Rule 413 - Protection of Privacy in Court Proceedings(a) Evidence of the identity, address, employment or location of any person must be excluded if such person requests the exclusion of such evidence and: (1) The court is notified that there is a court order in effect that prohibits contact between such person and another person; or(2) It is alleged under oath, orally or in writing, that such person's health, safety or liberty would be jeopardized by the disclosure of such information, and the court determines that disclosure of such information would jeopardize such person as alleged unless the court finds that such evidence is of a material fact essential to the determination of the proceeding. (b) The court must conduct all proceedings to determine the admissibility of evidence under this rule in a manner so as not to disclose the information sought to be excluded, unless the court finds that a party's right to due process and a fair hearing would be violated if the information is not disclosed. (c) If the court determines that information otherwise inadmissible under this Rule must be admitted as evidence of a material fact essential to the determination of the proceedings, the court must receive such evidence in camera. In child protective proceedings pursuant to Title 22, Chapter 1071 of the Maine Revised Statutes, such evidence must also be received outside of the presence of any person, and the attorney of any person, who: (1) Is subject to a court order prohibiting contact with the person requesting exclusion of the evidence; or(2) Constitutes a risk to the health, safety, or liberty of the person requesting exclusion of the evidence. (d) Persons who may object to the admission of evidence under this rule include: (1) Parties to the proceeding; (4) Any person called as a witness; (6) Any person, who, although not a witness or party, is a subject of the proceeding, such as a child or a protected person.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Federal Rules 413-415 have not been adopted in Maine. In place of Federal Rule 413, Maine has adopted Maine Rule 413 pursuant to legislative directive. Because there is no Federal Rule with which to maintain consistency, restyling has been limited to applying the federal restyling conventions to the Maine Rule as adopted.
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