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RULES OF EVIDENCE

 

PREAMBLE

 

Pursuant to the authority conferred by Part II, Article 73-a of the New Hampshire Constitution, the Supreme Court of New Hampshire amends the Rules of Evidence as provided below. The rules were first adopted by the New Hampshire Supreme Court on January 18, 1985, effective July 1, 1985 and were modeled on the Federal Rules of Evidence. Because the Federal Rules of Evidence have been amended several times since 1985, the New Hampshire Supreme Court asked a Committee chaired by the Honorable David A. Garfunkel and Professor John B. Garvey to undertake a review of the New Hampshire Rules of Evidence to determine whether any changes should be made.

In an August 3, 2015 report to the Court, the New Hampshire Rules of Evidence Update Committee (“NHRE Update Committee”) made a number of recommendations to amend the rules after considering whether changes that have been made to the Federal Rules of Evidence since 1985 should also be made to the New Hampshire Rules of Evidence. The Court referred the report to the New Hampshire Supreme Court Advisory Committee on Rules in early 2016. The Advisory Committee on Rules held a public hearing on the rules on June 3, 2016 and made a number of changes to the rules based on the comments it received at the public hearing.

Many of the changes recommended by the NHRE Update Committee and the Advisory Committee on Rules and which the Court has adopted are stylistic and are designed to ensure, where appropriate, that the language of the New Hampshire Rule is identical to the language of the federal rule. The NHRE Update Committee and the Advisory Committee on Rules did recommend some substantive changes to the rules. A “2016 NHRE Update Committee Note” following the relevant rule indicates whether a substantive change has been made to the rule, and, if so, why. The “Reporter’s Notes” that were included when the New Hampshire Rules of Evidence were adopted in 1985 have not been updated.

Where the rule amendments are stylistic only, they are not intended to change existing case law that has developed under the rule. In interpreting the rules, New Hampshire case law has primacy over federal case law.



ARTICLE I.  GENERAL PROVISIONS


Rule 100. Adoption and Effective Date; Effect Upon Common Law.


Rule 101. Scope; Definitions.


Rule 102. Purpose and Construction.


Rule 103. Rulings On Evidence.


Rule 104. Preliminary Questions.


Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes.


Rule 106. Remainder of or Related Writings or Recorded Statements.


ARTICLE II.  JUDICIAL NOTICE


Rule 201. Judicial Notice.


ARTICLE III.  PRESUMPTIONS


Rule 301. Presumptions.


ARTICLE IV.  RELEVANCY AND ITS LIMITS


Rule 401. Test for Relevant Evidence.


Rule 402. General Admissibility of Relevant Evidence.


Rule 403. Excluding Relevant Evidence for Prejudice, Confusion or Waste of Time, or Other Reasons.


Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes.


Rule 405. Methods of Proving Character.


Rule 406. Habit; Routine Practice.


Rule 407. Subsequent Remedial Measures.


Rule 408. Compromise and Offers To Compromise.


Rule 409. Offers to Pay Medical and Similar Expenses.


Rule 410. Pleas, Plea Discussions, and Related Statements.


Rule 411. Liability Insurance.


Rule 412. Evidence of Prior Sexual Activity.


ARTICLE V.  PRIVILEGES


Rule 501. Privileges Recognized Only as Provided.


Rule 502. Lawyer-Client Privilege.


Rule 503. Patient's Privilege.


Rule 504. Husband and Wife Privilege.


Rule 505. Religious Privilege.


Rule 506. Reserved.


Rule 507. Trade Secrets.


Rule 508. Reserved.


Rule 509. Identity of Informer.


Rule 510. Waiver of Privilege by Voluntary Disclosure.


Rule 511. Privileged Matter Disclosed Under Compulsion or Without Opportunity To Claim Privilege.


Rule 512. Comment Upon or Inference From Claim of Privilege: Instruction.


ARTICLE VI.  WITNESSES


Rule 601. Competency to Testify in General.


Rule 602. Need for Personal Knowledge.


Rule 603. Oath or Affirmation to Testify Truthfully.


Rule 604. Interpreters.


Rule 605. Judge's Competency as a Witness.


Rule 606. Juror's Competency as a Witness.


Rule 607. Who May Impeach a Witness.


Rule 608. A Witness's Character for Truthfulness or Untruthfulness.


Rule 609. Impeachment by Evidence of A Criminal Conviction.


Rule 610. Religious Beliefs or Opinions.


Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence.


Rule 612. Writing Uses to Refresh a Witness's Memory.


Rule 613. Witness's Prior Statements.


Rule 614. Court's Calling or Examing a Witness.


Rule 615. Excluding Witnesses.


ARTICLE VII.  OPINIONS AND EXPERT TESTIMONY


Rule 701. Opinion Testimony by Lay Witnesses.


Rule 702. Testimony by Expert Witnesses.


Rule 703. Bases of An Expert's Opinion Testimony.


Rule 704. Opinion on an Ultimate Issue.


Rule 705. Disclosing the Facts or Data Underlying an Expert's Opinion.


Rule 706. Reserved.


ARTICLE VIII.  HEARSAY


Rule 801. Definitions That Apply to this Article; Exclusions from Hearsay.

Rule 802. The Rule Against Hearsay.


Rule 803. Exceptions to the Rule Against Hearsay - Regardless of Whether the Declarant is Available as a Witness.


Rule 804. Exceptions to the Rule Against Hearsay - When the Declarant Is Unavailable as a Witness.


Rule 805. Hearsay Within Hearsay.


Rule 806. Attacking and Supporting the Declarant's Credibility.


Rule 807. Residual Exception.


ARTICLE IX.  AUTHENTICATION AND IDENTIFICATION


Rule 901. Authenticating or Identifying Evidence.


Rule 902. Evidence that is Self-Authenticating.


Rule 903. Subscribing Witness.


ARTICLE X.  CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS


Rule 1001. Definitions that Apply to this Article.


Rule 1002. Requirement of the Original.


Rule 1003. Admissibility of Duplicates.


Rule 1004. Admissibility of Other Evidence of Contents.


Rule 1005. Copies of Public Records to Prove Content.


Rule 1006. Summaries to Prove Content
.

Rule 1007. Testimony or Statement of a Party to Prove Content.

Rule 1008. Functions of the Court and Jury.

 


ARTICLE XI.  MISCELLANEOUS RULES


Rule 1101. Applicability of Rules.


Rule 1102. Amendments.


Rule 1103. Title.

NOTE: The rules as published herein are subject to revisions promulgated from time to time by the New Hampshire Supreme Court and published in the New Hampshire Bar News. See Supreme Court Rules 1 and 51.

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