New Hampshire Revised Statutes 490:27-a – Validity of Faxed or Electronic Warrants and Orders
Current as of: 2023 | Check for updates
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Terms Used In New Hampshire Revised Statutes 490:27-a
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Oath: A promise to tell the truth.
- oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
Search warrants, arrest warrants, detention orders pursuant to RSA 169-B, placement orders pursuant to N.H. Rev. Stat. Chapter 169-C or RSA 169-D, or domestic violence temporary and final orders may be applied for and issued by facsimile or electronic transmission. The original documents, including the warrant application, the warrant, and the supporting affidavit must be received by the court having jurisdiction over the matter within 5 calendar days. The requesting agency shall forward a copy of the application, warrant, supporting affidavit and any other documents to the issuing judge or magistrate by the next business day. For purposes of this section, any oath required in the issuance of said warrants or orders may be taken by the judge or magistrate telephonically or by other means of telecommunication or electronic communication, and may include the use of an electronic signature. The issuing judge or magistrate shall be responsible for memorializing the substance of any oral statements under oath supplementing the affidavit, as provided in N.H. Rev. Stat. § 595-A:4.