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Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

ADMINISTRATIVE RULES 35 TO 59

Rule 52-A. Multicounty Grand Juries.


    1. An application for a multicounty grand jury shall be made by the attorney general or his designee. The application shall include the following:

   
     (a) A statement by the attorney general or his designee that the convening of a multicounty grand jury is necessary, in his judgment:

            (1) Because of an alleged crime or crimes involving more than one county or judicial district thereof of the state; and

            (2) The grand jury functions cannot be effectively performed by a county grand jury.

        (b) A statement identifying the crime or crimes under investigation and setting forth reasons why a county grand jury cannot effectively perform the grand jury functions.

        (c) A statement as to whether the multicounty grand jury will have statewide jurisdiction or, if not, a listing of the counties or judicial districts thereof over which the multicounty grand jury shall have jurisdiction.

        (d) A statement identifying the counties or judicial districts thereof which shall supply jurors and number of jurors to be supplied by each county or judicial district thereof.

        (e) A statement designating the location or locations for the multicounty grand jury proceedings. Such location or locations need not be restricted to the county or counties or judicial districts thereof supplying jurors.

        (f) A statement that all evidence to be presented to the multicounty grand jury shall be presented by the attorney general or his designee and that all indictments returned by the multicounty grand jury shall be prosecuted by the attorney general or his designee.

    2. The attorney general or his designee shall file an original and one copy of the application with the clerk of the supreme court. The application and copy shall be upon good quality, 8 1/2 by 11 inch paper. The text of the application shall be double spaced.

    3. The original and all copies of an application for a multicounty grand jury shall be sealed by the clerk of the supreme court.

    4. An order granting an application for the convening of a multicounty grand jury, which shall be sealed by the clerk of the supreme court, shall, in addition to the information set forth under RSA 600-A:2:

        (a) Designate the clerk of the superior court in which the multicounty grand jury proceeding is to be located as the primary clerk for the selection of grand jurors in the ratios identified by the court in its order.

        (b) Include a statement that the selection of supplemental grand jurors, if necessary, shall maintain the ratio of multicounty grand jurors as identified in the court's initial order.

        (c) A statement that all judicial proceedings, if any, involving the proper activities of the multicounty grand jury shall be sealed and a stenographic record shall be made of all such proceedings.

    5. Transcripts of multicounty grand jury proceedings shall be governed by the provisions of Supreme Court Rule 52.

    6. Within 60 days of the conclusion of an investigation conducted by a multicounty grand jury which does not result in an indictment, the attorney general or his designee shall provide the chief justice with a report summarizing the matters under investigation and the attorney general's finding with regard to those matters. The attorney general's report to the chief justice shall be sealed.

    7. Motions to extend a multicounty grand jury shall be filed with the justice of the superior court supervising the multicounty grand jury. Any such extension shall be granted only if good cause is shown. The supervising superior court justice may extend the term of a multicounty grand jury only for such period as is necessary to complete the investigation; provided, however, that any such extension shall not exceed six months. The attorney general or his designee may apply for more than one extension.

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