last examination by the adverse party, except by special leave of court.(c) Order of Evidence. A party who has rested a case cannot thereafter produce further evidence except in rebuttal unless by leave of court.(d) Attorney Not to Be Witness. No attorney shall be permitted to be a witness for his or her client before a jury without special permission of the court.(e) Allegation of Prior Conviction; Procedure. In a trial to a jury in which the prior conviction is for a crime that is identical to the current principal crime or is sufficiently similar that knowledge of the fact that the defendant has been convicted of the prior crime may, in the determination of the presiding justice, unduly influence the ability of the jury to determine guilt fairly, that portion of the charge alleging the prior conviction shall not be read to a jury until after conviction of the principal crime, nor shall the defendant be tried on the issue of whether he or she was previously convicted until after conviction of the principal crime, unless the prior conviction has been admitted into evidence for another reason. The jury that found the defendant guilty of the current principal crime shall determine whether the defendant was convicted of the prior alleged crime unless that jury has been discharged before the filing of an amended indictment, if required to charge the prior conviction.(f) Marking of Exhibits; Insurance for Valuable Exhibits. The parties shall mark their exhibits before trial or hearing or during a recess. A party who offers a valuable exhibit shall be responsible for procuring insurance for it.(g) Election by Unrepresented Defendant. In a trial involving an unrepresented defendant, the court shall (A) advise an unrepresented defendant, out of the presence of the jury, of the necessity of choosing between exercising the right to remain silent and exercising the right to testify; (B) ensure that the defendant understands these alternative rights; and (C) give the defendant the opportunity to make an election between them. If the defendant elects to testify, the court shall advise the defendant how and when the right to testify may be exercised.
