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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.]  

TRIALS BEFORE AUDITORS, MASTERS AND REFEREES


    81. Whenever an auditor, master or referee shall be appointed, the rule shall be issued, the cause tried and the report made, within such time as the Court may direct therein. If no report shall be made within the time so limited, the Court may discharge the rule.
    
    If no time is limited by the Court in the rule, the auditor, master, or referee, having been duly sworn, shall give fourteen days' notice of the hearing to the attorneys of record in the matter in sufficient season so that a report may be returned to the next term of Court.
    
    Commissions to auditors, masters, or referees shall be charged to the plaintiff to be taxed in his bill of costs if he shall prevail.


    82. If either party neglects or refuses to appear or to render an account, or produce any books and papers or answer on oath proper interrogatories, the auditor, master or referee shall certify the fact to the court, and the court shall take such action as justice may require.

    83. In actions sent to an auditor, master or referee, the hearing shall proceed according to the rules of law or equity, as the case may be, and the practice in Court. For the purposes of the hearing before him, the auditor, master or referee may allow amendments in the same manner and to the same extent as if the action were tried in Court; and, when amendments are so allowed, he shall report such facts with reference thereto as will enable the Court to revise the discretion exercised by him, if either party so requests. He shall certify the costs of each party before him, and the amount of his own fees and expenses, and report any facts by him deemed material to the Court in the determination of the costs.


    84. The report of a master, auditor or referee to whom a matter has been referred will be presented to the Presiding Justice for his order and thereafter sent to counsel who shall preserve their rights as though the case were originally heard by a Justice of the Superior Court.


    85. If any question of law shall arise at the hearing before the auditor, master or referee, he shall, at the request of either party, state in his report such facts appearing in evidence as raise the question, together with his ruling thereon; and thereupon such order shall be made as justice may require.


    85-A. Before any special master is appointed by agreement of the parties, there shall be filed with the court statements in writing signed by each client evidencing that the client understands that he is under no obligation to accept a special master or to compensate anyone for sitting as such; that if a special master is appointed each side will bear an equal share of the cost in the first instance; that if he chooses not to agree to the appointment of a special master his decision will not be noted in the records of the court or be made known to the court in any way; and that the decision to appoint a special master is being made solely for the purposes of its effect on the scheduling of the case, and on counsel fees to the extent that they may be affected by scheduling.


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