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Criminal Rules Table of Contents

 

THE NEW HAMPSHIRE RULES OF CRIMINAL PROCEDURE


 
VIII. RULES APPLICABLE IN ALL CRIMINAL PROCEEDINGS


Rule 35. Filings with the Court

(a) All pleadings and forms filed shall be upon 8 1/2 x 11 inch paper and shall be either typewritten or hand-printed and double-spaced so that they are clearly legible. No pleading, motion, objection, or the like, which is contained in a letter, will be accepted by the clerk, or acted on by the court.

(b) In any case in which all parties are represented by lawyers, all parties' counsel may agree that pleadings filed and communications addressed to the court may be furnished to all other counsel by email. An agreement may be filed with the court by stipulation. Such agreement shall list the email address(es) at which counsel agree to be served. The email header shall include the caption of the case and its docket number. Pleadings and communications furnished in accordance with this rule shall be attached to the email in .PDF file format. Documents so furnished may have on their signature lines a copy of counsel's signature, a facsimile thereof, “/s/ [counsel's name]” as used in the federal ECF system, or similar notation indicating the document was signed.

(c) A party filing a pleading shall certify that a copy of the pleading and all attachments was mailed first class or delivered to all opposing counsel and any guardian ad litem. This rule shall not apply to ex parte pleadings and shall not require a party to provide duplicate copies of documents already in another party’s possession.

(d) A no contact order in a domestic violence, stalking, or similar matter shall not prevent either party from filing appearances, motions, and other appropriate pleadings. At the request of the party filing the pleading, the court shall forward a copy of the pleading to the party or counsel specified in the request. Furthermore, the no contact provisions shall not be deemed to prevent contact between counsel when both parties are represented.

(e) For the purpose of compliance with any time deadlines or statutes of limitation, the terms “filing” and “entry” shall have the same meaning and shall be used interchangeably. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the court’s database, the earlier of the two shall be accepted as the filing date.

(f) In computing any period of time prescribed or allowed by these rules, by order of court, or by applicable law, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, or a legal holiday as specified in RSA chapter 288.

(g) All pleadings and the appearance and withdrawal of counsel shall be signed by the attorney of record or the attorney’s associate or by a self-represented party. Names, addresses, New Hampshire Bar Association member identification numbers, and telephone numbers shall be typed or stamped beneath all signatures on papers to be filed or served. No attorney or self-represented party will be heard until an appearance is so entered.

(h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorney’s knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay.

(i)  Requirements Relating to Motions Filed in Superior Court.

(1)  The court will not hear any motion grounded upon facts, unless they are verified by affidavit, or are apparent from the record or from the papers on file in the case, or are agreed to and stated in writing signed by the parties or their attorneys; and the same rule will be applied as to all facts relied on in opposing any motion. Any party filing a motion shall certify to the court that a good faith attempt was made to obtain concurrence in the relief sought, except in the case of dispositive motions, motions for contempt or sanctions, or comparable motions where it can be reasonably assumed that the party or counsel will be unable to obtain concurrence. Any answer or objection to a motion must be filed within ten days of filing of the motion. Failure to object shall not, in and of itself, be grounds for granting a motion.

(2)  All motions must contain the word “motion” in the title.  Filers shall not combine multiple motions seeking separate and distinct relief into a single filing.  Separate motions must be filed.  Objections to pending motions and affirmative motions for relief shall not be combined in one filing.

 

Comment

The provisions of Rule 35 are consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rules1.1A (“Computation and Extension of Time”), 1.3 (“Attorneys”) and 1.3-A (“Pleadings – Copies to all parties”).

 


Rule 36. Conduct of Attorneys

(a) Lawyers shall stand when addressing the court or examining a witness. The rule may be waived if the lawyer is physically unable to stand or for other good cause.

(b) An attorney may not participate as an advocate in a trial in which the attorney has testified, unless permitted to do so by the Rules of Professional Conduct.

(c) No lawyer shall be compelled to testify in any case in which the lawyer represents a party unless the lawyer has been notified in writing at least thirty days in advance of trial in superior court and at least five days in advance of trial in circuit court-district division. The attorney shall be afforded an opportunity to be heard prior to the start of trial.

