Prior to submission of the case to the court, a party may reopen evidence for good cause shown. Except as otherwise provided by statute or court rule, all pleadings, attachment to pleadings, exhibits submitted at hearings or trials, and other docket entries (hereinafter referred to collectively as documents) shall be available for public inspection. (B) It is the responsibility of the filing party to ensure that confidential information is omitted or redacted from a document before the document is filed. The probable cause hearing shall not be held if the defendant is notified before the hearing of an indictment on the charge that would have been the subject of the hearing or if the clerk of the Circuit Court receives reliable information that the defendant has been indicted on the charge which would have been the subject of the hearing. The presiding justice also may require representatives of the media to arrange pool coverage. (4) If a motion to seal the affidavit has been filed with the request for a Gerstein determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. (h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorneys knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case upon a finding by a preponderance of the evidence that such deposition is necessary: (1) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction, or reluctance to cooperate; or. If a case is initiated in superior court, the State shall provide the materials specified in RSA 592-B:6. (5) No defendant shall be incarcerated for nonpayment of an assessment or non-performance of community service unless the Court, having conducted an ability-to-pay or ability-to-perform hearing which includes making specific inquiry of the defendant concerning his financial circumstances and his reasons for nonpayment or non-performance, concludes that the defendant willfully failed to pay the assessment or perform community service. (g) All pleadings and the appearance and withdrawal of counsel shall be signed by the attorney of record or the attorneys associate or by a self-represented party. Each application shall specify in detail the facts upon which the applicant relies in requesting the annulment. A defendant who is represented by an attorney may enter a plea of not guilty and waive formal arraignment as follows. Phone: (423) 279-2752. (2) Not less than fourteen days prior to trial, the State shall provide the defendant with: (A) a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, it anticipates introducing at trial; and. (b)Bail Denied. The parties are under a continuing obligation to supplement their discovery responses on a timely basis as additional materials covered by this rule are generated or as a party learns that discovery previously provided is incomplete, inaccurate, or misleading. (B) Instructions to the Jury when Decision Whether to Ask Questions is Made: Ladies and gentlemen of the jury, I remind you of my earlier remarks regarding juror questions. In current practice, the term chargeable is synonymous with an admission to the violation of probation. Paragraphs (a) through (c) of Rule 16 derive from RSA 517:13-a, I through III. A party may seek reduction, suspension or amendment of a sentence as provided by law. (a) Scope. If a court finds that a fair and impartial trial cannot be had in a county or judicial district in which the offense was committed, it may, upon the motion of the defendant, transfer the case to another county or judicial district where a fair and impartial trial may be had. 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Guidelines for Use of Cameras and Audio Equipment, Registration Process for Use of Cameras and Audio Equipment, Judicial Performance Evaluation Advisory Committee, New Hampshire Court Accreditation Commission. Except as provided in subsection (f) or (g) of this rule, unless the defendant waives the presence of counsel at the arraignment in writing or on the record, the court shall take no other action at the arraignment aside from (1) advising the defendant of the charges against him or her and entering a pro forma plea of not guilty (or no plea in a felony case if filed in the circuit court) on the defendant's behalf, and (2) informing the defendant that the issue of bail and any other issue requiring an adversary hearing will not be addressed until his or her counsel is present. The burden of proof by a preponderance of the evidence with respect to all elements of the charge shall be upon the State. He also allegedly fired a handgun on Elm Street during the busy bar closing time. (e) No court or justice shall establish notice rules, requirements or procedures that are different than those established by this rule. The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors in which an indictment has not been returned within 90 days of the complaint being filed, unless, prior to that time, the prosecution files a motion seeking an extension of time and explaining why the extension is necessary or the defendant waives speedy indictment in writing. Untimely-Filed Guardian ad Litem Reports, Rule 50. Several defendants facing drug charges were also indicted. each comment to let us know of abusive posts. (D) For purposes of this rule, a statement of a witness means: (i) a written statement signed or otherwise adopted or approved by the witness; (ii) a stenographic, mechanical, electrical or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement made by the witness and recorded contemporaneously with the making of such oral