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THE NEW HAMPSHIRE RULES OF CRIMINAL PROCEDURE

 

 

PREAMBLE


These rules are adopted by the Supreme Court of New Hampshire pursuant to the authority established in Part II, Article 73-A of the New Hampshire Constitution.  They took effect on January 1, 2016 and apply to criminal actions pending or filed in circuit court or superior court in Cheshire and Strafford Counties on or after that date.  They took effect in Belknap County on July 1, 2016 and apply to criminal actions pending or filed in circuit court or superior court in Belknap County on or after that date. They took effect in Merrimack County on January 1, 2017 and apply to criminal actions pending or filed in circuit court or superior court in Merrimack County on or after that date. They took effect in the remaining counties as of the date set forth by Supreme Court Order pursuant to RSA 592-B:2, III. See October 17, 2016 felonies first implementation order at http://www.courts.state.nh.us/supreme/orders/10-17-16-Order.pdf, and are now in effect in all counties. In exceptional circumstances, when the court finds that the application of these rules to cases pending as of the effective date would not be feasible or would work an injustice, the court may exempt such cases from the application of these rules or from a particular rule.

TABLE OF CONTENTS

 

I.  SCOPE, INTERPRETATION, ADOPTION AND EFFECTIVE DATE

Rule 1.  Scope and Interpretation

Rule 2.  Adoption and Effective Date; Applicability

II. PRELIMINARY PROCEEDINGS

Rule 3.  Complaint, Arrest Warrant, Arrest, Summons and Release Prior to Arraignment

Rule 4.  Initial Proceedings in Circuit Court – District Division

Rule 5.  Appearance and Appointment of Counsel in Circuit Court-District Division and Superior Court

Rule 6.  Probable Cause Hearing

III.  CHARGING DOCUMENTS IN SUPERIOR COURT

Rule 7.  Definitions

Rule 8.  The Grand Jury

Rule 9.  Waiver of Indictment

IV.  ARRAIGNMENT, PLEAS AND PRETRIAL PROCEEDINGS

Rule 10.  Arraignment in Superior Court

Rule 11.  Pleas

Rule 12.  Discovery

Rule 13.  Discovery Depositions

Rule 14.  Notices

Rule 15.  Pretrial Motions

Rule 16.  Videotape Trial Testimony

Rule 17.  Subpoenas

V.  TRIAL PROCEDURES

Rule 18.  Venue

Rule 19.  Transfer of Cases

Rule 20.  Joinder of Offenses and Defendants

Rule 21.  Trial by the Court or Jury; Right to Appeal

Rule 22.  Selection of Jury

Rule 23.  Juror Notes and Written Questions

Rule 24.  Trial Procedure

Rule 25.  Verdict

Rule 26.  Presence of Counsel

Rule 27.  Disability of Judge

Rule 28.  Communication with Jurors

VI.  SENTENCING AND POST-SENTENCING PROCEDURES

Rule 29.  Sentencing Procedures

Rule 30.  Probation Violation

Rule 31.  Annulments

VII.  APPEALS

Rule 32.  Bail Pending Appeal

Rule 33.  Transcripts

Rule 34.  Deadline for Criminal Appeals to the Supreme Court

VIII.  RULES APPLICABLE IN ALL CRIMINAL PROCEEDINGS

Rule 35.  Filings with the Court

Rule 36.  Conduct of Attorneys

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

Rule 38.  Plain Error

Rule 39.  Assignment to Specific Judges

Rule 40.  Recusal

Rule 41.  Immunity

Rule 42.  Non-Members of the New Hampshire Bar

Rule 43.  Motions for Reconsideration

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

Rule 45.  Criminal Contempt

Rule 46.  Photographing, Recording and Broadcasting 

Rule 47.  Interpreters for Proceedings in Court

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

Rule 49.  Untimely-Filed Guardian ad Litem Reports

Rule 50.  Access to Confidential Records – Fees and Notice

Rule 51.  Furnishing Information Regarding Competency and Sanity Evaluations

Rule 52.  Fees

Rule 53.  Duplication of Audio Recordings

 

 

 

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