2010 Maine Code
TITLE 14: COURT PROCEDURE -- CIVIL
Chapter 621: GENERAL PROVISIONS
14 §5601. Statute of limitations
Part 6-A: CIVIL VIOLATION PROCEEDINGS HEADING: PL 2001, C. 421, PT. A, §1 (NEW)
§5601. Statute of limitations
1. Three-year period of limitation. A proceeding against a person for a Title 29-A traffic infraction or a Title 12 civil violation related to marine resources laws and inland fisheries and wildlife laws must be commenced within 3 years after the traffic infraction or civil violation is committed. The burden is on the defendant to prove by a preponderance of the evidence that a proceeding against a person for the traffic infraction or civil violation was commenced after the expiration of the 3-year period of limitation.
[ 2001, c. 421, Pt. A, §1 (NEW); 2001, c. 421, Pt. C, §1 (AFF) .]
2. Limitations on period of limitation. The period of limitation may not run:
A. During any time when the defendant is absent from the State, but in no event may this paragraph extend the period of limitation by more than 5 years; or [2001, c. 421, Pt. A, §1 (NEW); 2001, c. 421, Pt. C, §1 (AFF).]
B. During any time when a traffic infraction or civil violation proceeding against the defendant for the same traffic infraction or civil violation based on the same conduct is pending in this State. [2001, c. 421, Pt. A, §1 (NEW); 2001, c. 421, Pt. C, §1 (AFF).]
[ 2001, c. 421, Pt. A, §1 (NEW); 2001, c. 421, Pt. C, §1 (AFF) .]
3. Definitions. For purposes of this section:
A. A civil violation is committed when every definitional component of the civil violation has occurred or, if the civil violation consists of a continuing course of conduct, at the time when the course of conduct or the defendant's complicity in the course of conduct is terminated; and [2001, c. 421, Pt. A, §1 (NEW); 2001, c. 421, Pt. C, §1 (AFF).]
B. A civil violation proceeding is commenced whenever a complaint or citation is filed. [2001, c. 421, Pt. A, §1 (NEW); 2001, c. 421, Pt. C, §1 (AFF).]
[ 2001, c. 421, Pt. A, §1 (NEW); 2001, c. 421, Pt. C, §1 (AFF) .]
SECTION HISTORY
2001, c. 421, §A1 (NEW). 2001, c. 421, §C1 (AFF).
Disclaimer: These codes may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
