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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

CRIMINAL RULES

Rule 2.6. Continuances and postponements.


    A. Violation and Misdemeanor Cases; Continuance for Arraignment, Arraignment and Trial. 

        
       
(1) Violation cases may be continued for arraignment or arraignment and trial without the personal appearance of the defendant where the defendant is not in custody, where timely motion is made in writing, and where the Court is satisfied with the terms of bail.

        (2) Misdemeanor cases may be continued for arraignment, or arraignment and trial without the personal appearance of the defendant where the defendant is not in custody and is represented by counsel, and where a timely motion is made by counsel in writing, and the Court is satisfied with the terms of bail.

        (3) Misdemeanor and violation cases where the defendant is in custody are subject to arraignment at the next session of Court, or not later than 24 hours after arrest, whichever first occurs, Sundays and holidays excepted.

    B. Felony Cases; Continuance for Arraignment. 


        (1) Felony cases where the defendant is in custody are subject to arraignment at the next session of Court, or not later than 24 hours after arrest, whichever first occurs, Sundays and holidays excepted.

        (2) Felony cases where the defendant has been released from custody are subject to prompt arraignment. Continuances may be granted only in exceptional circumstances and where the rights of the parties are not prejudiced thereby.

   
C. Continuance of a Scheduled Trial or Preliminary Hearing. 

        
        (1) Once a case is scheduled for trial or preliminary hearing, a motion for continuance shall be in writing, signed by the moving party stating the reasons therefor and stating that the opposing party does not desire a hearing on the motion, if such is the case.

        (2) No motion for continuance shall be granted without a hearing unless approval of the opposing party is obtained, and the moving party shall have the burden of obtaining such approval.

    D. Repealed.

    E. Agreement of the parties shall constitute a waiver of hearing on a motion to continue; but notwithstanding agreement of the parties, the Court shall exercise its sound discretion in granting such continuances.

    F. In exceptional situations, motions to continue may be made orally in accordance with these rules and shall be effective as such, but it shall be the burden of the moving party to establish a record thereof by confirming such request in writing. Only prosecutors, attorneys, or parties pro se, shall be permitted to move to continue orally.

    G. Every defendant shall be entitled to a reasonable time to prepare for trial.

    H. Continuances granted shall be upon such terms as the Court may order.

 

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