New Hampshire Revised Statutes 592-B:6 – Discovery
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I. Prior to indictment, the accused shall have the same rights to discovery and deposition as the accused has subsequent to indictment, provided that all judicial proceedings with respect thereto shall be within the jurisdiction of the superior court, and notice of petition and hearing shall be given to the county attorney, or to the attorney general if the attorney general shall have entered the case.
II. For incarcerated defendants, the state shall provide or make available to defense counsel, or directly to the defendant if he or she is not represented by an attorney, copies of all discovery in its possession, no more than 10 calendar days after the arraignment of the defendant, unless otherwise ordered by the court. For non-incarcerated defendants, the state shall provide or make available to defense counsel, or directly to the defendant if he or she is not represented by an attorney, copies of all discovery in its possession, no more than 20 calendar days after the arraignment of the defendant, unless otherwise ordered by the court. The state may request an extension of the discovery deadlines for complex case types.
III. The court may, upon motion, authorize the delay of the provision of discovery materials to the defense. Under such circumstances, the court shall make findings in support of its order and shall set a new date for the provision of such materials to the defense.
IV. If the court has determined that discovery has not been provided pursuant to the timeline established in paragraph II or III, and the defendant has not been indicted, the court shall schedule a probable cause hearing without unreasonable delay as a matter of right.
V. The state shall have a continuing obligation to provide discovery to defendants as it becomes available.
II. For incarcerated defendants, the state shall provide or make available to defense counsel, or directly to the defendant if he or she is not represented by an attorney, copies of all discovery in its possession, no more than 10 calendar days after the arraignment of the defendant, unless otherwise ordered by the court. For non-incarcerated defendants, the state shall provide or make available to defense counsel, or directly to the defendant if he or she is not represented by an attorney, copies of all discovery in its possession, no more than 20 calendar days after the arraignment of the defendant, unless otherwise ordered by the court. The state may request an extension of the discovery deadlines for complex case types.
Terms Used In New Hampshire Revised Statutes 592-B:6
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- 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.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The court may, upon motion, authorize the delay of the provision of discovery materials to the defense. Under such circumstances, the court shall make findings in support of its order and shall set a new date for the provision of such materials to the defense.
IV. If the court has determined that discovery has not been provided pursuant to the timeline established in paragraph II or III, and the defendant has not been indicted, the court shall schedule a probable cause hearing without unreasonable delay as a matter of right.
V. The state shall have a continuing obligation to provide discovery to defendants as it becomes available.