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Rules of Evidence Table of Contents



Rule 1101. Applicability of Rules

(a) Courts. These rules apply to the proceedings in the district and probate divisions of the circuit court, the superior court, and the supreme court.

(b) Proceedings Generally. These rules apply generally to all civil and criminal proceedings unless otherwise provided by the constitution or statutes of the State of New Hampshire or these rules.

(c) Rule of Privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

(d) Rules Inapplicable. The rules (other than with respect to privileges) do not apply in the following situations:

(1) Preliminary Questions of Fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104.

        (2) Grand Jury. Proceedings before grand juries.

        (3) Miscellaneous Proceedings. Proceedings for extradition or rendition; preliminary examinations in criminal cases; juvenile certification proceedings under RSA 169-B:24; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; proceedings with respect to release on bail or otherwise; contempt proceedings in which the court may act summarily; proceedings with respect to parole revocation or probation violations; recommittal hearings; domestic relations cases within the jurisdiction of the Family Division of the Circuit Court; civil domestic violence and stalking proceedings.


2016 NHRE Update Committee Note


A technical change has been made to New Hampshire Rule of Evidence 1101 by supreme court order dated April 20, 2017, effective July 1,2017. No change was made as the result of the restyling of the Federal Rules of Evidence. The rule is a New Hampshire specific rule on the applicability of the New Hampshire rules and is still germane.

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