Me. R. Civ. P. 43

As amended through February 27, 2023

Rule 43 - Taking of Testimony

(a) Form. In every trial, the testimony of witnesses shall be taken in open court, unless a statute, these rules or the Rules of Evidence provide otherwise. The court may, on its own motion or for good cause shown upon appropriate safeguards, permit presentation of testimony in open court by contemporaneous transmission from a different location. All evidence shall be admitted which is admissible under the statutes of this state, or under the rules of evidence applied in the courts of this state.

(b) Scope of Examination and Cross-Examination [Abrogated].

(c) Record of Excluded Evidence [Abrogated].

(d) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.

(e) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

(f) Copies of Deeds [Abrogated].

(g) Copies of Corporate Records. Copies of any votes or other records upon the books of a corporation or of any papers in its files may, when attested by its clerk, be received in evidence unless it appears that the adverse party has been denied access to the originals at reasonable hours.

(h) Notice to Produce. No evidence of the contents of a writing in the hands of an adverse party will be admitted unless previous notice to produce the writing at trial has been given, nor shall counsel be allowed to comment upon a refusal to produce it without first proving such notice.

(i) Examination of Witnesses. The examination and cross-examination of each witness shall be conducted by one counsel only on each side, except by special leave of court, and counsel shall stand while so examining or cross-examining unless the court otherwise permits. Any re-examination of a witness shall be limited to matters brought out in the last examination by the adverse party except by special leave of court.

(j) Order of Evidence. A party who has rested cannot thereafter introduce further evidence except in rebuttal unless by leave of court.

(k) Attorneys as Bail or Witnesses [Abrogated].

(l) Interpreters. The court may appoint a disinterested interpreter of its own selection, including an interpreter for the deaf, and may fix the interpreter's reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court. Interpreters shall be appropriately sworn.

Me. R. Civ. P. 43

Advisory Committee's Notes

July 1, 2001

Rule 43(a) was originally based on F.R. Civ. P. 43(a). In 1996, F.R. Civ. P. 43(a) was amended. F.R. Civ. P. 43(a) now reads as follows:

(a) Form. In every trial, the testimony of witnesses shall be taken in open court, unless a federal law, these rules, the Federal Rules of Evidence, or other rules adopted by the Supreme Court provide otherwise. The court may, for good cause shown in compelling circumstances and upon appropriate safeguards, permit presentation of testimony in open court by contemporaneous transmission from a different location.

The significant changes in F.R. Civ. P. 43(a), according to the Federal Advisory Committee Notes:

1. Removed the oral testimony requirement to recognize and accommodate the fact that some individuals are not able to present themselves orally; and

2. Modified the open court requirement to permit taking live testimony from remote locations in appropriate circumstances.

M. R. Civ. P. 43(a) is amended to conform to the present Federal Rule to reflect both modern telecommunication capabilities and increased recognition of the need to accommodate witnesses who may have particular challenges in appearing and testifying live.

Advisory Notes - 2004

Rule 43(a) is amended to allow the court upon its own motion or upon a motion of a party, on a showing of good cause, to order that testimony in a hearing be presented by an appropriate method of transmission from a remote location. To make this option more available the "in compelling circumstances" language is deleted from the present rule. The "appropriate safeguards" would include assurances that the testimony is properly sworn; the identity of the individual testifying is confirmed; the witness is subject to the authority of counsel and the court; and the presence of others at the remote location and other environmental factors which could affect the testimony are recognized and, if necessary, controlled.