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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 57-A. Custody and Return of Documents and Materials Filed In Camera in Trial Courts.

   
   (a) During the time a case is pending in the trial court, all documents and materials filed in camera with the court shall be maintained by the court.

   (b) Civil Cases

(1) Upon the final conclusion of a civil case in the trial court, documents and materials filed in camera will be held at the court until such time as the appeal period has expired.  At that time, the clerk shall return the documents and materials filed in camera to the individual or organization that furnished them, unless the court orders otherwise.

    (2) If an appeal is filed in a civil case, the documents and materials filed in camera shall remain in the custody of the trial court pending resolution of the appeal unless the supreme court orders that they be transferred for purposes of the appeal.  Upon receipt of the mandate from the supreme court, and if no further proceedings are required, the trial court clerk shall return the documents and materials filed in camera to the individual or organization that furnished them, unless the court orders otherwise.

(c) Criminal Cases  

(1) Upon the final conclusion of a criminal case in the trial court, documents and materials filed in camera will be held at the court as a part of the official court file for a period of ten (10) years after the appeal period in the case has expired. After ten years, the clerk or designee shall destroy the in camera documents unless a written request has been made prior to that date for the records to be retained for an additional specified period.

(2) If an appeal is filed in a criminal case, the documents and materials filed in camera shall remain in the custody of the trial court pending resolution of the appeal unless the supreme court orders that they be transferred for the purposes of the appeal. The trial court clerk shall retain the documents as part of the official court file for a period of ten (10) years from the date of the supreme court mandate. After ten years, the clerk or designee shall destroy the in camera documents unless a written request has been made prior to that date for the records to be retained for an additional specified period.


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