Rule 30. Argument of Counsel; Instructions to Jury

(a) Time for Argument. After the evidence is closed, argument to the jury or to the court shall be permitted. The time for argument, which shall be fixed and definite, shall be set by the court before argument. The attorney for the State shall argue first. The attorney for each defendant shall then argue. The attorney for the State shall then be allowed time for rebuttal.

(b) Instructions to Jury. At the close of the evidence, or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. At the same time copies of such requests shall be furnished to the other parties. The court shall inform counsel of its proposed action upon the requests before their arguments to the jury. The court, at its election, may instruct the jury before or after argument, or both. No party may assign as error the giving or the failure to give an instruction unless the party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the objection. Opportunity shall be given to make the objection out of the hearing and presence of the jury. The court, at its election, may provide written instructions to the jury covering all or a part of what is orally provided.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 30 of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivisions (a) and (b) the word "before" replaces the phrase "prior to" to reflect modern usage. Second, 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).

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1982 [M.R. Crim. P. 30(a).] One hour per side is too much time for closing arguments in most cases involving Class D and E crimes. The presiding justice is given discretion to set an appropriate time limit. It is contemplated that Class D and E cases will get around 20 minutes, that the more serious criminal cases will continue to get an hour, and that cases in between will get an intermediate time limit.

Advisory Committee Note—1989 [M.R. Crim. P. 30(a).] The language of new Rule 30(a) incorporates the order of argument from former District Court Rule 30.

Advisory Committee Note—1994 [M.R. Crim. P 30(b).] The amendment makes two changes of substance. First, the trial court will no longer be precluded from instructing the jury before argument of counsel. As under present Rule 51(b) of the Maine Rules of Civil Procedure, the trial court, at its election, will be free to instruct the jury before or after argument, or both. This latitude may, in certain cases, improve the effectiveness of final arguments as well as enhance jury understanding. Second, the rule addresses for the first time the actual form of the jury charge. As under 14 M.R.S. § 1105 (1980), the trial court, at its election, will be free to use written as well as oral instructions. Unlike the statute, however, the rule retains the current practice of the trial court in criminal cases of always giving full oral instructions, subject to discretionary written supplementation. This latitude may, in certain cases, enhance jury understanding.