Rule 95. Initiation of Proceedings

(a) Person Entitled to Bring a Motion; Filing and Service. Any person who satisfies the prerequisites of 15 M.R.S. § 2137 may file a motion for DNA analysis as provided under 15 M.R.S. § 2138(1). Filing and serving must be in accordance with Rule 49.

(b) Docketing and Assignment. A post-conviction motion for DNA analysis pursuant to 15 M.R.S. ch. 305-B shall be docketed by the clerk in the Unified Criminal Docket. The motion shall be assigned as provided under 15 M.R.S. § 2138(1).

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 95 of the Maine Rules of Criminal Procedure except that in subdivision (b), first sentence, "Unified Criminal Docket" replaces the words "underlying criminal proceeding," and in the second sentence the word "under" replaces the words "pursuant to."

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Note – March 2010 M.R. Crim. P. 95(b). The amendment corrects typographical and syntactical errors and recognizes current usage of M.R.S. as the Court's primary reference.