 

Comment

The provisions of Rule 36 are consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.3 (“Attorneys”).

The issuance of a subpoena to an attorney of record is a matter also addressed by the Rules of Professional Conduct. N.H. R. of Prof. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. 1984).

 

Rule 37. Suspension of Rules; Violations of the Rules of Court

(a) When allowed by law and as justice may require, the court may waive the application of any rule.

(b) Upon the violation of any rule of court, the court may take such action as justice may require. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party.

(c) The Court may assess reasonable costs, including reasonable counsel fees, against any party whose frivolous or unreasonable conduct makes necessary the filing of or hearing on any motion.


Comment

The provisions of Rule 37 are consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.1 (“Relief from failure to comply”) and 1.2 (“Violation of rules”).

 

Rule 38. Plain Error

Plain error that affects substantial rights may be considered even though it was not brought to the court's attention.



Rule 39. Assignment to Specific Judges

(a) Circuit Court-District Division

(1) Special Assignments. The administrative judge of the circuit court may specially assign a case to a specific judge.

(2) Motion for Special Assignment. If an attorney of record seeks a special assignment to a judge, a motion for special assignment shall be filed. The motion shall set forth the grounds justifying the request and shall state whether or not counsel of record join in or object to the motion. Thereafter, the administrative judge of the circuit court shall rule on the motion.

(b) Superior Court

(1) Complex Cases. Those cases that are of a complex nature, or are potentially of prolonged duration, may be assigned to a specific judge by the chief justice of the superior court sua sponte, or upon a motion for special assignment filed by any party. A party seeking special assignment shall file a motion setting forth the grounds justifying the request and shall state whether or not counsel of record join in or object to the motion. Thereafter, the chief justice shall rule on the motion.

(2) Assigned Docketing. In the event that the case is brought in a superior court which uses a system of assigned docketing, the clerk shall assign the case to a particular judge.

 

Rule 40. Recusal

All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the court. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. If a record of the proceedings is not available, the trial judge shall make a record of the request, the court's findings, and its order. The court's ruling on the motion shall issue promptly. If the motion is denied, the court’s ruling shall be supported by findings of fact with respect to the allegations contained in the motion.


Comment

 

Rule 40 is consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.8-A(H).

 

Rule 41. Immunity

(a) Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide information in a proceeding before, or ancillary to, a Circuit Court-District Division or Superior Court or a Grand Jury, a prosecutor may, with the prior written approval of the Attorney General or County Attorney for the jurisdiction where offenses are alleged to have occurred, request an order from the court requiring such individual to give testimony or provide other information that the individual refuses to give or provide on the basis of the privilege against self-incrimination, when in the judgment of the Attorney General or County Attorney:

(1) The testimony or other information from such individual may be necessary to the public interest; and

(2) Such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination.

(b) Whenever the court communicates on the record to the witness an order issued under paragraph (a), the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case or forfeiture. However, the witness may be prosecuted or subject to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence in accordance with the order.


Comment

 

Rule 41 is based on RSA 516:34, which allows a prosecutor to request an order of immunity. The court cannot grant use immunity sua sponte under the immunity statute. The power to grant immunity lies solely with the State. State v. Flood, 159 N.H. 353 (2009).

 

Rule 42. Non-Members of the New Hampshire Bar

(a) Non-attorneys. New Hampshire certified police officers who are not members of the New Hampshire Bar may prosecute misdemeanors and violation offenses on behalf of the State in the Circuit Court-District Division.

(b) Pro Hac Vice

(1) An attorney who is not a member of the New Hampshire Bar shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State is associated with the non-member attorney and the member attorney is present at the trial or hearing.

(2) An attorney who is not a member of the New Hampshire Bar seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information:

(A) The applicant's residence and business address;

(B) The name, address and phone number of each client sought to be represented;

(C) The courts before which the applicant has been admitted to practice and the respective period(s) of admission;

(D) Whether the applicant:

(i) Has been denied admission pro hac vice in this state;

(ii) Had admission pro hac vice revoked in this state; or

(iii) Has otherwise formally been disciplined or sanctioned by any court in this state. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings;

(E) Whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;

(F) Whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); and

(G) The name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this state within the preceding two years; the date of each application; and the outcome of the application.

