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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.]

DEPOSITIONS

    

    37. No deposition taken after the Monday next preceding the first day of the term shall be used in any trial, unless the deponent is a witness, except for good cause shown and upon such terms as the Court may order.


    38. No notice to the adverse party of the taking of depositions shall be deemed reasonable unless served at least three days, exclusive of the day of service and the day of caption, before the day on which they are to be taken. Provided, however, that twenty days' notice shall be deemed reasonable in all cases, unless otherwise ordered by the Court. No deposition shall be taken within twenty days after service of the writ or bill, except by agreement or by leave of Court for good cause shown.


    39. Every notice of a deposition to be taken within the State shall contain the name of the stenographer proposed to record the testimony.


    40. When a statute requires notice of the taking of depositions to be given to the adverse party, it may be given to such party or the party's attorney of record. In cases where the action is in the name of a nominal party and the writ or docket discloses the real party in interest, notice shall be given either to the party in interest or that party's attorney of record. Notices given pursuant to this rule may be given by mail or by service in hand. If a subpoena duces tecum is to be served on the deponent, the notice to the adverse party must be served before service of the subpoena, and the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment.


    41. The interrogatories shall be put by the attorneys and the interrogatories and answers shall be taken in shorthand or other form of verbatim reporting approved by the Court and transcribed by a competent stenographer agreed upon by the parties or their attorneys present at the deposition. In the absence of such agreements, the stenographer shall be designated by the Court. Failure to object in writing to a stenographer in advance of the taking of a deposition shall be deemed agreement to the stenographer recording the testimony.
    
    No deposition, as transcribed, shall be changed or altered, but any alleged errors may be set forth in a separate document attached to the original and copies.
    
    The magistrate shall cause to be noted any objection to any interrogatory or answer without deciding its competency. If complaint is made of interference with any witness, the magistrate shall cause such complaint to be noted and shall certify the correctness or incorrectness thereof in the caption.
    
    Upon motion, the Court may order the filing of depositions, and, upon failure to comply with such order, the Court may take such action as justice may require.


    42. In civil actions, the signature of a person outside the State, acting as an officer legally empowered to take depositions or affidavits, with his seal affixed, where one is required, to the certificate of an oath administered by him in the taking of affidavits or depositions, will be prima facie evidence of his authority so to act.


    43. If any party shall, on the first day of the term, file his depositions, forthwith notifying the adverse party or his attorney thereof, in writing, all objections to the caption shall be waived, unless such adverse party shall file such objections within seven days.


    44. The deponent, on deposition or on written interrogatory, shall ordinarily be required to answer all questions not subject to privilege or excused by the statute relating to depositions, and it is not grounds for refusal to answer a particular question that the testimony would be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence and does not violate any privilege.

    If any deponent refuses to answer any question propounded on deposition, or any party fails or refuses to answer any written interrogatory authorized by these rules, or fails to comply within twenty days after written request to, the party propounding the question may, upon notice to all persons affected thereby, apply by motion to the Court for an order compelling an answer. If the motion is granted, and if the Court finds that the refusal was without substantial justification or was frivolous or unreasonable, the Court may, and ordinarily will, require the deponent and the party or attorney advising the refusal, or either of them, to pay the examining or requesting party the reasonable expenses incurred in obtaining the order, including reasonable counsel fees.

    If the motion is denied and if the Court finds that the motion was made without substantial justification or was frivolous or unreasonable, the Court may, and ordinarily will, require the examining party or the attorney advising the motion, or both of them, to pay to the witness the reasonable expenses incurred in opposing the motion, including reasonable counsel fees.


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