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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.]

USE OF VIDEO TAPE DEPOSITIONS


    45. The Court, within its discretion, may allow the use of video tape depositions that have been taken by agreement; and provided further that, if the parties cannot reach such an agreement, the Court may, in its discretion, order the taking and/or use of such depositions. At the commencement of the video tape deposition, counsel representing the deponent should state whose deposition it is, what case it is being taken for, where it is being taken, who the lawyers are that will be asking the questions, and the date and the time of the deposition. Care should be taken to have the witnesses speak slowly and distinctly and that papers be readily available for reference without undue delay and unnecessary noise. Counsel and witnesses shall comport themselves at all times as if they were actually in the courtroom.
    
    If any problem arises as to the admissibility or inadmissibility of evidence, this should be handled in the same manner as written depositions.


    45-A. A party who intends to use a video tape deposition at trial shall provide the Court at the pretrial settlement conference or five business days prior to trial, whichever is earlier, with a transcript of the entire video tape proceedings.  This requirement may be waived in whole or in part only by the court; the parties may not dispense with this requirement by agreement alone.

    The provisions of Rule 41 with respect to objections to testimony or evidence shall also apply to a video tape deposition.


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