Title LIII, Proceedings in Court

I. Whenever: (a) A witness refuses, on the basis of his privilege against self-incrimination, to testify or provide information in a proceeding before, or ancillary to a district or superior court or a grand jury; and (b) The person presiding over the proceeding communicates on t…

A priest, rabbi or ordained or licensed minister of any church or a duly accredited Christian Science practitioner shall not be required to disclose a confession or confidence made to him in his professional character as spiritual adviser, unless the person confessing or confidin…

I. In any civil action against any individual, agency or governmental entity, including the state of New Hampshire, arising out of the conduct of a law enforcement officer having the powers of a peace officer, standards of conduct embodied in policies, procedures, rules, regulati…

I. In any criminal case at which a certifying scientist, criminalist, laboratory scientist, or technical specialist from the forensic laboratory of the department of safety, division of state police is summoned to testify, the state may move to take the testimony of the scientist…

In any contested case for an alleged motor vehicle violation in district court at which a keeper of the records or technical specialist from the department of safety, bureau of hearings or division of motor vehicles is summoned to testify, the state may move to take the testimony…

Any justice or notary may issue such writs for witnesses to appear before himself or any other justice or notary, to give depositions in any matter or cause in which the same may be lawfully taken.

Any person may be summoned to attend and testify or give his deposition, by reading to him, or by giving to him in hand an attested copy of, the writ of summons, and by paying or tendering to him the fees established for his travel to and from the place where his attendance is re…

If a person so summoned neglects to attend or to give his attendance so long as may be necessary for the purpose for which he was summoned, or refuses to testify or to give his deposition if required, having no reasonable excuse therefor, he shall be liable to the party aggrieved…

Every court, justice, and notary, before whom a person has been summoned to appear and testify or to give a deposition, may bring the person neglecting or refusing to appear or to testify or to give a deposition, by attachment, before them, and if, on examination, such person has…

If a victim/witness advocate is called as a witness, a party opposing such action may move for an order requiring the party desiring to use such testimony to show cause why such victim/witness advocate's testimony is necessary. In no case shall a victim/witness advocate be seques…

The words director, officer and agent as used in this subdivision shall include all persons who may be directors, officers and agents of such corporation at the commencement of the proceeding or who may become such during the pendency thereof, and all persons who may have the cus…

Whenever any domestic corporation is a party to any legal proceeding in this state before any court or other lawful tribunal, every nonresident director, officer or agent of such corporation may be required to appear and testify in such proceeding within the state, or to give his…

This chapter may be known and cited as the "Uniform Interstate Depositions and Discovery Act".

Depositions so taken shall be sealed up by the magistrate taking the same, directed to the court or justice before whom they are to be used, with a brief description of the case, and shall be so delivered into court.

A commissioner appointed under RSA 517-A:8 shall have all the powers conferred by the laws of other states, territories, or foreign countries upon commissioners or other persons authorized to take depositions in said other states, territories, or foreign countries for use in case…

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 witn…

If any party after giving notice to the adverse party neglects or refuses to take a deposition the adverse party may be allowed as costs such amount as the court may deem equitable, not exceeding twenty-five cents a mile for actual travel of himself or his attorney to attend the …

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,…

I. In any criminal case, the state may move to take videotape trial testimony of any witness, including the victim, who was 16 years of age or under at the time of the alleged offense. Any victim or other witness who was 16 years of age or under at the time of the offense may als…

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…

In this chapter: I. "Foreign jurisdiction" means a state other than New Hampshire. II. "Foreign subpoena" means a subpoena issued under the authority of a court of record of a foreign jurisdiction. III. "Person" means an individual, corporation, business trust, estate, trust, par…

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…

I. To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to the clerk of the superior court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this act shall not constitu…

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…

A subpoena issued by a clerk of court under RSA 517-A:3 shall be served in compliance with all statutes and court rules governing service of subpoenas in civil actions in the superior courts.

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.

All provisions of law and court rules regarding the obligation of persons to comply with subpoenas and the remedies available for non-compliance shall apply to subpoenas issued under RSA 517-A:3.

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under RSA 517-A:3 shall comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.

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.

In applying and construing this uniform act, courts shall give due consideration to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

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.

I. The superior court may appoint a suitable person to serve as a commissioner, who may 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 a…

After the appointment of a commissioner under RSA 517-A:8, the notice of the time and place of taking depositions before the commissioner, the proceedings in taking such depositions, the certificates to be made by the commissioner, and all other formalities with reference to taki…