Rule 105. Initiation of Proceedings

(a) Person or Entity Entitled to File a Post-Judgment Motion. Any person who satisfies the prerequisites of 15 M.R.S. §§ 2181 and 2182 may file a post-judgment motion in the underlying criminal proceeding for determination of factual innocence and correction of the court records and related criminal justice agency records. The attorney for the State or a court may file the motion on behalf of a qualifying person. Filing must be in accordance with Rule 49.

(b) Docketing and Assignment of Post-Judgment Motion. The post-judgment motion shall be docketed by the clerk in the Unified Criminal Docket as contemplated by 15 M.R.S. §§ 2182(1) and 2183(1). The motion shall be assigned as provided under 15 M.R.S. § 2183(1).

(c) Service of the Post-Judgment Motion. Pursuant to 15 M.R.S. § 2183(1), the specially assigned justice or judge shall determine upon whom and how service of the post-judgment motion is to be made and enter an order in this regard.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 105 of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivision (a) the letter "s" in the word "state" is capitalized because the word is used in the term "attorney for the State." See Committee

Advisory Note [December 2014] to M.R.U. Crim. P. 3(d) and (f). Further, the references to subdivisions (d) and (e) of Rule 49 are omitted in order that all of Rule 49 apply. Second, in subdivision (b) the words "clerk of the Unified Criminal Docket" replaces the words "clerk of the underlying criminal proceeding."