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CHAPTER 205
WITNESSES
SUBCHAPTER 1
GENERAL PROVISIONS
§1311. Recognizance of witnesses
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §49 (RP).
§1312. No fees to state witnesses
No costs shall be taxed for witnesses before the grand jury in a case where no bill is found nor in
complaints against towns for defect of road, unless they were admitted to bail so to attend or were
subpoenaed by order of the grand jury or at the request of the prosecuting officer; nor is it necessary to
tender fees to witnesses subpoenaed in behalf of the State. [PL 1965, c. 356, §50 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §50 (AMD).
§1313. Punishment of state witness for nonattendance
Whoever, having been subpoenaed as a witness in behalf of the State before any court or grand
jury, without reasonable cause fails to appear at the time and place designated in the subpoena, if he is
not punished therefor as for contempt, is guilty of a Class E crime. [PL 1979, c. 663, §105 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §51 (AMD). PL 1979, c. 663, §105 (AMD).
§1314. No witness fees until 2nd or 3rd day in continued cases
No fees in criminal cases continued after the first term shall be allowed to witnesses on the part of
the State until the 2nd day of the term in Hancock, Oxford, Franklin, Piscataquis and Aroostook; nor
until the 3rd day in any other county, unless they were summoned at an earlier day. In all criminal
cases, previous to the determination thereof, the court may allow such costs for justices, officers, aids,
jurors and witnesses, as are provided by law, to be paid from the county treasury; but no court or judge
shall allow any charge for aid or other expenses of the officer in serving a warrant, except his stated
fees for service and travel unless, on his examination upon oath or on other evidence, they find such
additional charges reasonable.
§1314-A. Compelling evidence in criminal or juvenile proceedings; immunity
In any criminal proceeding before a court or grand jury, or in any juvenile proceeding before a
court, if a person refuses to answer questions or produce evidence of any kind on the ground that the
person may be incriminated thereby, and if the attorney for the State, in writing and with the written
approval of the Attorney General or, in the event the prosecution is being conducted by the office of
the district attorney, the written approval of either the Attorney General or the district attorney for that
district, requests the court to order that person to answer the questions or produce the evidence, and the
court after notice to the witness and hearing orders, unless the court finds to do so would be clearly
contrary to the public interest, that person shall comply with the order. After complying, and if, but for
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this section, that person would have had the right to withhold the answers given or the evidence
produced by that person, that person may not be prosecuted or subjected to penalty, forfeiture or
adjudication for or on account of any transaction, matter or thing concerning which, in accordance with
the order, that person gave answer or produced evidence. Failure to answer questions or produce
evidence as ordered by the court following notice and hearing constitutes contempt of court. The person
may nevertheless be prosecuted or subjected to penalty, forfeiture or adjudication for any perjury, false
swearing or contempt committed in answering, or failing to answer, or in producing or failing to
produce evidence, in accordance with the order. [PL 2003, c. 162, §1 (AMD).]
SECTION HISTORY
PL 1967, c. 526 (NEW). PL 1985, c. 386, §1 (AMD). PL 2003, c. 162, §1 (AMD).
§1315. Self-incrimination; failure to testify; husband or wife as witness
In all criminal trials, the accused shall, at his own request but not otherwise, be a competent witness.
He shall not be compelled to testify on cross-examination to facts that would convict, or furnish
evidence to convict him of any other crime than that for which he is on trial. The fact that he does not
testify in his own behalf shall not be taken as evidence of his guilt. The husband or wife of the accused
is a competent witness except in regard to marital communications. [PL 1969, c. 333 (AMD).]
SECTION HISTORY
PL 1969, c. 333 (AMD).
§1316. Depositions
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §52 (RP).
§1317. List of witnesses
The Attorney General, district attorney or foreperson of the grand jury shall swear or affirm, in
presence of the jury, all witnesses who are to testify before them, and a list thereof, stating the cases in
which they testify, must be returned into the court by the foreperson before the jury is discharged and
filed and entered on record by the clerk. The clerk may not make such list public until the criminal
cases at such terms have been tried or otherwise disposed of. [PL 2003, c. 299, §3 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD). PL 2003, c. 299, §3 (AMD).
