Me. R.U. Crim. P. 98 (2026)

RULE 98. DNA ANALYSIS RESULTS

(a) Compliance With 15 M.R.S. § 2138(8). The DNA analysis results shall be provided by the crime lab to the court, the person, and the attorney for the State. Upon motion by the person or the attorney for the State, the court may order that copies of the analysis protocols, laboratory procedures, laboratory notes, and other relevant records compiled by the crime lab be provided to the court, the person, and the attorney for the State.

(b) Analysis Results Other Than That the Person Is Not the Source of the Evidence. If the results of the DNA analysis are inconclusive or show that the person is the source of the evidence, the court shall deny any motion for a new trial as provided under 15 M.R.S. § 2138(8)(A).

(c) Analysis Results Showing the Person Is Not the Source of the Evidence. If the results of the DNA analysis show that the person is not the source of the evidence, the court shall assign counsel if the court finds that the person is indigent under Rule 96(b) and shall hold a hearing as provided under 15 M.R.S. § 2138(10).

(d) Request for Reanalysis by the Attorney for the State. If the analysis results show the person is not the source of the evidence, upon motion of the attorney for the State, the court shall order reanalysis of the evidence and shall stay the hearing pending the results of DNA analysis.

Committee Advisory Note [December 2014]

The Rule parallels the content of Rule 98 of the Maine Rules of Criminal Procedure except that in subdivision (d) the letter “s” in the word “state” is capitalized because the word is used in the term “attorney for the State.” See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 3(d) and (f).

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[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Note – June 2006

M.R. Crim. P. 98(c). The amendment changes the statutory reference to conform to P.L. 2005, ch. 659, §§ 4, 5. The amendment is effective September

1, 2006 to coincide with the effective date of the Public Law. See P.L. 2005, ch. 659, § 6.

Advisory Note—July 2010

M.R. Crim. P. 98(c). See Advisory Note—July 2010 to M.R. Crim. P. 44.