Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
032 - OFFICE OF SECURITIES
Chapter 540 - ADJUDICATORY PROCEEDINGS RULE
Section 032-540-16 - Witnesses

Universal Citation: 02 ME Code Rules ยง 032-540-16

Current through 2024-38, September 18, 2024

1. Examination

A. After a witness is sworn, the parties may conduct direct examination, cross-examination, re-direct examination, and re-cross examination. Further examination by the parties is permissible only if the Administrator or presiding officer so directs in the exercise of his/her discretion.

B. The Administrator or presiding officer may conduct his/her own examination of a witness at any time during the testimony of that witness.

2. Limitations. The Administrator or presiding officer may limit the number of witnesses and/or the extent of witness testimony.

3. Fifth Amendment. A witness' invocation of the Fifth Amendment privilege against self-incrimination must be stated by the witness on the record and not by the attorney for the witness. The Administrator or presiding officer may take any adverse inference from a witness' invocation of that privilege as warranted by law.

4. Immunity. The Administrator or presiding officer does not grant any kind of immunity to any witness in connection with any of that witness' proposed testimony.

5. Sequestration

A. Upon request by any party, or on his/her own initiative, the Administrator or presiding officer may in his/her discretion exclude witnesses other than parties from the hearing room when those witnesses are not testifying.

B. A party that is not a natural person may designate an individual as its representative to remain in the hearing room, even though that individual may also be a witness.

C. The Administrator or presiding officer may order the witnesses, parties, their counsel, and any person under their direction not to disclose to any sequestered witness the substance of the testimony, exhibits, or other evidence introduced during the witness' absence.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.