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ME · rules

M.R. Civ. P. 43

TAKING OF TESTIMONY

activein force · 2026-06-01 – presentact-effective-date

(a) Form. In every trial, the testimony of witnesses shall be taken in open

court, unless a statute, these rules or the Rules of Evidence provide otherwise.

The court may, on its own motion or for good cause shown upon appropriate

safeguards, permit presentation of testimony in open court by

contemporaneous transmission from a different location. All evidence shall be

admitted which is admissible under the statutes of this state, or under the rules

of evidence applied in the courts of this state.

(b) Scope of Examination and Cross-Examination [Abrogated].

(c) Record of Excluded Evidence [Abrogated].

(d) Affirmation in Lieu of Oath. Whenever under these rules an oath is

required to be taken, a solemn affirmation may be accepted in lieu thereof.

(e) Evidence on Motions. When a motion is based on facts not appearing

of record the court may hear the matter on affidavits presented by the

respective parties, but the court may direct that the matter be heard wholly or

partly on oral testimony or depositions.

(f) Copies of Deeds [Abrogated].

(g) Copies of Corporate Records. Copies of any votes or other records

upon the books of a corporation or of any papers in its files may, when attested

by its clerk, be received in evidence unless it appears that the adverse party has

been denied access to the originals at reasonable hours.

(h) Notice to Produce. No evidence of the contents of a writing in the

hands of an adverse party will be admitted unless previous notice to produce

the writing at trial has been given, nor shall counsel be allowed to comment

upon a refusal to produce it without first proving such notice.

(i) 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.

(j) Order of Evidence. A party who has rested cannot thereafter introduce

further evidence except in rebuttal unless by leave of court.

(k) Attorneys as Bail or Witnesses [Abrogated].

(l) Interpreters. The court may appoint a disinterested interpreter of its

own selection, including an interpreter for the deaf, and may fix the

interpreter’s reasonable compensation. The compensation shall be paid out of

funds provided by law or by one or more of the parties as the court may direct,

and may be taxed ultimately as costs, in the discretion of the court. Interpreters

shall be appropriately sworn.

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
916051d4345f0e3e785b807d07c984b3f8f3044cc05001a90a0aeebd52ea9934
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M.R. Civ. P. 43 — TAKING OF TESTIMONY · binding.law