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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: 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.]

ADMISSION OF RELEVANT FACTS, GENUINENESS OF DOCUMENTS AND SIGNATURES

    
    53. The signatures and indorsements of all written instruments declared on will be considered as admitted unless the defendant shall file a notice within thirty days after the return day at which the writ is entered that they are disputed.


    54. Any party, desiring to obtain admission of the signature on or the genuineness of any relevant document or of any relevant facts which he believes not to be in dispute, may, after the return day of the action without leave of Court, file an original request therefor with the Clerk, accompanied by any original documents involved, and deliver a copy of such request and documents by mail or in hand to the adverse party or his attorney. Each of the matters, of which an admission is requested, shall be deemed admitted unless within thirty days after such delivery the party requested files with the Clerk and delivers a copy thereof by mail or in hand to the party requesting such admission, or his attorney, either a sworn denial thereof or a written objection on the ground of privilege or that it is otherwise improper.

    If objection is made to part of a request, the remainder shall be answered within the time limit, and when good faith requires that a party qualify his answer or deny only part of a matter, he shall specify so much of it as is true and qualify or deny the remainder.

    Any party, who without good reason or in bad faith, denies under this rule or Rule 53 any signature or fact which has been requested and which is thereafter proved, or who without good reason or in bad faith requests such admission under this rule and thereafter fails to prove it, may, on motion of the other party, be ordered to pay the reasonable expense, including counsel fees, incurred by such other party in proving the signature or fact or in denying the request, as the case may be.


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