ME · rules
M.R.U. Crim. P. 26
EVIDENCE
(a) Form. In all trials the testimony of witnesses shall be taken orally
in open court, unless otherwise provided by these Rules, the Maine Rules of
Evidence, or other rules adopted by the Supreme Judicial Court.
(b) 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.
(c) Order of Evidence. A party who has rested a case cannot thereafter
produce further evidence except in rebuttal unless by leave of court.
(d) Attorney Not to Be Witness. No attorney shall be permitted to be
a witness for his or her client before a jury without special permission of the
court.
(e) Allegation of Prior Conviction; Procedure. In a trial to a jury in
which the prior conviction is for a crime that is identical to the current principal
crime or is sufficiently similar that knowledge of the fact that the defendant has
been convicted of the prior crime may, in the determination of the presiding
justice, unduly influence the ability of the jury to determine guilt fairly, that
portion of the charge alleging the prior conviction shall not be read to a jury
until after conviction of the principal crime, nor shall the defendant be tried on
the issue of whether he or she was previously convicted until after conviction
of the principal crime, unless the prior conviction has been admitted into
evidence for another reason. The jury that found the defendant guilty of the
current principal crime shall determine whether the defendant was convicted
of the prior alleged crime unless that jury has been discharged before the filing
of an amended indictment, if required to charge the prior conviction.
(f) Marking of Exhibits; Insurance for Valuable Exhibits. The
parties shall mark their exhibits before trial or hearing or during a recess. A
party who offers a valuable exhibit shall be responsible for procuring insurance
for it.
(g) Election by Unrepresented Defendant. In a trial involving an
unrepresented defendant, the court shall (A) advise an unrepresented
defendant, out of the presence of the jury, of the necessity of choosing between
exercising the right to remain silent and exercising the right to testify; (B)
ensure that the defendant understands these alternative rights; and (C) give the
defendant the opportunity to make an election between them. If the
defendant elects to testify, the court shall advise the defendant how and when
the right to testify may be exercised.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
3324ecde0c18bb644e1cc8ed8b4c6f4fb9ec6e43e8d476826a95c8259f9011d9
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.