Rule 71 – Response

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) Enlargement of Time to File. Notwithstanding the filing deadlines imposed pursuant to Rule 70(c), subdivision (c) of this Rule, or Rule 72A(b)(3), additional time may be granted by the court for cause shown, before or after the time has expired, with or without motion and notice.
(c) Contents of Response. Except as otherwise provided herein, the response must answer each of the grounds asserted in the petition. In addition, it must state whether any ground in the petition fails to satisfy one or more of the five statutory prerequisites to an adjudication on the merits identified in Rule 66. As to any such allegedly barred ground, the respondent may, in lieu of addressing its substantive merits in the response, move for its dismissal as part of the response. The court, upon review of the filed response, may order the respondent to supplement its filed response by addressing the merits of any allegedly barred ground and set the time within which the supplemental response is to be filed. Other than in the context of moving to dismiss a ground, the response shall not include argument, citation, and discussion of legal authorities, but they may be filed in a separate document.
(d) Materials Attached to or Filed With Response. Respondent must attach to its response or file with its response whatever further documents or other materials it is relying upon in support of any allegation of a barred ground. Respondent is encouraged to also include whatever further documents or other materials it believes may assist the court in adjudicating any nonbarred ground on the merits.

Me. R. Uni. Crim. P. 71

Last amended effective November 2, 2016.