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Superior Court Rules Table of Contents

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

 

[Editor’s note:  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.]

[Editor’s note: The Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases do not apply to criminal cases pending or filed in Strafford and Cheshire counties on or after January 1, 2016. The Strafford and Cheshire County Rules of Criminal Procedure shall apply to criminal cases pending or filed on or after January 1, 2016 in Strafford and Cheshire counties.]

SUBDIVISION OF SUSPENDED SENTENCE

    
    103. Whenever, in any criminal case, a sentence, or any part thereof, is suspended, the Court may thereafter subdivide said suspended sentence into two or more parts, and the defendant may be required to serve any part thereof, with the balance remaining suspended, until further order of the Court, and the defendant may be required to serve the sentence in installments or by intermittent incarceration.


    103-A. Whenever any petition to suspend, amend, reduce or otherwise change the custody status of any person incarcerated in New Hampshire State Prison is filed with the Court, a copy thereof shall be forwarded by counsel for the defendant to the Prosecutor and the Warden of the State Prison. In the event that the defendant files such petition pro se, the Clerk shall forward a copy thereof to the Prosecutor and the Warden of the State Prison. The Prosecutor and the Warden of the State Prison shall have a period of thirty (30) days in which to file a response thereto with copies thereof furnished to petitioner, or petitioner's counsel, if represented. This rule does not apply to petitions for habeas corpus.

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