§1318. Prosecuting attorneys
For purposes of this chapter, the term "prosecuting attorney" means: [PL 1979, c. 663, §106
(AMD).]
1. Attorney General. "Attorney General" where a criminal prosecution is brought by the Attorney
General; and
[PL 1975, c. 775, §1 (NEW).]
2. District Attorney. "District Attorney" where a criminal prosecution is brought by a District
Attorney.
[PL 1975, c. 775, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 775, §1 (NEW). PL 1979, c. 663, §106 (AMD).
§1319. Authorization of payments by a prosecuting attorney
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For purposes of this chapter, when a prosecuting attorney is permitted to authorize payment of fees
or expenses incurred on behalf of the State in a criminal prosecution, payment of those fees and
expenses must be made by the proper authorities to the persons, municipalities or agencies to whom
the payment is authorized upon certification to those authorities by the prosecuting attorney or the
prosecuting attorney's designee that the payment is reasonable and necessary to the prosecution of a
given criminal case. Payment may be made from the Extradition and Prosecution Expenses Account
established in section 224‑A. [PL 2013, c. 566, §4 (AMD).]
SECTION HISTORY
PL 1975, c. 775, §1 (NEW). PL 2013, c. 566, §4 (AMD).
§1320. Authorization of payment of witness fees of state witnesses in criminal prosecutions
In all criminal prosecutions in the Superior Court, payment of witness fees for state witnesses, fees
and expenses payable on account of the services of police officers as witnesses and as complainants,
and fees and expenses payable on account of the services of police officers in serving criminal process
shall be made upon authorization by the prosecuting attorney or his designee. The amount of the fees
and expenses shall be determined in accordance with these statutes. [PL 1975, c. 775, §1 (NEW).]
1. Payments. Payments made under this section must be made first from the Extradition and
Prosecution Expenses Account established in section 224‑A and, if there are insufficient funds in that
account, next from the county treasury upon authorization of the prosecuting attorney, unless otherwise
expressly directed by law. Payments from the county treasury must be made from the sums set aside
in the county budget for the payments on account of Superior Court criminal proceedings.
[PL 2013, c. 566, §5 (AMD).]
2. Expenditures. In fixing the amount of direct expenditures by the counties in calendar year
1975 for the support of the Superior Court pursuant to Title 4, section 118, the Treasurer of State shall
not consider sums expended in criminal prosecutions in the Superior Court on account of witness fees
for state witnesses, fees and expenses payable on account of the services of police officers as witnesses
and as complainants, and fees and expenses payable on account of the services of police officers in
serving criminal process.
[PL 1975, c. 775, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 775, §1 (NEW). PL 1977, c. 63 (AMD). PL 2013, c. 566, §5 (AMD).
§1321. Child witnesses in certain sex crime cases
1. Testimony of a child outside the presence of the defendant. Upon motion by the State prior
to trial and with reasonable notice to the defendant, a court may allow a child who is 14 years of age or
younger to testify outside the presence of the defendant pursuant to this section in a criminal proceeding
concerning a crime under Title 17‑A, chapter 11 or 12 in which the child is the alleged victim.
[PL 2021, c. 395, §1 (NEW).]
2. Requirements for direct testimony outside the presence of the defendant. Direct testimony
of a child outside the presence of the defendant under subsection 1 must meet the following
requirements:
A. The testimony must be conducted by way of 2-way closed-circuit television or other audiovisual
electronic means; [PL 2021, c. 395, §1 (NEW).]
B. The testimony must occur at a recognized children's advocacy center with only a victim or
witness advocate present in the room in which the child is testifying; [PL 2021, c. 395, §1
(NEW).]
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C. The opportunity for real-time cross-examination of the child must be provided to the defendant's
attorney after the child's direct testimony; and [PL 2021, c. 395, §1 (NEW).]
D. The defendant must be able to observe the testimony of the child while the child is testifying
and must be able to communicate with the defendant's attorney while the child is testifying. [PL
2021, c. 395, §1 (NEW).]
[PL 2021, c. 395, §1 (NEW).]
3. Exception. This section does not apply if the defendant is an attorney pro se or if the positive
identification of the defendant is required.
[PL 2021, c. 395, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 395, §1 (NEW).
SUBCHAPTER 2
COSTS AND FEES
§1361. Summons to witnesses
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §53 (RP).
