Rule 10. Arraignment

Unless otherwise provided by law, arraignment shall be conducted in open court and shall consist of reading the indictment, information, or complaint to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto. The clerk shall cause a copy of the indictment or information to be furnished to the defendant or the defendant's counsel before the defendant is called upon to plead, and notation thereof shall be made in the docket. The clerk shall cause a copy of the complaint, other than a uniform summons and complaint, to be furnished to the defendant or the defendant's counsel before the defendant is called upon to plead, if requested by the defendant or the defendant's counsel. When the crime charged is a Class D or Class E crime, a represented defendant may, through counsel, enter a plea in writing without the necessity of an arraignment in open court unless the court requires the defendant to appear personally. When the administration of justice would be served thereby, the court may order that an arraignment occur in a county other than the county in which the prosecution is pending.

Committee Notes

Committee Advisory Note [December 2014] The Rule mirrors the content of Rule 10 of the Maine Rule of Criminal Procedure.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1986 [M.R. Crim. P. 10.] The amendment is intended to make clear the Superior Court's authority to order arraignment outside the county in which the prosecution is pending. There may be circumstances where it is simpler and much less expensive to conduct the arraignment in another county. For example, indicted defendants held in the Maine State Prison will most efficiently be arraigned in Knox County. It is understood that arraignment in another county may in some cases require additional travel by defense counsel or the use of substitute counsel for arraignment only.

Advisory Committee Note—1989 [M.R. Crim. P. 10.] Rule 10 is amended to cover arraignment an a complaint, a subject now covered by District Court Rule 5(b).

Advisory Committee Note—1990 [M.R. Crim. P. 10.] Rule 10 is amended to make clear that when it is provided by statute that arraignment need not be in open court, the provisions of Rule 10 will not apply. For example, some minor violations of the fishing and hunting laws specifically allow a defendant to plead guilty by mail. It was not the intent in the merger of the District and Superior Court criminal rules to disturb this practice. This amendment to Rule 10 creates an exception to the requirement of Rule 43 that a defendant be present at arraignment.

Advisory Committee Note—1991 [M.R. Crim. P. 10.] When the offense charged is a Class D or Class E crime, it is common practice in some District Courts to enter pleas of not guilty without the necessity of an arraignment in open court when counsel has in writing indicated that the defendant has decided to enter this plea and provided the writing to the court in advance of the date set for arraignment. See State v. Kovtuschenko , 576 A.2d 206 (Me. 1990). Defense counsel should provide a copy of this writing to the attorney for the state. M.R. Crim. P. 49(a). This practice is efficient and the fact that the defendant is represented by counsel provides assurance that the defendant will appear at future court proceedings. In the unusual case where the court wishes to have the defendant appear in person for arraignment it may reject the entry of the plea by mail and require a personal appearance.

Advisory Committee Note—1994 [M.R. Crim. P. 10.] The amendment conforms the Rule to new Rule 5B.

Advisory Committee Note—2003 [M.R. Crim. P. 10.] This amendment transfers the substantive content of current Rule 3(e) into current Rule 10. Rule 3(e) was itself added in 1998 when former Rule 5A was deleted and replaced in its entirety, including the last sentence of section (b) that read: "The Clerk shall furnish to the defendant or the defendant's counsel, upon request, a copy of the complaint, other than a uniform traffic ticket and complaint, before the Defendant is called upon to plead." See M.R. Crim. P. 3(e) advisory committee note to 1998 amend. Me. Rptr., 699-709 A.2d CIII. Because the core concern addressed by both Rule 3(e) and its precursor rule is the availability to the defendant of a copy of the complaint before being called upon to plead, the content of Rule 3(e) more properly belongs in Rule 5 or Rule 10. See M E . C ONST . art. 1, § 6. ("In all criminal prosecutions, the accused shall have a right . . . [t]o demand the nature and cause of the accusation, and have a copy thereof.") Between the two options Rule 10 has been chosen since it currently addresses this same core concern in the context of an indictment or information. Unlike the clerk's duties relative to furnishing an indictment or information, however, the amendment imposes no duty upon the clerk to either furnish a complaint in the absence of a request, or to note the furnishing of a complaint on the docket. Finally, the amendment excludes a uniform summons and complaint since a defendant receives a copy in hand at the time of service.

Advisory Committee Note – March 2005 [M.R. Crim. P. 10.] Rule 5B, referenced in Rule 10 was an experimental program regarding use of audiovisual devices. It was abrogated, effective August 1, 2004. Thus, the reference to it is deleted. A new Rule 5B, relating to felony cases that may have a first appearance in District Court, is adopted with these rule amendments.