New Hampshire Revised Statutes 517:14-a – Deposition Authorized
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The attorney general or a county attorney conducting the prosecution in a criminal case may take the deposition of any witness the prosecution intends to call at the trial, if it is determined by a justice of the superior court that:
I. The defendant in the case in which the deposition is sought has been arrested or bound over to the grand jury or has been indicted, and
II. There is reason to believe the life or safety of the witness is endangered because of his willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case.
I. The defendant in the case in which the deposition is sought has been arrested or bound over to the grand jury or has been indicted, and
Terms Used In New Hampshire Revised Statutes 517:14-a
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
II. There is reason to believe the life or safety of the witness is endangered because of his willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case.