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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.]

APPENDIX


Superior Court Speedy Trial Policy.

   
    Where the defendant is not incarcerated, every misdemeanor case pending without disposition after 6 months from date of entry and every felony case pending without disposition after 9 months from date of an indictment shall be scheduled forthwith for a show cause hearing as to whether, under the principles of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182. 33 L.Ed.2d 101 (1972), the case should be dismissed for lack of a speedy trial.

    Where the defendant is incarcerated, every case pending without disposition after 4 months from date of entry or indictment shall be scheduled forthwith for a show cause hearing as to whether, under the principles of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), the case should be dismissed for lack of a speedy trial.

    When a defendant has filed a waiver of speedy trial rights, the case shall be rescheduled by the Clerk and the foregoing periods shall run from the date of such waiver.

        1. To implement the Superior Court policy on speedy trial, the Chief Justice of the Superior Court shall annually designate a justice to be the criminal case monitoring justice to oversee the policy in each county as of April 1 of each year. The Chief Justice as well as the criminal case monitoring justice will receive a copy of the monitoring form as well as the uniform jailer report by the seventh day of each month. In consultation with the clerk of that county, the criminal case monitoring justice shall be responsible to see that the speedy trial policy is being adhered to and in addition to see that the criminal docket is arranged so as to avoid the 4 month and 9 month "show cause" hearings to the maximum extent possible through the case scheduling process. The monthly monitoring reports shall list in numerical sequence all active criminal cases pending for longer than 3 months, that is those not dismissed, nol prossed or in which sentences have not been imposed. The clerk of each county shall provide the senior presiding justice in that county with copies of the monthly monitoring reports.

        2. By the seventh day of each month, each of the county jailers shall provide on the uniform jail form a listing in alphabetical order of all detainees held in the county jail as of the first day of each month. The form shall be:

            a) filed with the clerk of court;

            b) mailed to the criminal case monitoring justice whose name shall be provided to the jailers by the Chief Justice of the Superior Court each April 1; and

            c) mailed to the Chief Justice of the Superior Court.

        3. On August 15, 1982, and quarterly thereafter, the Chief Justice of the Superior Court shall forward the most recent jail and monitoring reports from all ten counties to the Chief Justice of the Supreme Court to assist him in determining what changes, if any, may be necessary in the monitoring process.



____________________ County                                 Date _____________


CRIMINAL CASE

ACTIVITY REPORT - ACTIVE CASES ONLY


Docket        Date In-        Defendant's    Offense       Status       Comments
Number       carerated       Name                                              or Status Notes
                (If Applicable)

                                                               
Date of         Date of
                                                               Indictment     Appeal of










                                            THE STATE OF NEW HAMPSHIRE
                                                        SUPERIOR COURT

                                                                                ________________ COUNTY

                                                            Reporting Date ________________


The following information relates to prisoners who were bound over for trial and who were in confinement in the County Jail of this County on the reporting date.

Name               Date        Charge   Committing      Length of Time Confined as of
(Alphabetical     Admitted               Court             Reporting Date Awaiting Trial
 Order)                                                            in Superior Court -- Number of
   
                                                                   Weeks



____________________________                                  ________________________________

Signature                                                        Title of Jailer, Superintendent or
                                                                     Administrator

 


Decree For Special Town Meeting.

    
    The above entitled petition came before the Court for hearing and the Court, having considered the evidence, finds that an emergency has arisen in the Town of                    which may require an immediate expenditure of money.

    It is hereby ordered, adjudged and decreed that the Selectmen of the Town of                         are hereby authorized to hold a Special Town Meeting (insert time and place of meeting), for the purpose of acting upon the article(s) set forth in the accompanying petition, and the Special Town Meeting shall have the same authority as that of an annual Town Meeting.

    The above approval is conditioned upon compliance with all statutory requirements relating to posting and notice which control such a Special Meeting.

    This decree is made solely for the purpose of permitting the Special Town Meeting to be held, and it is not to be construed nor interpreted in any other manner nor for any other purpose whatsoever.


Decree For Special School Meeting.


    The above entitled petition came before the Court for hearing and the Court, having considered the evidence, finds that an emergency has arisen within The                                  School District which may require an immediate expenditure of money.

    It is hereby ordered, adjudged and decreed that the said School District is authorized to hold a Special School District Meeting (insert time and place of meeting), for the purpose of acting upon the article(s) set forth in the accompanying petition, and the School District Meeting shall have the same authority as that of an annual School District Meeting.

    The above approval is conditioned upon compliance with all statutory requirements relating to posting and notice which control such a Special Meeting.

    This decree is made solely for the purpose of permitting the Special Meeting to be held, and it is not to be construed nor interpreted in any other manner nor for any other purpose whatsoever.

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