(H) In addition, unless this requirement is waived by the court, the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at any trial or hearing.

(3) The court has discretion as to whether to grant applications for admission pro hac vice. An application ordinarily should be granted unless the court finds reason to believe that such admission:

(A) May be detrimental to the prompt, fair and efficient administration of justice;

(B) May be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent;

(C) One or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or

(D) The applicant has engaged in such frequent appearances as to constitute common practice in this state.

(4) An applicant for permission to appear pro hac vice shall pay a nonrefundable fee; provided that not more than one application fee may be required per non-member attorney for consolidated or related matters regardless of how many applications are made in the consolidated or related proceedings by the non-member attorney; and further provided that the requirement of an application fee may be waived to permit pro bono representation of an indigent client or clients, in the discretion of the court.


Comment

Rule 42 is consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.3 (“Attorneys”).



Rule 43. Motions for Reconsideration

(a) A motion for reconsideration or other post-decision relief shall be filed within ten days of the date on the clerk’s written notice of the order or decision, which shall be mailed by the clerk on the date of the notice. The motion shall state, with particular clarity, points of law or fact that the court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present; but the motion shall not exceed ten pages. To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. A hearing on the motion shall not be permitted except by order of the court.

(b) No answer to a motion for reconsideration or other post-decision relief shall be required unless ordered by the court, but any answer or objection must be filed within ten days of notification of the motion.

(c) If a motion for reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without rehearing or may schedule a further hearing.

(d) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the court unless, upon specific written request, the court has ordered such a stay.

Comment

The third sentence of paragraph (a) derives from N.H. Dep’t of Corrections v. Butland, 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16-A.

 

Rule 44. Special Procedures in Superior Court Regarding Sex-Related Offenses Against Children

(a) In any superior court case alleging a sex-related offense in which a minor child was a victim, the court shall allow the use of anatomically correct drawings and/or anatomically correct dolls as demonstrative evidence to assist the alleged victim or minor witness in testifying, unless otherwise ordered by the court for good cause shown.

(b) In the event that the alleged victim or minor witness is nervous, afraid, timid, or otherwise reluctant to testify, the court may allow the use of leading questions during the initial testimony but shall not allow the use of such questions relating to any essential element of the criminal offense.

(c) The clerk shall schedule a pretrial conference, to be held within forty-five days of the filing of an indictment, for the purpose of establishing a discovery schedule and trial date. At such conference, the court shall consider the advisability and need for the appointment of a guardian ad litem to represent the interests of the alleged victim.

(d) In the event that a guardian ad litem is appointed to represent the interests of a minor victim or witness, the role and scope of services of the guardian ad litem shall be explicitly outlined by the trial judge prior to trial.

(e) The guardian ad litem appointed under this rule shall be compensated at the same hourly rate and shall be subject to the same case maximums as set forth for defense counsel in misdemeanor cases under the provisions of Supreme Court Rule 47. The guardian ad litem shall also be reimbursed for the guardian’s investigative and related expenses, as allowed under Rule 47, upon a finding of necessity and reasonableness by a justice of the appropriate court, made prior to the said expenses being incurred.

 

Rule 45. Criminal Contempt

(a) Direct Contempt. A direct criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the presence of the judge. Oral notice of the conduct observed must be given by the judge. The contemnor must be given an opportunity to speak and present a defense. The order of contempt shall recite the adjudication and sentence and shall be signed by the judge and entered of record. The disposition, when imposed, shall also be entered on a separately numbered State v. (The Contemnor) file.

(b) Indirect Contempt. An indirect criminal contempt shall be prosecuted with notice. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged. The notice shall be given orally by the judge in open court in the presence of the defendant or, on application of an attorney for the State or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. The defendant is entitled to admission to bail as provided by statute. In a proceeding under this rule, if the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant's consent. Upon a verdict or finding of guilt, the court shall enter an order fixing the punishment.



Comment


With respect to the double jeopardy implications of contempt prosecutions, see State v. Goodnow, 140 N.H. 38 (1995).

