Code of Maine Rules
18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES
185 - STATE CLAIMS COMMISSION
Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES
Section 185-110-35 - Subpoenas and Discovery
Current through 2024-38, September 18, 2024
(A) Any party shall be entitled to require the attendance and testimony of witnesses through the issuance of subpoenas in the name of the Commission. In addition any party shall be entitled upon request to the other party to the production of any evidence relating to any issue of fact in the proceeding to the extent that evidence is not privileged or protected by statute, rule or the United States or Maine Constitutions.
(B) The Commission may prescribe the form of subpoena, but it shall adhere, insofar as practical, to the form used in civil cases before the Courts. Witnesses shall be subpoenaed only within the territorial limits, and in the same manner as witnesses in civil cases before the Courts, unless another territory or manner is provided bylaw. Witnesses subpoenaed shall be paid the same fees for attendance and travel as in civil cases before the Courts. Such fees shall be paid by the party requesting the subpoena.
(C) Any subpoena issued shall show on its face the name and address of the party at whose request it was issued.
(D) Any witness subpoenaed may petition the Commission to vacate or modify a subpoena issued in the Commission's name. The Commission shall give prompt notice to the party who requested issuance of the subpoena. After such investigation as the Commission considers appropriate, it may grant the petition in whole or in part upon a finding that the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive or that it has not been issued a reasonable period in advance of the time when the evidence is requested.
(E) Failure to comply with a subpoena lawfully issued in the name of the Commission and not revoked or modified by the Commission as provided in this section shall be punishable as for contempt of Court.
