LD 953
pg. 1
LD 953 Title Page An Act Relating to Discovery Procedures under the Maine Unfair Trade Practices ... Page 2 of 2
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LR 728
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §211, sub-§3, ¶B, as enacted by PL 1969, c. 577, §1, is
amended to read:

 
B. Require the disclosure of any documentary material which
that would be privileged, or which contains trade secret
information, or which that for any other reason would not be
required by a subpoena duces tecum issued by a court of this
State.

 
Sec. 2. 5 MRSA §211, sub-§§4, 5 and 6 are enacted to read:

 
4.__Disclosure of documentary material.__Documentary material
demanded pursuant to this section must be produced for
inspection, reproduction and copying during normal business hours
at the principal office or place of business of the person
served, in the county where such person resides or has a place of
business, in Kennebec County if the person served is a
nonresident or has no place of business within the State or at
such other times and places as may be agreed upon by the person
served and the Attorney General. Any book, record, paper,
memorandum or other information produced by any person pursuant
to this section may not unless otherwise ordered by a court of
this State for good cause shown be disclosed to any person other
than the authorized agent or representative of the Attorney
General unless with the consent of the person producing the same,
except that such material or information may be disclosed by the
Attorney General in court pleadings or other papers filed in
court.

 
5.__Motion for additional time, to modify or set aside or
grant protective order.__At any time prior to the date specified
in the notice, or within 21 days after the notice has been
served, whichever period is shorter, the court upon motion for
good cause shown may extend that reporting date or modify or set
aside that demand or grant a protective order in accordance with
the standards set forth in the Maine Rules of Civil Procedure
Rule 26(c).__The motion may be filed in the Superior Court of the
county in which the person served resides or has a usual place of
business or in Kennebec County.

 
6.__Cost of court reporter.__At the request of the person
under investigation or that person's attorney, any testimony
taken pursuant to a demand or notice under this section must be
taken before a court reporter authorized to serve as such under
the laws of the State or recorded on a recording device. Upon
request of either party, all such testimony taken or recorded
must be transcribed by an authorized court reporter, and in that
case the original transcript of that testimony must be preserved


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