statement; and. A Coos County grand jury has indicted Ryan Gingras-Jodrie, 24, of Groton, Mass., with reckless conduct. (2) In all cases, the court shall have the responsibility to ensure that each empanelled juror is qualified, fair, and impartial. (D) A summary of the law to be used in their consideration of the evidence. If the defendant was arrested without a warrant and is held in custody, or if the defendant was arrested pursuant to a warrant that was not issued by a judge and is held in custody, the court shall require the state to demonstrate, by affidavit or by statement filed under oath if filed electronically, probable cause for arrest. Get the paper in your inbox! (C) 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. If the grand jury returns a no true bill after consideration of a charge against a defendant who is incarcerated or is subject to bail conditions, the court shall immediately notify the defendant or counsel of record. The Sullivan County Superior Court is located at 22 Main Street, Newport. The court shall inform the defendant of the complaint, the right to counsel, and the right to a probable cause hearing. If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. Thank you for signing in! The party shall also provide access to all statements, reports or other materials that the proponent of Rule 404(b) evidence will rely on to prove the commission of such other crimes, wrongs or acts. (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. Welcome! To provide a humane environment that promotes personal growth and rehabilitation for the offender to reduce recidivism. 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. If by reason of death or serious disability the judge before whom a jury trial has commenced is unable to proceed with the trial or post-verdict duties, another judge may perform those duties. Then partly to mostly cloudy overnight. This website uses cookies to improve your experience while you navigate through the website. (D) That the defendant understands that he is entitled to an arraignment conducted by the Court but is waiving that arraignment. (3) Not less than seven days prior to trial, the defendant shall provide the State with a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, the defendant anticipates introducing at trial. Christopher Cody Hudson, 20, 322 Gibson Mill Road, Kingsport, was indicted on two counts of aggravated assault and one count of theft of $500 or less. The property included a shot gun, a .22 caliber rife, and a semi-automatic rifle. (3) Misdemeanors and Enhanced Violations. Courts and parties should note that RSA 596-A:3 requires the court to caution a defendant about the right to counsel and the right to remain silent. The charge is a Class B felony. Kitchen, 33, of Claremont was arrested on May 7 for possession of a quantity of pills that contained oxycodone, a schedule II controlled drug. This rule shall not apply to confidential or privileged documents submitted to the court for in camera review as required by court rule, statute or case law. No racism, sexism or any sort of -ism (B) The manner in which the sentence was imposed, including the sufficiency and accuracy of the information before the sentencing court. Keep it Clean. Local residents faces charges of theft, drugs, criminal mischief, and insurance fraud in the February round of felony indictments handed up by a grand jury at Grafton Superior Court. (d) Extended Term. Nothing herein shall prevent a defendant charged with a class A misdemeanor or felony and who is unable to afford counsel from requesting counsel at any time after arrest by completing a Request for a lawyer form and submitting it to the court having jurisdiction over the matter. (B) The court shall inform counsel of its intended jury instructions prior to counsel's closing arguments. 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. News & Announcements Event Calendar Archived Press Releases When the complaint charges a felony, a summons may not be issued. A subpoena for court hearings, depositions, or trials may be issued by the clerk of any court or any justice as defined by statute. Where a defendant in a criminal case has filed a financial affidavit and has been determined to be eligible for court-appointed counsel in the circuit court, the defendant shall not be required to file a new financial affidavit upon the appeal or transfer of the same case to the superior court unless facts are brought to the courts attention indicating that there has been a substantial change in the defendants financial circumstances. (3) Notice to Defendant. The court may issue additional orders as necessary to preserve the confidentiality of a document pending a final ruling or appeal of an order to unseal. On Jan. 16, 2022, Fox is accused of stabbing D.S. in the arm in an attempt to kill him. A Grand Jury considers evidence presented by the County Attorney or the Attorney General and decides whether there is sufficient evidence to formally charge a person with committing a crime. K-1. I alone have made this determination, and you should not be offended, or in any way prejudiced by my determination. Notice that an extended term of imprisonment may apply pursuant to RSA 651:6 shall be provided to the defendant in writing at least twenty-one days prior to the commencement of jury selection. A failure to comply with the time limitations regarding the notice of objection required by this section shall constitute a waiver of any objection to the admission of the certificate.