Rule 508. Secrets of State and Other Official Information; Governmental Privileges

(a) Privilege. If the federal or Maine constitution, or a federal or Maine statute, creates a governmental privilege, a person may claim the privilege pursuant to the applicable provision of law. There is no other governmental privilege.

(b) Effect of sustaining a claim of governmental privilege. If the court sustains a claim of governmental privilege and thereby appears to deprive another party of material evidence, the court must make any orders required by the interests of justice. These orders may include:

(1) Striking the testimony of a witness;

(2) Declaring a mistrial;

(3) Making a finding on an issue as to which the evidence was relevant; or

(4) Dismissing the action.

Committee Notes

Maine Restyling Note [November 2014] Maine Rule 508 has been restyled in accordance with the federal restyling conventions, and, as part of this process, the Committee has proposed some minor, nonsubstantive changes to clarify the Rule.

Advisers' Note to former M.R. Evid. 508 (February 2, 1976) Most of the problems in this field arise in federal litigation, and this rule reflects a decision to steer as clear of the problem as possible. It recognizes, as it must do, a privilege created by federal law to the extent that the Constitution requires and says that it may be claimed as provided by federal law. No other governmental privilege is recognized except as created by the Constitution or a statute of this state.