Rule 65. Nature of the Proceeding

An action for post-conviction review pursuant to 15 M.R.S. ch. 305-A shall be docketed by the clerk in the Unified Criminal Docket.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 65 of the Maine Rules of Criminal Procedure except that "in the Unified Criminal Docket" replaces "on the criminal docket of the Superior Court."

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1981 [M.R. Crim. P. 65.] Post-conviction review has been excised entirely from Part IX of the Rules and allocated its own part in order to accommodate the multiple-rule treatment this unique proceeding warrants.

Advisory Committee Note—1981 [M.R. Crim. P. 65.] A post-conviction review proceeding is essentially sui generis , embodying heterogeneous features that defy pro forma application of the label "civil" and "criminal." Prior Maine law has grappled with this troublesome aspect variously: Preceding the enactment of 15 M.R.S. ch. 305-A in 1979, the then controlling Rule 35(b)(5) of the Maine Rules of Criminal Procedure described the nature of the proceeding in relevant part as follows: "A proceeding under this subdivision (b) is a civil proceeding. In respects not covered by statute [14 M.R.S. §§ 5502-5508], these rules, together with the Maine Rules of Civil Procedure where applicable [see also Rule 81, Maine Rules of Civil Procedure], shall govern the practice in these proceedings. . . ." Following the enactment of 15 M.R.S. ch. 305-A (P.L.1979, ch. 701, § 15) the then controlling 15 M.R.S. section 2129, subsection 1 (repealed by P.L. 1981, ch. 238 § 5) described the nature of the proceeding in relevant part as follows: "An action for post-conviction review is a criminal proceeding. The Maine Rules of Criminal Procedure and the Maine Rules of Civil Procedure, to the extent that they are not inconsistent with the provisions of this chapter, may be applied in the discretion of the court to proceedings commenced under this chapter. . . ." The approach now chosen retains the proceeding on the criminal docket as reflected by Rule 65. However, contrary to prior Maine law, the present approach does not contemplate that the Maine Rules of Civil Procedure govern any aspect of the proceeding. In all respects not covered by 15 M.R.S. ch. 305A, as amended by P.L. 1981, ch. 238, a post-conviction review proceeding is to be wholly controlled by the comprehensive new rules contained within Part XI and all other relevant criminal rules (see Rule 1 of the Maine Rules of Criminal Procedure) except those made inapplicable by the new Part XI rules themselves.

Advisory Committee Note—1983 [M.R. Crim. P. 65.] The amendment corrects the title of Part XI.