Title LIII, Proceedings in Court

If a county attorney or the attorney general shall attend the caption of a deposition taken under the provisions of the preceding section he shall receive a reasonable compensation for his services and expenses from the treasury of the county in which the prosecution is pending, …

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 depo…

The prosecution desiring to take the deposition of such witness shall present a petition to any justice of the superior court, which petition shall be in writing and under oath, briefly setting forth facts which indicate that the requirements of RSA 517:14-a, I and II have been s…

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…

The date fixed for the deposition shall be no more than fourteen days from the time the petition is received by the clerk of court except that this time may be extended upon request of the prosecution only. Notice of the court's order, together with a copy of the original petitio…

The justice presiding at a deposition taken under the provisions of this subdivision shall cause a record to be made of the proceedings and shall cause a copy thereof to be furnished to the defendant. Such record or a copy thereof may be used in the trial of the case whenever in …

I. Upon petition the superior court may appoint some suitable person as commissioner to take depositions outside this state, for use in causes pending in or returnable to said court. II. No appointment shall be required when discovery is sought in a foreign jurisdiction that has …

After the appointment of such commissioner, the notice of the time and place of taking depositions before him, the proceedings in taking such depositions, the certificates to be made by him, and all other formalities with reference to taking, filing and using such depositions sha…

Said commissioner shall have and exercise all the powers conferred by the laws of other states, territories and foreign countries upon commissioners or other persons authorized to take depositions in said other states, territories and foreign countries for use in causes pending i…

A commissioner or other person appointed by any court of record of any other state, territory or foreign country, for the purpose of taking depositions in this state for use in causes pending in such court of record, shall have the same powers of procuring the attendance of witne…

I. Justices of the peace shall be entitled to a fee of at least $5 but no more than $50 in the taking of depositions, dependent upon that amount which the justice of the peace feels is sufficient payment for his services. II. In addition to the fee as provided in paragraph I, a j…

Any justice or notary public in the state, any commissioner appointed under the laws of the state to take depositions in other states, any judge or justice of the peace or notary public in any other state or country, may take such deposition.

When by agreement of the parties depositions are taken in shorthand and thereafter transcribed, or are taken down by the use of a typewriter, the court may allow as costs the whole or any part of the expense thereof, as justice may require.

No person shall write the testimony of a witness, record the testimony of a witness, or act as magistrate in taking the same, if: I. Such person is a party to the action; II. Such person is a relative, employee, or attorney of a party to the action; III. Such person has a financi…

The party proposing to take a deposition shall cause a notice in writing, signed by a justice or notary, stating the day, hour, and place of taking the same, to be delivered to the adverse party, or one of them, or to be left at his or her abode, if either of such parties resides…

If the adverse party resides out of the state, or more than twenty miles from the place of caption, or from the party proposing to take the deposition, a like notice, given to the agent or attorney of such adverse party or left at his abode, shall be sufficient.

No person shall be deemed an agent or attorney for this purpose unless he has indorsed the writ in the cause, or has appeared for his principal before the court, justice, referees or arbitrators, where the action is pending, or has given notice in writing that he is such attorney…

Every witness shall subscribe his deposition, and shall make oath that it contains the truth, the whole truth and nothing but the truth, relative to the cause for which it was taken.

The magistrate taking the deposition shall certify such oath, with the time and place of taking the deposition, the case and court in which it is to be used, that the adverse party was or was not present, was or was not notified, and that he did or did not object.

A copy of the notice left with the adverse party, his agent or attorney, with the return of the officer or affidavit of the person leaving such notice thereon, stating the time of leaving it, shall be annexed to the caption of the deposition, when the adverse party does not atten…