597:19 Returns. – Every recognizance taken by a commissioner shall be certified and returned to the clerk of the court before which the party is bound to appear, on or before the day of the sitting thereof. Source. 1895, 37:4. PL 366:30. RL 425:30.
597:2 Release of a Defendant Pending Trial. – I. Except as provided in paragraph VI, upon the appearance before the court of a person charged with an offense, the court shall issue an order that, pending arraignment or trial, the person be: (a) Released on his or her personal recognizance or upon execution of […]
597:2-a Repealed by 1988, 110:12, II, eff. June 17, 1988. –
597:2-b Determination of Indigence and Payment of Bail Commissioner Fee. – I. The arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner. If the offender elects to utilize the bail commissioner’s services and is not indigent, the offender shall pay the bail […]
597:20 Fees. – The bail commissioners in such cases shall be entitled to a fee of $40. However, clerks of court or members of their staffs who are bail commissioners shall be entitled to collect such fee only when called while not on active duty. In jurisdictions where the bail commissioner is a full-time […]
597:21 Bail on Sunday. – Persons arrested on Sunday, or on the evening or afternoon preceding, may be admitted to bail on that day when in the opinion of the commissioner an application for that purpose appears to be proper. Source. 1895, 37:6. PL 366:32. RL 425:32.
597:22 Recognizances After Arrest. – Any police officer may detain any person who he deems to be a necessary witness to a crime; provided, however, within 24 hours, including Sundays and holidays, he shall be brought before a justice of the superior court who may, upon the showing that the testimony of said person […]
597:23 Commitment in Default of Recognizance. – Whenever a witness, upon being ordered by a superior court justice to recognize, neglects or refuses to do so, the justice may issue a warrant and cause such witness to be committed to jail until he complies with the order. Source. RS 222:6. CS 237:6. GS 240:17. […]
597:24 To the State; Sureties. – Recognizance shall be taken in the name of the state, and with sufficient sureties, unless, in proper cases, the recognizance of the party shall be deemed by the superior court to be sufficient. Source. RS 211:17. CS 224:17. GS 241:2. GL 259:2. PS 252:24. PL 366:35. RL 425:35.
597:25 Condition. – Recognizances may be taken with condition to attend the court or before the justice at the next term, from term to term, at a fixed day to which the case may be continued, or from day to day, there to wait and abide the order of the court, and not to […]
597:26 Variations. – Recognizances may be taken in any other form which the court, considering the circumstances of the case, may direct or allow. Source. GS 241:4. GL 259:4. PS 252:26. PL 366:37. RL 425:37. RSA 597:26. 1967, 132:38, eff. July 18, 1967.
597:27 Surrender, in Court. – A surety for the appearance of a party or witness may be discharged by order of the superior court from further liability upon surrendering the party in open court, during the pendency of the original cause and before trial, on payment of the costs of any proceeding against them, […]
597:28 Surrender, to Jailer. – Sureties may be discharged before forfeiture of the recognizance by committing the principal to the jail of the county, by leaving with the jailer a certified copy of the order to recognize and of the names of the bail, and a certificate of the bail thereon that they have […]
597:29 Jailer’s Authority; New Bail. – The copies and certificates provided for in RSA 597:28 shall be sufficient authority for the keeper of the jail to detain the party committed until he shall be discharged by due order of law; and the accused may be again recognized with sureties, agreeably to the original order […]
597:3 Money Deposited. – All money deposited for bail shall be held for the use of the state until the clerk of the superior court where the bail is deposited shall certify that no liability exists against the bail. Source. 1903, 28:2. PL 366:15. RL 425:15. RSA 597:3. 1983, 383:60, eff. Jan. 1, 1984.
597:30 Excusing Surrender. – When the sureties in a recognizance, without their fault, are prevented from surrendering their principal by an act of God or of the government of the state or of the United States, or by sentence of law, the superior court, on petition and notice thereof to the county commissioners and […]
597:31 Declaration of Forfeiture. – If any party recognized to appear makes default, the recognizance shall be declared forfeited, and the state may cause proceedings to be had immediately for the recovery of such forfeiture. Source. 1865, 4077:3, 4. GS 241:9. GL 259:9. 1889, 27:1. PS 252:31. PL 366:42. RL 425:42. RSA 597:31. 1959, […]
597:32 Striking Off Default. – Any court, for good cause, may strike off a default upon a recognizance or order it to be struck off at a future day, upon a substantial compliance with the condition. Source. GS 241:10. GL 259:10. 1889, 27:2. PS 252:32. PL 366:43. RL 425:43.
597:33 Judgment. – The superior court may render judgment for the whole amount of any forfeited recognizance and interest and costs, or for such part thereof as, after hearing counsel, the court may think proper, according to any special circumstances in evidence affecting the case or the party liable. Source. 1865, 4075:2. GS 241:11. […]
597:34 Venue. – Actions upon recognizances may be brought and tried in the county or judicial district thereof in which they were taken, unless the court shall order the venue to be changed. Source. RS 211:17. CS 224:17. GS 241:14. GL 259:14. PS 252:34. PL 366:45. RL 425:45. RSA 597:34. 1992, 284:76, eff. July […]
