RULINGS ON EVIDENCE

Maine Rules of Evidence

Rule: 103

Jurisdiction: ME

Bluebook Citation: Me. R. Evid. 103

(a) Preserving a claim of error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) If the ruling admits evidence, a party, on the record: (A) Timely objects or moves to strike; and (B) States the specific ground, unless it was apparent from the context; or (2) If the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Court’s statement about the ruling; directing an offer of proof. The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form. (c) Preventing the jury from hearing inadmissible evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means. (d) Taking notice of plain error.1 A court may take notice of an obvious error affecting a substantial right, even if the claim of error was not properly preserved. (e) Effect of pretrial ruling. A pretrial objection to or proffer of evidence must be timely renewed at trial unless the court states on the record, or the context clearly demonstrates, that a ruling on the objection or proffer is final. 1 The term “plain error” is derived from the Federal Rule. The term “obvious error” is used in State practice. See State v. Dolloff, 2012 ME 130, ¶ 35, 58 A.2d 1032. 9

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