Rule 509 - Identity of Informer(a) Rule of privilege and definitions.(1)Rule of privilege. The United States, a state or subdivision thereof, or any foreign country has a privilege to refuse to disclose the identity of an informant. (2) Definitions. As used in this rule, an "informant" is a person who has furnished information relating to or assisting in an investigation of a possible violation of law to: (A) A law enforcement officer conducting an investigation; or (B) A member of a legislative committee or its staff conducting an investigation. (b) Who may claim the privilege. An authorized representative of the public entity that received the information may claim the privilege. (c) Exceptions. The privilege of the identity of an informant does not apply if: (1) The informant's identity or his or her interest in the investigation has already been revealed to those who might resent the communication; or (2) The informant appears as a witness for the state. (d) Testimony on relevant issue. If it appears that an informant may be able to give relevant testimony in a civil or criminal case to which a public entity is invokes the privilege:(1) The court may give the public entity an opportunity to show, in camera and on the record, whether the informant can, in fact, supply the relevant testimony. The showing may be in the form of affidavits or, if the court finds that the matter cannot be satisfactorily resolved with affidavits, through testimony. (2) If the court finds that there is a reasonable probability that the informer can give relevant testimony, the court may, either on its own or on motion of a party, enter an order requiring the public entity to disclose the identity of the informant within a specific time and providing relief to other parties in the event the public entity elects not to disclose the identity of the informant within the time specified. (A) In a criminal case, the relief may include one or more of the following: (i) Granting the defendant additional time or a continuance; (ii) Relieving the defendant from making disclosures otherwise required; (iii) Prohibiting the prosecution from introducing certain evidence; and (iv) Dismissing the charges. (B) In a civil case, the court may provide any relief required in the interests of justice. (C) When ordering relief, the court shall ensure that:(i) Evidence submitted to the court must be sealed and preserved for appeal; (ii) A docket entry specifying the form, but not the content, of the evidence must be made; and(iii) All counsel and parties may be present at every stage of the proceedings under this rule, except that, at a showing in camera, only counsel for the public entity may be present.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine Rule 509 has been restyled in accordance with the federal restyling conventions, and, as part of this process, the Committee has proposed some minor, nonsubstantive changes to clarify the Rule.
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