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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. Grand Jury Transcripts.


    (1) Upon application of the Attorney General or upon the Court's own motion, a Justice of the Superior Court may authorize a stenographic record of the testimony of any witness before a grand jury to be taken by a sworn and qualified reporter. Upon the request of the Attorney General, a transcript of any recorded grand jury proceedings shall be prepared and delivered to him for use only in the enforcement of the State's criminal laws. Without further authorization from the Court, the Attorney General shall not exhibit the transcript or disclose its contents to anyone except a member of his office or a law enforcement officer specifically assigned by him to perform duties to which the contents of the transcript are relevant.

    (2) No later than five days before trial, or later for good cause shown, the Attorney General may petition the Court for authority to use at trial any transcript that has been delivered to him under 1, above. The Court may grant such a petition upon a showing of particularized need for such use. The State shall not use the transcript of testimony of a witness to impeach, refresh recollection or otherwise without first providing a transcript of the entire testimony of that witness to opposing counsel at such reasonable time as the Court may order.

    (3) Where any record of grand jury proceedings is authorized, the Justice authorizing the records shall make every effort to recognize and protect the rights and physical well-being of witnesses who testify before the grand jury, by issuing protective orders where necessary to prevent harm to a witness by the disclosure of his testimony.

    (4) Upon application from a county attorney or the Attorney General, a Justice of the Superior Court may authorize bailiffs, interpreters, or other court personnel to be present while the grand jury is taking evidence, subject to the obligation to preserve the secrecy of the proceedings.

    (5) Within ten days of a plea of not guilty to an indictment in support of which a grand jury has heard testimony that has been transcribed, the State shall inform defense counsel that transcription of testimony was authorized, provided that nothing in this subsection shall be deemed to require the State to reveal the identity of any witness before a grand jury.

    (6) Upon application made no later than 30 days before trial, or later for good cause shown, a defendant, upon a showing of particularized need, may be authorized to examine and copy relevant parts of the stenographic record.

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