Maine Revised Statutes Title 15 Sec. 5822 – Procedure
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1. Filing of petition.
[PL 2021, c. 454, §6 (RP).]
Terms Used In Maine Revised Statutes Title 15 Sec. 5822
- Arrest: Taking physical custody of a person by lawful authority.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiduciary: A trustee, executor, or administrator.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Venue: The geographical location in which a case is tried.
2. Jurisdiction and venue.
[PL 2021, c. 454, §7 (RP).]
3. Type of action.
[PL 2021, c. 454, §8 (RP).]
4. Hearings.
[PL 2021, c. 454, §9 (RP).]
5. Default proceedings.
[PL 2021, c. 454, §10 (RP).]
6. Preliminary process. Any Justice of the Supreme Judicial Court or the Superior Court, Judge of the District Court or justice of the peace may issue, at the request of the attorney for the State, ex parte, any preliminary order or process as is necessary to seize or secure the property for which forfeiture is or will be sought and to provide for its custody. That order may include an order to a financial institution or to any fiduciary or bailee to require the entity to impound any property in its possession or control and not to release it except upon further order of the court. Process for seizure of the property may issue only upon a showing of probable cause that the property is subject to forfeiture under section 5821. The application for process and the issuance, execution and return of process is subject to applicable state law. Any property subject to forfeiture under this section may be seized upon process, except that seizure without the process may be made when:
A. The seizure is incident to an arrest with probable cause, a search under a valid search warrant or an inspection under a valid administrative inspection warrant; [PL 1987, c. 420, §2 (NEW).]
B. The property subject to seizure has been the subject of a prior judgment in favor of the State in a forfeiture proceeding under this section or any other provision of the laws of this State, any other state or the United States; [PL 1987, c. 420, §2 (NEW).]
C. There is probable cause to believe that the property has been directly or indirectly dangerous to health or safety; or [PL 1987, c. 420, §2 (NEW).]
D. There is probable cause to believe that the property has been used or is intended to be used in violation of any criminal law of this State, any other state or the United States. [PL 1987, c. 420, §2 (NEW).]
[RR 1999, c. 2, §18 (COR); RR 1999, c. 2, §19 (AFF).]
7. Rules. After January 1, 1988, the prosecution of proceedings under this chapter shall be governed by rules adopted or amended by the Attorney General, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. These rules shall provide standards for prosecution, settlement, approval of settlement and equitable transfer of forfeited property.
[PL 1987, c. 420, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 420, §2 (NEW). PL 1987, c. 648 (AMD). PL 1987, c. 736, §26 (AMD). PL 1989, c. 302, §4 (AMD). PL 1991, c. 461, §§1,2 (AMD). RR 1999, c. 2, §18 (COR). RR 1999, c. 2, §19 (AFF). PL 1999, c. 408, §1 (AMD). PL 2021, c. 454, §§6-10 (AMD).