H.P. 180 - L.D. 235
An Act to Require the Courts to Accept Civil Orders of Arrest on Any Day Court is in Session
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §3135, first ¶, as repealed and replaced by PL 1987, c. 184, §18, is amended to read:
A civil order of arrest issued under section 3134, subsection 1, or section 3136, shall must direct the sheriff to arrest the individual named in the order and bring the individual to a hearing on any day the days or date specified court is in the civil order of arrest session. In the case of a nonindividual debtor, a the civil order of arrest shall issue must be issued for the arrest of any officer, director or managing agent of the debtor or other agent appointed by the debtor to accept service and who was served with the disclosure subpoena.
Sec. 2. 14 MRSA §3135, 3rd ¶, as enacted by PL 1987, c. 184, §18, is amended to read:
After the judment judgment debtor is brought to the court, the clerk shall promptly notify the judgment creditor or his the judgment creditor's attorney of record in person or by telephone that his the presence of one of them is required for a hearing. If a disclosure or contempt hearing cannot be held that day due to the inability of the judgment creditor or his the judgment creditor's attorney to appear or due to the absence of the judge or the inability of the court to hear the matter because of other business, the court or clerk shall release the debtor upon his the debtor's personal recognizance for his appearance on a date certain. If the A debtor who fails to appear for the disclosure or contempt hearing after being released upon his the debtor's personal recognizance, the court may issue additional civil orders of arrest to bring the debtor before the court for hearing commits a Class E crime.
Sec. 3. 14 MRSA §3136, sub-§4, as enacted by PL 1987, c. 184, §19, is amended to read:
4. Failure to appear. If the person sought to be held in contempt fails to appear after being duly served with a contempt subpoena and the judgment creditor appears at the time and place named in the subpoena, upon the request of the judgment creditor, the judge shall issue a civil order of arrest directing the sheriff to arrest the person and bring the person to the court on any day the days or date specified court is in the civil order of arrest session. In the case of a nonindividual, a the civil order of arrest shall must be issued for the arrest of any officer, director or managing agent who was served with the contempt subpoena.
Effective June 26, 1997, unless otherwise indicated.
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