Rule 85. Nature of the Proceedings

A petition contesting extradition pursuant to 15 M.R.S. § 210 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 85 of the Maine Rules of Criminal Procedure except that "clerk in the Unified Criminal Docket" replaces "clerk on the criminal docket of the District Court or in the unified docket of a court with a unified criminal docket."

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1983 [M.R. Crim. P. 85.] This rule makes clear that a petition contesting extradition is a criminal matter and should be docketed accordingly.

Advisory Committee Note—1998 [ M.R. Crim. P. 85.] See Advisory Committee Note to M.R. Crim. P. 88. [M.R. Crim. P. 88. References to the "Superior Court" and "justice" are replaced with "District Court" and "judge" to reflect the recent statutory changes to 15 M.R.S. § 210 and 210-A requiring that the petition contesting extradition be filed in the District Court rather than in the Superior Court. See P.L. 1997, ch. 181; L.D. 693 Summary (118th Legis. 1997).]

Advisory Note—July 2010 This amendment clarifies that petitions contesting extradition can be filed in courts with unified criminal dockets. See Administrative Order JB-082, Establishment of the Cumberland County Unified Criminal Docket, effective January 1, 2009, and Administrative Order JB-10-1, Establishment of the Bangor Unified Criminal Docket, effective January 4, 2010.