CHAPTER 370
H.P. 733 - L.D. 953
An Act Relating to Discovery Procedures under the Maine Unfair Trade Practices Act
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 to 8 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 that 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, unless otherwise ordered by a court of this State for good cause shown, may not 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. Information not to be used in criminal proceeding. A person is not excused from attending and testifying or from producing documentary material in compliance with this section on the ground or for the reason that the testimony or other information, documentary or otherwise, may tend to incriminate that person or subject that person to a penalty or forfeiture. Testimony and other information obtained under the authority of this section and information directly or indirectly derived from such testimony or other information may not be used against a natural person who has testified or produced information under oath in compliance with this section in any criminal case except a prosecution for perjury, giving a false statement or otherwise failing to comply with a notice served upon that person under this section.
7. 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 recorded on a recording device or taken before a court reporter authorized to serve as such under the laws of the State. 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 by the Attorney General. The cost of the taking or recording and transcription must be paid by the State. In the event the Attorney General or some other party obtains judgment against the party whose testimony is taken for a violation of section 207, the cost of the court reporter or recording and transcription may be recovered by the State in such a judgment.
8. Authority not applicable in criminal proceedings. This section is not applicable to any criminal proceeding brought under the laws of this State.
Sec. 3. 5 MRSA §211, 2nd ¶, as amended by PL 1973, c. 648, is repealed.
Sec. 4. 5 MRSA §211, 3rd ¶, as amended by PL 1973, c. 334, is repealed.
Sec. 5. 5 MRSA §211, 4th ¶, as enacted by PL 1975, c. 529, is repealed.
Effective September 21, 2001, unless otherwise indicated.
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