Bill > LD1780

This bill establishes a comprehensive procedure for defendants to obtain pretrial statements from witnesses other than themselves in criminal proceedings. The bill allows defendants to request statements from individuals with relevant information by serving a written notice at least 14 days before the scheduled statement, which must include details about the time, place, and method of recording (such as audio, video, or stenographic means). A subpoena must accompany the notice to secure the witness's presence, and for cases involving domestic violence, special provisions require notices to be served through the District Attorney's office and statements to be taken using "hybrid means" (remote communication technologies) unless a safe in-person location can be arranged. The bill provides specific protections and procedures, including the ability for witnesses to terminate a statement if it is being conducted in bad faith or is unnecessarily embarrassing. If a witness fails to appear after being properly served, the defendant can request a court order barring that witness from testifying on the noticed topics. The bill also includes provisions for court hearings to determine whether witnesses should be barred from testifying, with a clear standard of clear and convincing evidence. Importantly, any witness barred under this procedure cannot testify in future criminal proceedings involving the same alleged conduct, ensuring significant consequences for non-compliance.

Justice

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1780&snum=132