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RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE APPLICABLE IN CRIMINAL CASES FILED IN SUPERIOR COURT

 

[Editor’s note: The rules that follow were, prior to October 1, 2013, titled Rules of the Superior Court of the State of New Hampshire. Effective October 1, 2013, these rules applied only in criminal cases filed in Superior Court and in domestic relations cases filed in the Cheshire County Superior Court. Effective December 16, 2013 these rules apply only in criminal cases filed in Superior Court. For civil cases filed or pending in Superior Court on or after October 1, 2013, see the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions.]


PREFACE


    As good cause appears and as justice may require, the court may waive the application of any rule.

    Upon the violation of any rule of court, the court may take such action as justice may require. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party. 

    References in court rules to the district court shall be deemed to include the circuit court  district division; references to the probate court shall be deemed to include the circuit court  probate division; and references to the judicial branch family division shall be deemed to include the circuit court family division.


WRITS


    1. The Clerks shall deliver blank writs to no one except attorneys who have been admitted by the Supreme Court, provided, however, if a party shall elect to prosecute a suit in his own proper person or by a citizen of good character who is not an attorney of the Courts, he shall, upon filing with the Clerk his receipt specifying the action in which a writ is desired for use, be entitled to receive personally from the Clerk a blank writ on which said Clerk shall endorse over the date of delivery and his signature the words "For use only in an action wherein ____________ plaintiff and ____________ defendant". If such party shall elect to prosecute by such citizen of good character, he shall before receiving said blank writ file with the Clerk a letter of attorney constituting such person his attorney in such action. The use of a writ so received for any other action or purpose than that specified in said receipt and endorsed on said writ shall be deemed an abuse of process, and the recipient and any other person offending shall be subject to contempt of Court. The Clerk shall acquaint each recipient with the wording and import of this rule.

    No attorney, who has been admitted by the Supreme Court, shall suffer any blank writ to be used by any other person than himself or some attorney of the Court.

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