Rule 903 Subscribing Witness’s Testimony

Maine Restyling Note [November 2014]

The restyled Rule preserves the substantive differences between the Maine and Federal Rules.

Advisers’ Note to former M.R. Evid. 903

(February 2, 1976)

The common law required that attesting witnesses be produced or accounted for. These requirements have generally been abolished unless the law governing the validity of the writing otherwise requires. This rule takes the modern approach. It does not affect the method of proving a will in Maine. 18 M.R.S.A. §§ 103-106.113 See In re Knapp’s Estate, 145 Me. 189, 74 A.2d 217

(1950) .

112 Presently 10 U.S.C. § 936 addresses authority to administer oaths and act as a notary but does not discuss signatures nor prima facie evidence.

113 With enactment of the Probate Code, Title 18-A M.R.S., this statute was repealed.