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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 2.8. Motions.

    
    A. Repealed.

    B. Affirmative defenses must be raised by written notice at least five days in advance of trial.

    C. Motions to Suppress Evidence.

        (1) Whenever a motion to suppress evidence is filed before trial in any criminal case, the Court will determine, in its discretion, whether to hear the motion in advance of trial or at the trial when the evidence is offered.

        (2) If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the Court on the same issue at the trial. If the evidence is found to be admissible in advance of trial, it will be admitted at the trial without further hearing as to its admissibility. If the evidence is found to be inadmissible, it will not be admitted at the trial and the prosecution shall not refer to such evidence at any time thereafter. The justice presiding at the pretrial hearing need not disqualify himself from presiding at the trial. Objections to the Court's ruling in advance of trial admitting the evidence shall be noted by the Court and the trial shall proceed as scheduled.

        (3) The Court may, in its discretion, reserve and transfer defendant's objections in advance of trial as provided by law.

        (4) At the hearing in advance of trial, the burden of proof shall be upon the State as it would be if the issue were raised at a trial.

        (5) All motions to suppress evidence filed in advance of trial shall be in writing and shall specifically set forth all the facts and grounds in separate numbered paragraphs upon which the motions are based. Such motions shall be filed before the commencement of the trial. The Court, in its discretion, may grant such a motion after trial commences.

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Circuit Court District Division Rules Table of Contents