Maine Revised Statutes > Title 16 > Chapter 1 – Witnesses
Current as of: 2023 | Check for updates
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| Sections | ||
|---|---|---|
| Subchapter 2 | Qualifications, Privileges and Credibility | 51 – 61 |
| Subchapter 3 | Attendance | 101 – 102 |
| Subchapter 4 | Examination | 151 – 155 |
| Subchapter 5 | Immunities | 201 |
| Subchapter 6 | Fees | 251 – 253 |
Terms Used In Maine Revised Statutes > Title 16 > Chapter 1 - Witnesses
- Accredited: means an educational institution that is approved by the United States Department of Education or a regional or national accrediting agency recognized by the United States Department of Education. See Maine Revised Statutes Title 32 Sec. 1521
- activities following a traffic or pedestrian stop: include , but are not limited to, asking questions of a person, frisking a person, conducting consensual and nonconsensual searches of a person or property, seizing of property, requiring vehicle occupants to exit a vehicle during a traffic stop, issuing a citation and making an arrest. See Maine Revised Statutes Title 5 Sec. 4751
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. See Maine Revised Statutes Title 28-A Sec. 2
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- American Sign Language proficiency interview: means a holistic language evaluation that is used to determine global American Sign Language proficiency and that is administered by an educational testing service organization and evaluated by an American Sign Language evaluation service organization recognized by the director. See Maine Revised Statutes Title 32 Sec. 1521
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Antique snowmobile: means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 13104, subsection 5. See Maine Revised Statutes Title 12 Sec. 13001
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Auditorium: means a commercially operated indoor or outdoor facility designed or used for the gathering of an audience for speeches and live performances of theater, music, dance or other performing arts that charges a fee and has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2
- Bed and breakfast: means a place that advertises itself as a bed and breakfast where the public for a fee may obtain overnight accommodations that include a sleeping room or rooms and at least one meal per day. See Maine Revised Statutes Title 28-A Sec. 2
- bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2
- Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
- Catering: means service of liquor with or without food by a person to groups at a prearranged function. See Maine Revised Statutes Title 28-A Sec. 2
- Civic auditorium: means a municipal, county or state or a quasi-municipal, quasi-county or quasi-state owned or operated auditorium or civic center. See Maine Revised Statutes Title 28-A Sec. 2
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Class A lounge: means a place where liquor is sold at tables, booths and counters. See Maine Revised Statutes Title 28-A Sec. 2
- Class A restaurant: means a place that is regularly used for the purpose of providing full meals for the public on the premises, that is equipped with a separate and complete kitchen and that maintains adequate dining room equipment and capacity for preparing and serving full meals upon the premises. See Maine Revised Statutes Title 28-A Sec. 2
- Club: means a group of individuals incorporated and operating in a bona fide manner solely for purposes of recreational, social, patriotic or fraternal nature and not for pecuniary gain. See Maine Revised Statutes Title 28-A Sec. 2
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Common consumption area: means an area designated as a common area within an entertainment district in which customers of more than one common consumption area licensee are permitted to consume spirits, wine and malt liquor sold by the common consumption area licensees. See Maine Revised Statutes Title 28-A Sec. 2
- Conditional license: means a license granted to an applicant who has met the requirements of section 1524?C but who is not certified with the Registry of Interpreters for the Deaf, Inc. See Maine Revised Statutes Title 32 Sec. 1521
- Criminal proceeding: includes the investigation and prosecution of criminal charges. See Maine Revised Statutes Title 5 Sec. 4701
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deaf interpreter: means a person whose sense of hearing is nonfunctional for the purpose of communication, whose primary means of communication is visual or tactile and who provides intermediary interpreting. See Maine Revised Statutes Title 32 Sec. 1521
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 1521
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Director: means the Director of the Office of Professional and Occupational Regulation within the department. See Maine Revised Statutes Title 32 Sec. 1521
- Disc golf course: means a commercially operated facility that offers disc golfing facilities to the public for a fee and that has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2
- Distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Division: means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering. See Maine Revised Statutes Title 12 Sec. 13001 Donor: The person who makes a gift. Entertainment district: means an area that is located within a municipality that is established by ordinance of the municipal legislative body in accordance with section 221. See Maine Revised Statutes Title 28-A Sec. 2 Golf course: means a commercially operated facility, whether publicly or privately owned, that offers golfing facilities to the public for a fee, including a regulation-size golf course of no fewer than 9 holes and an average total of not less than 1,200 yards per 9 holes, that has a value of not less than $100,000 and that has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Hotel: means a place where the public obtains sleeping accommodations for consideration and where food is offered for sale to the public, whether or not under one roof. See Maine Revised Statutes Title 28-A Sec. 2 Human trafficking offense: includes :
(1) Aggravated sex trafficking and sex trafficking under Title 17?A, sections 852 and 853, respectively, and criminal forced labor and aggravated criminal forced labor under Title 17?A, sections 304 and 305, respectively; and
