New Hampshire Revised Statutes 517:13 – Discovery Depositions in Criminal Cases
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I. Except as otherwise provided in this section or by order of the court, depositions shall be taken in the manner provided in civil actions.
II. 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:
(a) 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
(b) To ensure a fair trial, avoid surprise or for other good cause shown. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances which may exist.
III. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial.
IV. Nothing in this section shall be construed as limiting discovery depositions by agreement between the parties.
V. Notwithstanding this section, no party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of 16 years at the time of the deposition.
II. 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:
Terms Used In New Hampshire Revised Statutes 517:13
- 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.
- 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.
- 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.
- 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.
(a) 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
(b) To ensure a fair trial, avoid surprise or for other good cause shown. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances which may exist.
III. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial.
IV. Nothing in this section shall be construed as limiting discovery depositions by agreement between the parties.
V. Notwithstanding this section, no party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of 16 years at the time of the deposition.