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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.]

CRIMINAL PROCEEDINGS


MOTIONS TO SUPPRESS EVIDENCE

    
    94. Whenever a motion to suppress evidence is filed before trial in any criminal case, the Court will determine, in its discretion, whether to hear the motion in advance of trial or at the trial when the evidence is offered.

    If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the Court on the same issue at the trial. If the evidence is found to be admissible in advance of trial, it will be admitted at the trial without further hearing as to its admissibility. If the evidence is found to be inadmissible, it will not be admitted at the trial, and the prosecution shall not refer to such evidence in its opening or otherwise and shall make no offer thereof in the presence of the jury. Objections to the Court's ruling in advance of trial admitting the evidence shall be transferred on appeal after trial and not in advance of trial except in the discretion of the Court in exceptional circumstances.

    At the hearing in advance of trial, the burden of proof shall be upon the State as it would be if the issue were raised at trial.

    In determining whether to hear a motion to suppress in advance of trial, the Court will consider any prejudice which may result to the State by disclosure in advance of trial of evidence necessary to meet the burden of proof.

    Every motion to suppress evidence 1) shall be filed in accordance with the schedule provided pursuant to Rule 96-A and 2) shall be in writing and specifically set forth all the facts and grounds in separate numbered paragraphs upon which the motion is based and 3) shall be signed by the defendant or his or her counsel and verified by a separate affidavit of the defendant or such other person having knowledge of the facts upon which the affidavit is based. Such motions shall be filed not later than forty-five (45) calendar days prior to the scheduled jury selection date, or within such other time in advance of trial as the Court may order for good cause shown or may provide for in a pretrial scheduling order. The Court, in its discretion, may entertain such motions prior to, or during, trial.

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