Title LIII, Proceedings in Court

When the persons supposed to be interested are minors notices may be given to their guardians. If they have no guardians the judge of probate in the county where they reside, on application, may appoint guardians, to whom notice may be given to appear for and protect the rights o…

If the name or residence of a party interested is unknown the notice shall be published three weeks successively, beginning at least eight weeks before the time of taking, in some newspaper printed in Concord, and in some newspaper printed in the county, and, if the deposition re…

All such depositions shall be written, signed and sworn to as provided in case of depositions in actions pending, with the necessary variation in the form of the oath. The court, commissioner or justices shall annex to the depositions a certificate of the time and place of taking…

If the depositions relate to the records of a court or public office they, with all the proceedings connected therewith, shall be filed in such court or office.

If the depositions relate to real estate, or to any transaction connected therewith, the petition, depositions, certificate, notice and evidence of service shall, within ninety days from the taking thereof, be recorded in the registry of deeds of the county where the estate lies;…

Depositions in perpetual remembrance may be used in the trial of any cause wherein the matters concerning which they were taken are drawn in question; and in case they shall be lost or out of the possession and control of the party desiring to use them a copy of the record thereo…

Whenever in an action pending in the superior court an investigation of accounts or an examination of vouchers is necessary or the issues as to damages are complex and intricate, one or more auditors may be appointed to hear the parties, examine their vouchers and evidence, state…

Referees shall proceed in all cases, unless the parties otherwise agree, according to the rules of law or of equity, as the case may be, and according to the practice in court, and shall report their decision as soon as may be to the court.

If either party shall request it they shall state specifically all matters of fact found by them to have been proved, and their rulings upon all questions of law.

Reports of referees may be recommitted to the same or other referee or referees, or such judgment may be rendered thereon as the law and facts require.

The court, acting as a body, may make rules to regulate the practice and proceedings before referees and may fix the times and places for their hearings.

The referees may impose costs upon either party as terms for delay, postponement or continuance, subject to revision by the court.

The court shall allow a reasonable compensation to referees for their services and expenses, which shall be paid by the state.

No justice of the superior court shall be auditor or referee in any cause pending in the court.

Whenever a municipal or other corporation or a quasi corporation is a party to an action the parties to such action shall have the same right of trial by jury that any other party has under the constitution.

A jury shall be impanelled for the trial of every cause to be tried in that mode, to be drawn from the whole number of jurors in attendance not engaged in another cause.

Each party in a civil cause is entitled to three peremptory challenges of jurors drawn for the trial. The peremptory challenges shall be exercised alternately, beginning with the plaintiff. When the plaintiff and defendant have exhausted their challenges the court shall take unus…

Auditors may be appointed in actions brought by partners or cotenants against their copartners or cotenants.

The superior court, acting as a body, may, by general rules or special order, prescribe the mode of drawing and impanelling the jury, and of exercising the right of peremptory challenge, as may be required to carry into effect the provisions of the two preceding sections.

In the trial of actions involving questions of right to real estate, or in which the examination of places or objects may aid the jury in understanding the testimony, the court, on motion of either party, may, in their discretion, direct a view of the premises by the jury, under …

The costs of such view shall be subject to such adjudication, as to the whole or any part thereof, as the court may deem equitable.

The court may direct proper issues to be framed for the trial by a jury of any question of fact arising in a suit in equity or other proceeding pending in the court.

In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.

The county commissioners shall furnish at least one room in each court house where jury trials are held with twelve substantial and comfortable seats, and convenient desks, for the use of jurors when deliberating. The court may, in its discretion and subject to such rules as it m…

Jurors shall not be required to continue their deliberations without sleep and rest later than 12:00 in the evening. At that hour, or earlier, under such safeguards and conditions as the court may direct, they shall be afforded suitable opportunity for sleep and rest, at the expe…

Notwithstanding any other provisions of law, the court in its discretion may declare a recess during the deliberations of the jury to allow the jurors to return to their homes. Such deliberations shall be resumed as ordered by the court. No separation for sleep or rest of the jur…

The superior court, acting as a body, shall appoint such official court stenographers as it deems necessary, in accordance with personnel procedures established by the supreme court. The salaries of each stenographer shall be paid by the state.

The state classification plan shall not apply to the state court stenographers as provided under the preceding section.

A court stenographer shall make for the use of the court and parties, after any trial, whenever ordered by the court, a true report of all proceedings, and the court may order the original notes to be filed. Upon request of either party, the original stenographic notes, and a dul…

Auditors shall be sworn, shall give notice to the parties of the time and place of hearing and may adjourn when necessary. They shall all hear the parties, but a majority may report.

The court, acting as a body, shall fix a schedule of prices for transcripts and for extra copies furnished to counsel or parties and shall order what if any part thereof may be taxed as costs by the prevailing party.

The superior court may employ such additional part time stenographic assistance as it may require, and the supreme court shall set the per diem salary they shall be paid. They shall be paid such salary and shall be reimbursed for their actual expenses away from home by the state.

Whenever the statutes or judicial decisions of another state become material as evidence in the trial of a cause, a volume purporting to be a printed copy thereof, printed by public authority and appearing to be correct copies and generally accepted as such, shall be accepted as …

Auditors may be discharged by the court, and others be appointed, or their report may be recommitted for revision.

If either party neglects or refuses to appear before the auditor, or to render an account, or to produce such books and papers, and to answer, on oath, such interrogatories, relating to the matter in controversy, as may be pertinent and material, the auditor may certify the fact …

The court shall thereupon render judgment against such party, as upon nonsuit or default, and, if necessary, cause the damages to be assessed by the jury.

The court shall allow a reasonable compensation to the auditor to be paid by the plaintiff and taxed in his bill of costs, if he recovers. The court, however, may order the fees of auditors to be paid by the state.

Upon the report of an auditor, either party may elect to try the cause by the jury, and upon such trial the report shall be given in evidence, subject to be impeached by either party.

The superior court with the consent of the parties shall, and without the consent of the parties may, commit to one or more referees any cause at law or in equity, or the determination of any question of fact pending in court wherein the parties are not, as matter of right, entit…

As used in this chapter the following terms shall have the following meanings: I. "Appointing authority" means the presiding justice of any court, the chairman of any board, commission or authority, and the director or commissioner of any department or agency, or any other person…

Every interpreter appointed pursuant to the provisions of this chapter, before entering upon his duties, shall take oath that he will make a true interpretation in an understandable manner to the person for whom he is appointed and that he will repeat the statements of such perso…

Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged and said person could not be compelled to testify as to the communications, said privilege shall apply to the interpreter as well.

A qualified interpreter appointed under this chapter shall be reimbursed by the appointing authority at a fixed rate reflecting the most recent fee schedule approved by the department of education, bureau of vocational rehabilitation. Nothing in this section shall be construed to…

At all stages of any proceeding before any court, department, board, commission, agency or licensing authority of the state; any political subdivision of the state; or any department, board, commission, agency or licensing authority of a political subdivision in which a deaf pers…

Whenever a deaf person is arrested for any alleged violation of criminal law where the penalty may include imprisonment or fine in excess of $100 or both, no attempt to interrogate or take a statement from such person shall be permitted until a qualified interpreter is appointed …

No qualified interpreter shall be appointed in any case until the appointing authority makes a preliminary determination that the qualified interpreter is able to accurately communicate with and translate information to and from the deaf person involved in the case.