 

 

Rule 46. Photographing, Recording, and Broadcasting

(a) Except as otherwise provided by this rule or by other provisions of law, any person, whether or not a member of an established media organization, shall be permitted to photograph, record, and broadcast all court proceedings that are open to the public, provided that such person provides advance notice to the presiding justice in accordance with section (c) of this rule that he or she intends to do so. No person shall photograph, record, or broadcast any court proceeding without providing advance notice to the presiding justice that he or she intends to do so. In addition to giving any parties in interest an opportunity to object, the purpose of the notice requirement is to allow the presiding justice to ensure that the photographing, recording, or broadcasting will not be disruptive to the proceedings and will not be conducted in such a manner or using such equipment as to violate the provisions of this rule.

(b) Official court reporters, court monitors and other persons employed or engaged by the court to make the official record of any court proceeding may record such proceeding by video and/or audio means without compliance with the notice provisions of section (a) of this rule.

(c) Any person desiring to photograph, record, or broadcast any court proceeding, or to bring equipment intended to be used for these purposes into a courtroom, shall submit a written request to the clerk of the court or his or her designee, who, in turn, shall deliver the request to the presiding justice before commencement of the proceeding, or, if the proceeding has already commenced, at the first reasonable opportunity during the proceeding, so the justice before commencement of the proceeding, or at an appropriate time during the proceeding, may give all interested parties a reasonable opportunity to be heard on the request.

(d) Any party to a court proceeding or other interested person who has reason to believe that a request to photograph, record, or broadcast a court proceeding will be made and who desires to place limitations beyond that specified by this rule upon these activities may file a written motion seeking such relief. The motion shall be filed as far in advance of the proceeding as is practicable. Upon the filing of such a motion, the court may schedule a hearing as expeditiously as possible before the commencement of the proceeding and, if a hearing is scheduled, the court shall provide as much notice of the hearing as is reasonably possible to all interested parties and to the Associated Press, which shall disseminate the notice to its members.

(e) No court or justice shall establish notice rules, requirements or procedures that are different than those established by this rule.

(f) At any hearing conducted pursuant to subsections (c) or (d) of this rule, the party or person seeking to prohibit or impose restrictions beyond the terms of this rule on the photographing, recording, or broadcasting of a court proceeding that is open to the public shall bear the burden of demonstrating: (1) that the relief sought advances an overriding public interest that is likely to be prejudiced if the relief is not granted; (2) that the relief sought is no broader than necessary to protect that interest; and (3) that no reasonable less restrictive alternatives are available to protect the interest. Any order prohibiting or imposing restrictions beyond the terms of this rule upon the photographing, recording, or broadcasting of a court proceeding that is open to the public shall be supported by particularized findings of fact that demonstrate the necessity of the court’s action.

(g) The presiding justice retains discretion to limit the number of cameras, recording devices, and related equipment allowed in the courtroom at one time. In imposing such limitations, the presiding justice may give preference to requests to photograph, record, or broadcast made by a representative of an established media organization that disseminates information concerning court proceedings to the public. The presiding justice also may require representatives of the media to arrange pool coverage.

(h) It is the responsibility of representatives of media organizations desiring to photograph, record, or broadcast a court proceeding to contact the clerk of court in advance of a proceeding to ascertain if pool coverage will be required. If the presiding justice has determined that pool coverage will be required, it is the sole responsibility of such media representatives, with assistance as needed from the clerk or his or her designee, to determine which media organization will provide the coverage feed. Disputes about pool coverage will not ordinarily be resolved by the court, and the court may deny media organizations’ requests to photograph, record, or broadcast a proceeding if pool agreements cannot be reached. It also is the responsibility of said person to make arrangements with the clerk of court or his or her designee sufficiently in advance of the proceeding so that the set up of any needed equipment in the courtroom, including equipment for pool coverage, can be completed without delaying the proceeding. The court shall allow reasonable time prior to a proceeding for the set up of such equipment.

(i) The court shall make all documents and exhibits filed with the court, and not sealed, available for inspection by members of the public in a reasonably timely fashion, it being recognized that the court’s need to make use of documents and exhibits for official purposes must take precedence over their availability for public inspection. The court may elect to make one “public” copy of an exhibit available in the clerk’s office.

