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Home/State Laws/Maine

Maine Mock Trial Rules

Northeast

ME · Capital: Augusta

Evidence Rules

Maine Rules of Evidence

Citation: M.R. Evid. [rule number]

Key Differences from Federal Rules of Evidence

  • Maine Rule 803(24) retains a broader catch-all hearsay exception than FRE 807
  • Rule 702 applies a modified Daubert standard with emphasis on general acceptance within the scientific community
  • Maine does not follow the FRE rule on learned treatises as substantive evidence under Rule 803(18)
  • Character evidence rules under Rule 404 are interpreted more restrictively in domestic cases

Notable Rules

RuleDescription
M.R. Evid. 803(24)Residual hearsay exception allowing statements with circumstantial guarantees of trustworthiness not covered by other exceptions
M.R. Evid. 501Privileges determined by Maine common law and statutory provisions, which differ from federal privilege rules
M.R. Evid. 702Expert testimony governed by a flexible standard combining Daubert reliability factors with Frye general acceptance

Trial Procedure

Civil Procedure

Maine Rules of Civil Procedure (M.R. Civ. P.)

Criminal Procedure

Maine Rules of Criminal Procedure (M.R. Crim. P.)

Key Features

  • Maine uses an Alternative Dispute Resolution (ADR) requirement before most civil trials proceed
  • The state employs a Unified Criminal Docket system consolidating felony and misdemeanor proceedings
  • Maine allows for active judicial case management with early neutral evaluation programs

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

Yes

Unanimity Required

  • Civil jury size can vary from 6 to 12 depending on the type of case and court level
  • Criminal juries of 12 are required for all felony cases with unanimous verdicts
  • Parties in civil cases may stipulate to fewer than 6 jurors by agreement

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Other Northeast States

CT — ConnecticutMA — MassachusettsNH — New HampshireNJ — New JerseyNY — New YorkPA — PennsylvaniaRI — Rhode IslandVT — Vermont
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