ME · rules
M.R. Civ. P. 43
TAKING OF TESTIMONY
(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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