(j) The exact location of all recording, photographing, and broadcasting equipment within the courtroom shall be determined by the presiding justice. Once established, movement of such equipment within the courtroom is prohibited without the express prior approval of the presiding justice. The court may prohibit the use of any equipment that requires the laying of cords or wires that pose a safety hazard or impair easy ingress and egress from the courtroom. All equipment used must operate with minimal noise so as not to disrupt the proceedings.

(k) Unless otherwise ordered by the presiding justice, the following standing orders shall apply to all recording, photographing or broadcasting of proceedings within any courtroom:

(1) No flash or other artificial lighting devices shall be used.

(2) Set up and dismantling of equipment in a disruptive manner while court is in session is prohibited.

(3) No recording, photographing, or broadcasting equipment may be moved into, out of, or within the courtroom while court is in session.

(4) Recording, photographing, or broadcasting equipment must remain a reasonable distance from the parties, counsel tables, alleged victims and their families, and witnesses, unless such person(s) voluntarily approach the position where such equipment is located. No such equipment shall be used or set up in a location that creates a risk of picking up confidential communications between lawyer and client or conferences held at the bench among the presiding justice and counsel or the parties. No photographs of jurors or prospective jurors shall be allowed.

(5) All persons using recording, photographing, or broadcasting equipment must abide by the directions of court officers at all times.

(6) Interviews within the courtroom are not permitted before or after a proceeding.

(7) A person who has been granted permission to record, photograph, or broadcast a court proceeding shall not engage in any activity that distracts the participants or impairs the dignity of the proceedings.


Comment

 

Rule 46 is consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.4 (“Photographing, Recording and Broadcasting”).

With respect to subsection (c) of this rule, it is contemplated that such requests will be deemed timely if they are filed enough in advance of the proceeding that the presiding justice has an opportunity to read and consider the request, to orally notify all interested parties of its existence, and to conduct a brief hearing in the event that any interested party objects to the request. Given the strong presumption under New Hampshire law that photographing, recording and/or broadcasting court proceedings that are open to the public is allowable, this subsection is not intended to impose lengthy or onerous advance notice requirements; instead, it recognizes that frequently such requests will be filed only shortly before the proceeding in question is to begin. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule).

 

Rule 47. Interpreters for Proceedings in Court

(a) Whenever a defendant, a witness, or a non-party individual having a significant interest in a court proceeding as defined by the Judicial Branch’s Language Services Plan, requires the assistance of an interpreter in order to testify or understand proceedings in court, the court shall arrange for the participation of an interpreter who meets the qualifications set forth in the Language Services Plan.

(b) In addition to the participation of the interpreter contemplated in paragraph (a) of this rule, whenever, in the case of an indigent defendant, defense counsel reasonably believes that counsel requires a separate interpreter in order to communicate with the defendant, counsel shall make application to the court for authorization under RSA 604-A:6 for funds to hire an interpreter for the purposes of facilitating out-of-court and in-court communication between counsel and the defendant.


Comment

Rule 47(a) refers to the New Hampshire Judicial Branch’s Language Services Plan, adopted effective January 1, 2014. Rule 47(b) addresses the fact that a party requiring interpretation services will often need an interpreter to facilitate in-court and out-of-court attorney-client conversations, when the attorney is not fluent in the client’s language. The separation of Rule 47 into the two paragraphs gives structural expression to the view that it will sometimes be necessary, when the defendant lacks fluency in English and counsel lacks fluency in the defendant’s language, to have two interpreters during in-court proceedings. One stands available to interpret all on-the-record speech of the witnesses, the judge, and counsel into the defendant’s language and to interpret the speech of any non-English-speaking witnesses into English. The second interpreter would provide interpretation of confidential attorney-client communications, when the attorney is not fluent in the defendant’s language.

 

Rule 48. Clerk’s Office; Judge’s Chambers; Communications with the Court

(a) No witnesses, police personnel, prosecutors, defense counsel or defendants shall be permitted into a clerk's office or judge's chambers, except when necessary and as authorized by the court.

