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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

GENERAL RULES

Rule 2.21. Scheduling of Arraignments

   
    A. If the defendant is not detained prior to arraignment, his or her arraignment shall be scheduled no earlier than thirty-five (35) days from the time of his or her release with a written summons or by the bail commissioner, unless otherwise required by law, by administrative order, or requested by a party. The circuit court shall use its best efforts to schedule a single arraignment day each week for defendants who are not incarcerated.

    B. If the defendant is detained pending arraignment, his or her arraignment shall be scheduled within 24 hours, excluding weekends and holidays.

    C. A defendant charged with a class A misdemeanor or a felony may waive arraignment only if he or she is represented by counsel and files with the court prior to the date of arraignment a written waiver signed by the defendant and his or her counsel. If not signed by the defendant, counsel for the defendant may certify the following:

a. That the charges and potential penalties have been discussed with the defendant;

b. That the personal information of the defendant is accurate;

c. That the defendant has been advised and understands that existing bail orders remain in effect pending disposition of the case or modification by the court; and

d. That the defendant understands that he is entitled to an arraignment conducted by the Court but is waiving that arraignment.

A defendant charged with a class B misdemeanor may waive arraignment if he or she files with the court prior to the date of arraignment a written waiver signed by the defendant.

    In cases where the defendant is not detained, arraignment may be continued without the personal appearance of the defendant or the entry of an appearance by counsel upon timely motion made in writing if the court is satisfied with the terms of bail. However, absent an appearance by counsel on behalf of the defendant, no case in which a defendant is charged with a class A misdemeanor or felony shall be continued for arraignment to a date less than thirty (30) days before trial.

 

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Circuit Court District Division Rules Table of Contents