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appropriate chief judge or chief justice shall assign the motion to | another any judge or justice. Filing and service must be made in | accordance with Rule 49 of the Maine Rules of Criminal Procedure. |
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| | 1-A.__Response; hearing.__The State shall file a response to | the motion filed pursuant to subsection 1 within 30 days of | receipt of the motion.__The court shall hear the motion no sooner | than 30 days or later than 90 days after the motion is filed | pursuant to subsection 1. |
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| | 2. Preservation of evidence. If a motion is filed under this | chapter, the The court shall order the State to preserve during | the pendency of the proceeding all evidence in the State's | possession or control that could be subjected to DNA analysis for | the period of time that a person remains incarcerated, on | probation, civilly committed or subject to registration as a sex | offender under Title 34-A, chapter 15. The When a motion is | filed pursuant to this chapter, the State shall prepare an | inventory of the evidence and submit a copy of the inventory to | the defense and the court. If evidence is intentionally | destroyed after the court orders its preservation, the court may | impose appropriate sanctions on the responsible party. |
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| | 2-A.__Discovery.__Following the filing of a motion pursuant to | this chapter, the court may: |
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| A.__Order the State to locate and provide the petitioner | filing the motion with any documents, notes, logs or reports | relating to items of physical evidence collected in | connection with the petitioner's case and assist the | petitioner in locating items of biological evidence that the | State contends may have been lost or destroyed.__The court | may order the State to take reasonable measures to locate | biological evidence that may be in the State's custody or to | assist the petitioner in locating evidence that may be in | the custody of a public or private hospital, laboratory or | other facility; |
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| B.__Order the production of laboratory reports, including | the underlying data and notes, that have been prepared in | connection with evidence that has previously been subjected | to DNA analysis; or |
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| C.__Require that, if any DNA analysis or biological evidence | testing was previously conducted by either the State or the | petitioner without the knowledge of the other party, such | analysis or testing be revealed in the motion for analysis | or the response. |
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