(b) Except where ex parte communications with the court are authorized by law, no person shall make any statement with regard to the merits of that person's case, orally or in writing, to any judge in whose court or before whom any suit, petition or other proceeding is pending or to be heard or tried except in open court or in the presence of all parties thereto.


Comment

Rule 48 is consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.6 (“Clerks office and judges chambers”).

Rule 49. Untimely-Filed Guardian ad Litem Reports

(a) A guardian ad litem who, without good cause, fails to file a report required by any court or statute by the date the report is due may be subject to a fine of not less than $100 and not more than the amount of costs and attorneys fees incurred by the parties to the action for the day of the hearing. The guardian ad litem shall not be subject to the fine under this rule if, at least ten days prior to the date the report is due, he or she files a motion requesting an extension of time to file the report.

(b) The court clerk shall report to the guardian ad litem board all guardians ad litem who fail to file a report by the date the report is due. However, the report shall clearly indicate all such guardians for whom the court has found good cause for the late filing. The court clerk shall make such report available to the public.

 

Comment

Rule 49 is consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.25 (“Untimely-filed guardian ad litem reports”).

 

Rule 50. Access To Confidential Records -- Fees And Notice

Any person or entity not otherwise entitled to access may file a motion or petition to gain access to: (1) a financial affidavit kept confidential under RSA 458:15-b, I; or (2) any other sealed or confidential court record. See Petition of Keene Sentinel, 136 N.H. 121 (1992).

Filing Fee: There shall be no filing fee for such a motion or petition.

Notice: In open cases, the person filing such a motion shall provide the parties to the proceeding with notice of the motion by first class mail to the last mail addresses on file with the clerk.

 

Rule 51. Furnishing Information Regarding Competency and Sanity Evaluations

(a) Information from the State. Within ten days after an order under RSA 135:17 for a competency or sanity evaluation of a defendant in a criminal proceeding, the State shall furnish a brief written statement of the factual background to the personnel performing the evaluation. The State shall also furnish a copy of the defendant’s criminal record as soon as reasonably possible.

(b) Information from the Defense. The defense may provide a brief written statement of the factual background to the personnel performing the evaluation.

(c) The parties may submit additional information to the personnel conducting the evaluation but are not required to do so in the absence of an order from the court.

(d) After a hearing, for good cause shown, and if not otherwise prohibited by court rules or law, the court may order disclosure of additional information necessary for the evaluation.

(e) All information provided pursuant to this rule is for the purpose of evaluating the sanity or competency of the defendant and may not be used for any other purpose without permission of the court. Documents which contain such information and which are in the court record shall be kept under seal from public view. Upon the motion of either party, or on its own motion, the court may enter additional protective orders regarding the information subject to this rule.

 


Rule 52. Fees

(a) The appropriate fee must accompany relevant filings.

(b) Fees

(1) Petition to Annul Criminal Record $ 125.00

(2) Application to Appear Pro Hac Vice $ 250.00

(3) Certificates and Certified Copies $ 10.00

(4) All copied material $.50 per page

(5) Records research fees:

(A) Record information must be requested in writing and include the individual’s full name and, if available, the individual’s date of birth. A fee of $20 per name will be assessed for up to 5 names. Additional names will be assessed $5 per name.

(B) The Clerk may waive the records research fee when a request for record information is made by a member of the media consistent with the public’s right to access court records under the New Hampshire Constitution.

 


Rule 53. Duplication of Audio Recordings

(a) Any person may request a copy of the audio recording of a hearing except when a case or proceeding is confidential by statute, court rule or order. The recording will be provided by the court or by the transcriber designated by the Supreme Court in accordance with Supreme Court Rule 59 on CD or by audio download for a fee to be determined in accordance with a fee schedule approved by the Supreme Court. A copy of the recording of a court proceeding shall not be deemed to be the official record of the proceeding.

(b) In the case of any proceeding made CONFIDENTIAL by New Hampshire statute, case law, or court order, no duplicate audio recording shall be released, except to a party to the proceeding granted access by the court or to an attorney for a party to the proceeding. In such cases, the party or attorney shall be advised of his or her obligation to keep the audio recording confidential.

 

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