Rule 72 – Discovery

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 specify the appropriate means of discovery, provided that depositions shall be ordered only pursuant to Rule 15.
(b) Discovery From Former Defense Counsel. If ineffective assistance of counsel is a ground of the petition and the respondent needs discovery from that defense counsel, the respondent may move for discovery, including an order requiring defense counsel to answer questions intended to allow the respondent to evaluate and respond to the petitioner’s assertions of ineffective assistance. The motion shall state the nature of the disclosure sought and why it is needed. The motion shall be granted by the court for good cause shown. If leave for discovery is granted, the court shall specify the means, scope, and timing of discovery to be employed.

Me. R. Uni. Crim. P. 72

Last amended effective November 2, 2016.