Maine Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay (a)Statement. ''Statement'' means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
Bar R. 12. The suspended attorney shall pay, in addition to the $25.00 late fee imposed by Rule 6(a)(1), a reinstatement fee of $125.00 unless excused from such reinstatement fee by the Board as a result of its determination that to impose the fee would result in a grave injustice under the circumstances.
In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.
Rule 303 - Presumptions in Criminal Cases (a) Scope. This rule governs the application of statutory and common law presumptions, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt in criminal cases.
Maine Rule 201 is similar, but not identical to Federal Rule 201. In Maine there is no distinction between civil and criminal cases in the effect of judicial notice. In both cases the court instructs the jury that the fact noticed should be accepted as conclusive.
A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
In a civil case, the court may admit evidence of specific instances of sexual behavior by an alleged victim offered to prove an alleged victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.
A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications made for the purpose of diagnosing or treating the patient's physical, mental, or emotional condition, including alcohol or drug addiction, between or among the patient and: (1) The patient's ...