| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 5 MRSA §211, sub-§3, ¶B, as enacted by PL 1969, c. 577, §1, is | | amended to read: |
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| | 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. |
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| | | Sec. 2. 5 MRSA §211, sub-§§4, 5 and 6 are enacted to read: |
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| | | 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. |
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| | | 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. |
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| | | 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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