Practice and rules of evidence; process service

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§1311. Practice and rules of evidence; process service

1.  Practice and rules of evidence.  In all actions and proceedings arising under this Title, all processes must be served and the practice and rules of evidence are the same as in civil actions in the Superior Court except as otherwise provided.  

[PL 1993, c. 108, §2 (NEW).]

2.  Hearsay.  A statement not specifically covered by the hearsay exceptions in the rules of evidence but having equivalent circumstantial guarantees of trustworthiness may not be excluded by the hearsay rules, if the presiding officer determines that:  

A. The statement is offered as evidence of a material fact and does not constitute unduly repetitious evidence;   [PL 1993, c. 108, §2 (NEW).]

B. The statement is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs; and   [PL 1993, c. 108, §2 (NEW).]

C. The general purposes of the rules of evidence and the interests of justice are best served by admission of the statement into evidence.   [PL 1993, c. 108, §2 (NEW).]

[PL 1993, c. 108, §2 (NEW).]

3.  Process service.  A sheriff or other officer empowered to execute civil process may execute a process issued under this Title and is entitled to receive the compensation prescribed by law for that service.  

[PL 1993, c. 108, §2 (NEW).]

SECTION HISTORY

PL 1987, c. 141, §A6 (NEW). PL 1993, c. 108, §2 (RPR).


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