§1362. Costs and fees for complainants
No costs shall be allowed by such judge to complainants in any capacity; but this shall not prevent
the allowance of their fees as officers to police officers and constables or for their municipalities when
such police officers or constables are paid a salary or are paid upon a per diem basis by such
municipalities and such officers or constables complain under authority of their municipalities or it is
made their duty to do so. No witness shall be allowed in a criminal case for more than one travel, or for
travel and attendance in more than one case at the same time before any judicial tribunal.
§1363. Limitation of costs and fees in criminal cases
No complainant or witness shall be allowed fees, travel and attendance in a criminal case for more
than one complaint on any one day when there are other complaints against the same respondent arising
out of the same transaction before any judicial tribunal.
SUBCHAPTER 3
OUT-OF-STATE WITNESSES
§1411. Short title
This subchapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from without
a State in Criminal Proceedings."
§1412. Definitions
As used in this subchapter, the following words shall have the following meanings:
1. State. "State" shall include any territory of the United States and District of Columbia.
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2. Summons. "Summons" shall include a subpoena, order or other notice requiring the appearance
of a witness.
3. Witness. "Witness" shall include a person whose testimony is desired in any proceeding or
investigation by a grand jury or in a criminal action, prosecution or proceeding.
§1413. Summons to testify in another state
If a judge of a court of record in any state, which by its laws has made provision for commanding
persons within that state to attend and testify in this State, certifies under the seal of such court that
there is a criminal prosecution pending in such court or that a grand jury investigation has commenced
or is about to commence, that a person being within this State is a material witness in such prosecution
or grand jury investigation and that his presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court of record in the county in which such person is,
such judge shall fix a time and place for a hearing and shall make an order directing the witness to
appear at a time and place certain for the hearing.
If at a hearing the judge determines that the witness is material and necessary, that it will not cause
undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury
investigation in the other state, and that the laws of the state in which the prosecution is pending, or
grand jury investigation has commenced or is about to commence, and of any other state through which
the witness may be required to pass by ordinary course of travel, will give to him protection from arrest
and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate
attached, directing the witness to attend and testify in the court where the prosecution is pending or
where a grand jury investigation has commenced or is about to commence at a time and place specified
in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated
therein.
If said certificate recommends that the witness be taken into immediate custody and delivered to
an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu
of notification of the hearing, direct that such witness be forthwith brought before him for said hearing.
The judge at the hearing being satisfied of the desirability of such custody and delivery, for which
determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing
subpoena or summons, order that said witness be forthwith taken into custody and delivered to an
officer of the requesting state.
If the witness, who is summoned as provided, after being paid or tendered by some properly
authorized person the sum of 10¢ a mile for each mile by the ordinary traveled route to and from the
court where the prosecution is pending and $5 for each day that he is required to travel and attend as a
witness, fails without good cause to attend and testify as directed in the summons, he shall be punished
in the manner provided for the punishment of any witness who disobeys a summons issued from a court
of record in this State.
§1414. Summons to testify in this State
If a person in any state, which by its laws has made provision for commanding persons within its
borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about
to commence in this State, is a material witness in a prosecution pending in a court of record in this
State or in a grand jury investigation which has commenced or is about to commence, a judge of such
court may issue a certificate under the seal of the court stating these facts and specifying the number of
days the witness will be required. Said certificate may include a recommendation that the witness be
taken into immediate custody and delivered to an officer of this State to assure his attendance in this
State. This certificate shall be presented to a judge of a court of record within whose territorial
jurisdiction the witness is found.
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If the witness is summoned to attend and testify in this State, he shall be tendered the sum of 10¢ a
mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending
and $15 for each day that he is required to travel and attend as a witness. In addition, such witness,
upon submission of proper vouchers to the court, may be allowed reasonable allowance for meals and
lodging at the discretion of the presiding justice. A witness who has appeared in accordance with the
summons shall not be required to remain within this State a longer period of time than the period
mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into
this State, fails without good cause to attend and testify as directed in the summons, he shall be punished
in the manner provided for the punishment of any witness who disobeys a summons issued from a court
of record in this State.