(2) Except as provided in subparagraph (1), all offenses in Title 17?A, chapters 11, 12 and 13 if accompanied by the destruction, concealment, removal, confiscation or possession of any actual or purported passport or other immigration document or other actual or purported government identification document of the other person or done using any scheme, plan or pattern intended to cause the other person to believe that if that person does not perform certain labor or services, including prostitution, that the person or a 3rd person will be subject to a harm to their health, safety or immigration status. See Maine Revised Statutes Title 5 Sec. 4701Incorporated civic organization: means an organization incorporated as a corporation without stock under Title 13, chapter 81 or Title 13?B with a civic or charitable purpose, including but not limited to relief of poverty, advancement of education and the arts, promotion of social health, safety and welfare, fostering community and economic development, protection against animal cruelty, combating community deterioration, lessening the burdens of government and providing assistance to the underprivileged and distressed. See Maine Revised Statutes Title 28-A Sec. 2 Interpreter: means a person who provides any of the following services:
A. See Maine Revised Statutes Title 32 Sec. 1521Interpreting: means the process when a linguistic intermediary between a deaf or hard-of-hearing person and another person translates the spoken utterances or signs, gestures or writing of either person into a linguistic form other than that which that person uses as a primary and preferred form of communication. See Maine Revised Statutes Title 32 Sec. 1521 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Law enforcement agency: means an agency in the State charged with enforcement of state, county, municipal or federal laws or laws of a federally recognized Indian tribe, with the prevention, detection or investigation of criminal, immigration or customs laws or with managing custody of detained persons in the State and includes, but is not limited to, a municipal police department, a sheriff's department, the State Police, a university or college police department and the Department of Public Safety. See Maine Revised Statutes Title 5 Sec. 4751 Law enforcement officer: means a state, county or municipal official or an official of a federally recognized Indian tribe responsible for enforcing criminal, immigration or customs laws, including, but not limited to, a law enforcement officer who possesses a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803?A. See Maine Revised Statutes Title 5 Sec. 4751 Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2 Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. See Maine Revised Statutes Title 28-A Sec. 2 Minibar: means a self-contained locking cabinet, refrigerated or unrefrigerated, designed for storing, dispensing and selling liquor and related merchandise. See Maine Revised Statutes Title 28-A Sec. 2 municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2 Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Off-premises catering: means service of liquor with or without food by a licensee to groups at prearranged functions located at a place other than the licensee's premises. See Maine Revised Statutes Title 28-A Sec. 2 Operation: means the act of operating as defined in subsection 18. See Maine Revised Statutes Title 12 Sec. 13001 Operator: means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use. See Maine Revised Statutes Title 12 Sec. 13001 Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Owner: means :
A. See Maine Revised Statutes Title 12 Sec. 13001Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Performing arts center: means a charitable or nonprofit corporation incorporated as a corporation without capital stock under Title 13, chapter 81 and that has as its primary purpose the encouragement, promotion and presentation of the arts for the benefit of the public. See Maine Revised Statutes Title 28-A Sec. 2 Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Plaintiff: The person who files the complaint in a civil lawsuit. Plastic bottle: means any plastic container with a neck smaller than the container body and a capacity not less than 16 fluid ounces and not more than 5 gallons. See Maine Revised Statutes Title 32 Sec. 1721 Plastic container: means any bottle, can, jar, case, package or other receptacle intended to hold, carry, or enclose fluids, food items or nonfood products that is composed predominately of plastic resins, including, but not limited to, plastic resins listed in section 1723. See Maine Revised Statutes Title 32 Sec. 1721 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2 Premises: includes lands, private ways and any buildings and structures located on the lands or private ways. See Maine Revised Statutes Title 12 Sec. 10001 Probate: Proving a will Profiling: means the consideration of or reliance on, to any degree, actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status in deciding which persons to subject to a traffic or pedestrian stop or in deciding the scope or substance of law enforcement activities following a traffic or pedestrian stop. See Maine Revised Statutes Title 5 Sec. 4751 registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Reselling agent: means an agency liquor store with a federal and state license permitting the agency liquor store to sell spirits to a retail licensee licensed for on-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001Restaurant: means a place that is regularly used for the purpose of providing food for the public and that has adequate and sanitary kitchen and dining room equipment and capacity for preparing and serving suitable food for the public. See Maine Revised Statutes Title 28-A Sec. 2 retail licensee: means a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink for on-premises or off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Rigid plastic container: means any formed or molded plastic container, except plastic bottles, with a capacity not less than 8 fluid ounces and not more than 5 gallons that retains the same shape whether full or empty. See Maine Revised Statutes Title 32 Sec. 1721 sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2 Snowmobile: means a vehicle propelled by mechanical power that is primarily designed to travel over ice or snow and is supported in part by skis, belts or cleats. See Maine Revised Statutes Title 12 Sec. 13001 Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trafficked person: means a victim of a human trafficking offense. See Maine Revised Statutes Title 5 Sec. 4701 Unincorporated place: means a place which is not incorporated as a municipality. See Maine Revised Statutes Title 28-A Sec. 2 Use: means , with respect to watercraft, operate, navigate or employ. See Maine Revised Statutes Title 12 Sec. 13001 Victim advocate: work with prosecutors and assist the victims of a crime. Voter: means a person registered to vote. See Maine Revised Statutes Title 30-A Sec. 2001 Wholesale licensee: means a person licensed by the bureau under section 1401 as an in-state wholesaler. See Maine Revised Statutes Title 28-A Sec. 2 Wholesaler: means a person that engages in the purchase and resale of malt liquor or wine, or both, in sealed bottles, containers or original packages, as prepared for the market by the manufacturer at the place of manufacture, but not for consumption, except during a taste-testing event conducted in accordance with the requirements of this Title. See Maine Revised Statutes Title 28-A Sec. 2 Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2