New Hampshire Revised Statutes 517:14-c – Court Order
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Terms Used In New Hampshire Revised Statutes 517:14-c
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If the justice determines that the allegations of the petition are substantiated by the petition itself or by any other evidence, he shall issue an order requiring that the person whose deposition is sought present himself at a fixed time and date before a justice of the superior court of the county in which the trial will be held for the purpose of giving his deposition. Said order shall also require the defendant and his counsel to be present at the taking of the deposition. If the defendant is without counsel at the time the petition under N.H. Rev. Stat. § 517:14-b is filed, the court shall be notified of such in the petition and shall appoint counsel to represent the defendant at the deposition. For the purposes of this section, counsel who represented the defendant at a probable cause hearing shall continue to represent the defendant at such deposition unless the defendant obtains new counsel.