Maine § 15 §2129 Petition and procedure

Maine Statutes

§ 15 §2129 — Petition and procedure

Maine·Title 15 COURT PROCEDURE -- CRIMINAL·Part 4 JUDGMENT AND PROCEEDINGS·Ch. 305-A POST-CONVICTION REVIEW

1.Filing of petition. Petitions shall be filed as follows.

2.Assignment of case.

3.Representation of respondent. In all proceedings for postconviction review, the State may be represented by the prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices.

4.Bail pending disposition of petition. Pending final disposition, the assigned justice or judge may order the release of the petitioner on bail at such time and under such circumstances and conditions as the Supreme Judicial Court provides by rule.

5.Procedure in proceedings pursuant to this chapter. In all respects not covered by statute, the procedure in p

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1.
Filing of petition.
Petitions shall be filed as follows.
2.
Assignment of case.
3.
Representation of respondent.
In all proceedings for postconviction review, the State may be represented by the prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices.
4.
Bail pending disposition of petition.
Pending final disposition, the assigned justice or judge may order the release of the petitioner on bail at such time and under such circumstances and conditions as the Supreme Judicial Court provides by rule.
5.
Procedure in proceedings pursuant to this chapter.
In all respects not covered by statute, the procedure in proceedings under this chapter is as the Supreme Judicial Court provides by rule.
6.
Amendment to petition.
7.
Representation of respondent.
8.
Response.
9.
Discovery.
10.
Determination by court; hearing.
11.
Bail pending dispostion of petition.

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Legislative History

PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §5 (RPR). PL 1983, c. 688, §9 (AMD). PL 1985, c. 209, §4 (AMD). PL 1985, c. 556, §3 (AMD). PL 1991, c. 622, §D (AMD). PL 2003, c. 29, §§3-5 (AMD). PL 2011, c. 601, §12 (AMD). RR 2023, c. 2, Pt. D, §79 (COR).