Maine Revised Statutes Title 14 Sec. 5601 – Statute of limitations
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1. Three-year period of limitation. A proceeding against a person for a Title 29-A traffic infraction or a Title 12 civil violation related to marine resources laws and inland fisheries and wildlife laws must be commenced within 3 years after the traffic infraction or civil violation is committed. The burden is on the defendant to prove by a preponderance of the evidence that a proceeding against a person for the traffic infraction or civil violation was commenced after the expiration of the 3-year period of limitation.
[PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
Terms Used In Maine Revised Statutes Title 14 Sec. 5601
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
2. Limitations on period of limitation. The period of limitation may not run:
A. During any time when the defendant is absent from the State, but in no event may this paragraph extend the period of limitation by more than 5 years; or [PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
B. During any time when a traffic infraction or civil violation proceeding against the defendant for the same traffic infraction or civil violation based on the same conduct is pending in this State. [PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
[PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
3. Definitions. For purposes of this section:
A. A civil violation is committed when every definitional component of the civil violation has occurred or, if the civil violation consists of a continuing course of conduct, at the time when the course of conduct or the defendant’s complicity in the course of conduct is terminated; and [PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
B. A civil violation proceeding is commenced whenever a complaint or citation is filed. [PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
[PL 2001, c. 421, Pt. A, §1 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 2001, c. 421, §A1 (NEW). PL 2001, c. 421, §C1 (AFF).