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Rule 66 – Prerequisites to an Adjudication on the Merits

May 13, 2021 | Criminal Procedure, Maine

A petitioner must satisfy the following five statutory prerequisites to permit an adjudication on the merits by the assigned court:

(1) Restraint or impediment under 15 M.R.S. §2124;
(2) Prior exhaustion of remedies incidental to the proceedings in the trial court, or on appeal, or through administrative remedies as required by 15 M.R.S. §2126;
(3) Absence of waiver of grounds for relief under 15 M.R.S. §2128 except as exempted under 15 M.R.S. §2128-A;
(4) Timely filing of the petition under 15 M.R.S. §2128-B; and
(5) The stating of a ground upon which post-conviction relief can be granted under 15 M.R.S. §2125.

Me. R. Uni. Crim. P. 66

Last amended effective November 2, 2016.