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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 2.7. Payment of fines.

    
        (A)  In all cases, fines imposed by the Court shall be due and payable on the date imposed.  In those cases where a defendant indicates an inability to pay forthwith, the defendant shall be required to complete an affidavit of resources, under oath, prior to leaving the courthouse.  The Court may consider such factors as the defendant's employment, good faith attempts to seek employment, spousal, family and partner income, savings, property ownership, credit lines and expenses including child support.

        (B)  In any case where the Court finds the defendant indigent or the defendant is unable to pay the fine on the date imposed, the Court may defer payment of the fine or order periodic payment.  In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the fine.  The $25.00 fee shall be paid prior to or simultaneously with the payment of the fine.  Eligibility for appointed counsel shall not be conclusive on the issue of indigency for purposes of fine payment orders.

        (C)  In any case where a defendant proves an inability to pay a fine, the Court may allow the defendant to perform community service, pursuant to a plan submitted to and approved by the Court.  Every hour of verified community service shall be applied against the fine at the rate of $10.00 an hour.

        (D)  Conduct which amounts to willful failure to pay any fine or perform community service as ordered, may be punishable as contempt of court or through the provisions of RSA 618:9.

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Circuit Court District Division Rules Table of Contents