§ Rule413 Protection of Privacy in Court Proceedings

Rule413. Protection of Privacy in Court Proceedings

    (a) Evidence of the identity, address, employment or location of any person shall be inadmissible if such person requests the exclusion of such evidence and:

        (1) the court is notified that there is a court order in effect that prohibits contact between such person and another person, or

        (2) it is alleged under oath, orally or in writing, that such person's health, safety or liberty would be jeopardized by the disclosure of such information, and the court determines that disclosure of such information would jeopardize such person as alleged unless the court finds that such evidence is of a material fact essential to the determination of the proceeding.

    (b) The court shall conduct all proceedings to determine the admissibility of evidence under this rule in a manner so as not to disclose the information sought to be excluded, unless the court finds that a party's right to due process and a fair hearing would be violated if the information is not disclosed.

    (c) If the court determines that information otherwise inadmissible under this Rule must be admitted as evidence of a material fact essential to the determination of the proceedings, the court shall receive the such evidence in camera. In child protective proceedings pursuant to Title 22 MRS such evidence shall be received in camera and outside the presence of any person subject to a court order (section 1(a) above) or constituting a risk of health, safety or liberty (section 1(b) above) and that person's attorney.

    (d) Persons who may object to the admission of evidence under this rule include parties to the proceeding, their attorneys, a guardian ad litem, any person called as a witness, a juror, and any person, who, although not a witness or party, is a subject of the proceeding such as a child or a protected person.