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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.]

JOINDER OF OFFENSES

    
97-A. (I)  Joinder of Offenses.

            (A)  Related Offenses. Two or more offenses are related if they:

                (i) are alleged to have occurred during a single criminal episode; or

                (ii) constitute parts of a common scheme or plan; or

                (iii) are alleged to have occurred during separate criminal episodes, but nonetheless, are logically and factually connected in a manner that does not solely demonstrate that the accused has a propensity to engage in criminal conduct.

            (B)  Joinder of Related Offenses for Trial. If a defendant is charged with two or more related offenses, either party may move for joinder of such charges. The trial judge shall join the charges for trial unless the trial judge determines that joinder is not in the best interests of justice.

            (C) Joinder of Unrelated Offenses.  Upon written motion of a defendant, or with the defendantís written consent, the trial judge may join for trial two or more charges of unrelated offenses upon a showing that failure to try the charges together would constitute harassment or unduly consume the time or resources of the parties.  The trial judge shall join the charges for trial unless the trial judge determines that joinder is not in the best interest of justice.

        (II)  Relief from Prejudicial Joinder.  If it appears that a joinder of offenses is not in the best interests of justice, the judge may upon his or her own motion or the motion of either party order an election of separate trials or provide whatever other relief justice may require.

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