Public Laws

Chapter 539

H.P. 1651 - L.D. 2289

PART JJ

Sec. JJ-1. 4 MRSA §4, sub-§3, ¶A,  as enacted by PL 1983, c. 853, Pt. C, §§4 and 18, is amended to read:

Sec. JJ-2. 4 MRSA §157, sub-§5,  as repealed and replaced by PL 1983, c. 863, Pt. B, §§7 and 45, is amended to read:

Sec. JJ-3. 4 MRSA §653  is amended to read:

§ 653.  Authentication of evidence

In all cases coming before the law court Law Court from the Supreme Judicial Court or from the Superior Court in which a copy of the evidence is required by statute, rule of court or order of the presiding justice, a certificate signed by the Official Court Reporter or a transcriber of an electronically recorded record, stating that the report furnished by him the reporter or transcriber is a correct transcript of his the reporter's stenographic notes or the electronically recorded record of the testimony and proceedings at the trial of the cause, shall be is a sufficient authentication thereof of the reporter's stenographic notes or the electronically recorded record without the signature of the presiding justice.

Sec. JJ-4. 4 MRSA §655  is amended to read:

§ 655.  Testimony proved by certified copy of notes or transcript of former testimony

Whenever it becomes necessary in any court in the State to prove the testimony of a witness at the trial of any former case in any court in the State, the certified copy of the notes of such testimony, taken by the Official Court Reporter at the court where said the witness testified, or the transcript created by a transcriber of the electronically recorded record made at the court where the witness testified, is evidence to prove the same witness's testimony.

Sec. JJ-5. 4 MRSA §656  is amended to read:

§ 656.  Stenographic reports, transcripts taxed in bill of costs

Any amount legally chargeable by Official Court Reporters for writing out their reports or for transcribers for creating transcripts from the electronically recorded records for use in civil actions and actually paid by either party whose duty it is to furnish them the reports or records may be taxed in the bill of costs and allowed against the losing party, as is now allowed for copies, if furnished by the clerk.

Sec. JJ-6. 15 MRSA §454,  as amended by PL 1979, c. 663, §91, is further amended to read:

§ 454.  Murder or felony murder; filing copies of proceedings; expenses

Whenever any person is convicted of murder or felony murder, a copy of the Maine Rules of Criminal Procedure, Rule 11, if applicable, trial testimony and charge of the presiding justice, certified by the Official Court Reporter who created a transcript of the reporter’s stenographic notes or the transcriber who created a transcript from the electronically recorded record, shall must be filed with the clerk of the court where that trial is held, and the expense thereof shall for the transcript must be paid by the State. A copy of the Maine Rules of Criminal Procedure, Rule 11, if applicable, trial testimony and charge of the presiding justice, certified by the Official Court Reporter who created a transcript of the reporter’s stenographic notes or the transcriber who created a transcript from the electronically recorded record, shall must be furnished by the clerk of court to the Secretary of State at no charge for use in any pardon hearing before the Governor, when the individual is indigent.

Sec. JJ-7. 16 MRSA §251, first ¶,  as amended by PL 1985, c. 384, §6, is further amended to read:

Witnesses, other than law enforcement officers testifying in their official capacity, in the Supreme Judicial Court, the Superior Court, the District Court or in the Probate Court, unless the court shall otherwise order orders, shall must receive $10, and before referees, auditors or commissioners specially appointed to take testimony or special commissioners on disputed claims appointed by Probate Courts, $10, or before the county commissioners, $10 for each day's attendance and 22¢ a mile for each mile's travel going and returning home. The party calling the witness shall pay the witness. Payments made under this section to witnesses called on behalf of the State must be made from the county treasury upon authorization of the prosecuting attorney, unless otherwise directed by law. The court in its discretion may allow at the trial of any cause, civil or criminal, in the Supreme Judicial Court, the Superior Court or the District Court, a reasonable sum for each day's attendance of any expert witness or witnesses at the trial, in taxing the costs of the prevailing party, and the expense of all expert witnesses for the State in murder cases shall must be paid by the State and charged against the appropriation for the Department of the Attorney General. Such party or his the attorney of record shall first file an affidavit within 30 days after entry of judgment and before the cause is settled, stating the name, residence, number of days in attendance and the actual amount paid or to be paid each expert witness in attendance at such trial. No more than $10 per day may be allowed or taxed by the clerk of courts in the costs of any civil action for the per diem attendance of a witness, unless the affidavit is filed, and the per diem is determined and allowed by the presiding justice.

Sec. JJ-8. General Fund savings; judicial branch. Notwithstanding any other provision of law, the State Court Administrator shall adjust the Personal Services and All Other line categories to achieve the amount of projected savings in Part A in the judicial branch related to maintaining costs within available resources and shall transfer the amounts by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

Sec. JJ-9. Judicial revenues. The State Court Administrator shall establish a fee for summary judgment motions of $200 beginning in fiscal year 2008-09.

Sec. JJ-10. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 16, section 251, first paragraph takes effect July 1, 2009.