An Act To Secure Under Authority Of A Subpoena Pretrial Statements From A Witness Other Than The Defendant In A Criminal Proceeding

This bill (LD 1780) allows criminal defendants in Maine to formally request pretrial statements from non-defendant witnesses by serving a written notice and subpoena 14 days before the statement is to be taken. It requires defendants to describe the requested information, schedule the statement reasonably, and use acceptable recording methods (audio, video, or stenography). The bill includes special rules for domestic violence cases: if the witness is a victim of family violence, the subpoena must go through the District Attorney, who must notify the victim 14 days in advance, and statements must be taken via remote means unless a safe in-person location is confirmed. Witnesses who fail to comply may be barred from testifying in the case, and defendants must prove bad faith if a witness terminates a statement.