§1415. Exemption from arrest and service of process
If a person comes into this State in obedience to a summons directing him to attend and testify in
this State he shall not while in this State pursuant to such summons be subject to arrest or the service
of process, civil or criminal, in connection with matters which arose before his entrance into this State
under the summons.
If a person passes through this State while going to another state in obedience to a summons to
attend and testify in that state or while returning therefrom, he shall not while so passing through this
State be subject to arrest or the service of process, civil or criminal, in connection with matters which
arose before his entrance into this State under the summons.
SUBCHAPTER 4
PRISONERS AS WITNESSES
§1461. Definitions
As used in this subchapter: [PL 1967, c. 317 (NEW).]
1. Penal institutions. "Penal institutions" includes a jail, prison, penitentiary, house of correction
or other place of penal detention.
[PL 1967, c. 317 (NEW).]
2. State. "State" includes any state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico and any territory of the United States.
[PL 1967, c. 317 (NEW).]
3. Witness. "Witness" means a person who is confined in a penal institution in any state and whose
testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in
any criminal action before a court.
[PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1462. Summons to testify in another state
A judge of the state court of record in another state, which by its laws has made provision for
commanding persons confined in penal institutions within that state to attend and testify in this State,
may certify that there is a criminal proceeding or investigation by a grand jury or a criminal action
pending in the court, that a person who is confined in a penal institution in this State may be a material
witness in the proceeding, investigation or action, and that his presence will be required during a
specified time. Upon presentation of the certificate to any judge having jurisdiction over the person
confined, and upon notice to the Attorney General, the judge in this State shall fix a time and place for
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a hearing and shall make an order directed to the person having custody of the prisoner requiring that
the prisoner be produced before him at the hearing. [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1463. Court order
If at the hearing the judge determines that the witness may be material and necessary, that his
attending and testifying are not adverse to the interests of this State or to the health or legal rights of
the witness, that the laws of the state in which he is requested to testify will give him protection from
arrest and the service of civil and criminal process because of any act committed prior to his arrival in
the state under the order, and that as a practical matter the possibility is negligible that the witness may
be subject to arrest or to the service of civil or criminal process in any state through which he will be
required to pass, the judge shall issue an order, with a copy of the certificate attached, directing the
witness to attend and testify, directing the person having custody of the witness to produce him, in the
court where the criminal action is pending, or where the grand jury investigation is pending, at a time
and place specified in the order, and prescribing such conditions as the judge shall determine. [PL
1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1464. Terms and conditions
The order to the witness and to the person having custody of the witness shall provide for the return
of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial
reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production
and return of the witness, and may prescribe such other conditions as the judge thinks proper or
necessary. The order shall not become effective until the judge of the state requesting the witness enters
an order directing compliance with the conditions prescribed. [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1465. Exceptions
This subchapter does not apply to any person in this State confined as mentally ill. [PL 1967, c.
317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1466. Summon to testify in this State
If a person confined in a penal institution in any other state may be a material witness in a criminal
action pending in a court of record or in a grand jury investigation in this State, a judge of the court
may certify that there is a criminal proceeding or investigation by a grand jury or a criminal action
pending in the court, that a person who is confined in a penal institution in the other state may be a
material witness in the proceeding, investigation or action, and that his presence will be required during
a specified time. The certificate shall be presented to a judge of a court of record in the other state
having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the
state in which the prisoner is confined. [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
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§1467. Compliance
The judge of the court in this State may enter an order directing compliance with the terms and
conditions prescribed by the judge of the state in which the witness is confined. [PL 1967, c. 317
(NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1468. Exemption from arrest and service of process
If a witness from another state comes into or passes through this State under an order directing him
to attend and testify in this or another state, he shall not while in this State pursuant to the order be
subject to arrest or the service of process, civil or criminal, because of any act committed prior to his
arrival in this State under the order. [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1469. Uniformity of interpretation
This subchapter shall be so construed as to effectuate its general purpose to make uniform the law
of those states which enact it. [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1470. Short title
This subchapter may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal
Proceedings Act." [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
§1471. Severability clause
If any provision of this subchapter or the application thereof to any person or circumstance is held
invalid, the invalidity shall not affect other provisions or applications of the subchapter which can be
given effect without the invalid provision or application, and to this end the provisions of this
subchapter are severable. [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
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