M.R. Evid. 509

(a) Rule of privilege and definitions.

(1) Rule of privilege. The United States, a state or subdivision thereof,

or any foreign country has a privilege to refuse to disclose the

identity of an informant.

(2) Definitions. As used in this rule, an “informant” is a person who has

furnished information relating to or assisting in an investigation of

a possible violation of law to:

(A) A law enforcement officer conducting an investigation; or

(B) A member of a legislative committee or its staff conducting

an investigation.

(b) Who may claim the privilege. An authorized representative of the

public entity that received the information may claim the privilege.

(c) Exceptions. The privilege of the identity of an informant does not apply

if:

(1) The informant’s identity or his or her interest in the investigation

has already been revealed to those who might resent the

communication; or

(2) The informant appears as a witness for the state.

(d) Testimony on relevant issue. If it appears that an informant may be

able to give relevant testimony in a civil or criminal case to which a public

entity is a party, the public entity may invoke the privilege. If the public

entity invokes the privilege:

(1) The court may give the public entity an opportunity to show, in

camera and on the record, whether the informant can, in fact,

supply the relevant testimony. The showing may be in the form of

affidavits or, if the court finds that the matter cannot be

satisfactorily resolved with affidavits, through testimony.

(2) If the court finds that there is a reasonable probability that the

informer can give relevant testimony, the court may, either on its

own or on motion of a party, enter an order requiring the public

entity to disclose the identity of the informant within a specific time

and providing relief to other parties in the event the public entity

elects not to disclose the identity of the informant within the time

specified.

(A) In a criminal case, the relief may include one or more of the

following:

(i) Granting the defendant additional time or a

continuance;

(ii) Relieving the defendant from making disclosures

otherwise required;

(iii) Prohibiting the prosecution from introducing certain

evidence; and

(iv) Dismissing the charges.

(B) In a civil case, the court may provide any relief required in

the interests of justice.

(C) When ordering relief, the court shall ensure that:

(i) Evidence submitted to the court must be sealed and

preserved for appeal;

(ii) A docket entry specifying the form, but not the content,

of the evidence must be made; and

(iii) All counsel and parties may be present at every stage

of the proceedings under this rule, except that, at a

showing in camera, only counsel for the public entity

may be present.