Section 517:1 – Repealed by 1986, 210:1, II, eff. Jan. 1, 1987.
517:1 Repealed by 1986, 210:1, II, eff. Jan. 1, 1987. –
Section 517:10 – Sealing.
517:10 Sealing. – 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. Source. RS 188:23. CS 200:23. GS 210:11. GL 229:11. PS 225:2. […]
Section 517:11 – Repealed by 1986, 210:1, III, eff. Jan. 1, 1987.
517:11 Repealed by 1986, 210:1, III, eff. Jan. 1, 1987. –
Section 517:12 – Neglect to Take.
517:12 Neglect to Take. – 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 […]
Section 517:13 – Discovery Depositions in Criminal Cases.
517:13 Discovery Depositions in Criminal Cases. – 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 […]
Section 517:13-a – Videotape Trial Testimony Authorized.
517:13-a Videotape Trial Testimony Authorized. – 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 […]
Section 517:14 – Compensation of State’s Counsel.
517:14 Compensation of State’s Counsel. – 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, his account […]
Section 517:14-a – Deposition Authorized.
517:14-a Deposition Authorized. – 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 […]
Section 517:14-b – Petition to Superior Court.
517:14-b Petition to Superior Court. – 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 satisfied. […]
Section 517:14-c – Court Order.
517:14-c Court Order. – 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 court of […]
Section 517:14-d – Time, Notice, etc.
517:14-d Time, Notice, etc. – 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 […]
Section 517:14-e – Record.
517:14-e Record. – 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 […]
Section 517:15 – Appointment.
[RSA 517:15 effective until January 1, 2023; see also RSA 517:15 set out below.] 517:15 Appointment. – 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. [RSA 517:15 effective January 1, 2023; see also […]
Section 517:16 – Procedure.
517:16 Procedure. – 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 shall be the same, so far as […]
Section 517:17 – Powers.
517:17 Powers. – 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 in this state. Source. 1903, 21:3. PL 337:17. RL […]
Section 517:18 – Foreign.
517:18 Foreign. – 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 witnesses to give […]
Section 517:19 – Fees for Justices of the Peace for Taking Depositions.
517:19 Fees for Justices of the Peace for Taking Depositions. – 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. […]
Section 517:2 – Before Whom.
517:2 Before Whom. – 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. Source. RS 188:14. CS 200:14. GS 210:2. […]
Section 517:20 – Stenographers.
517:20 Stenographers. – 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. Source. PL 337:20. RL 393:20.
Section 517:3 – Disqualifications.
517:3 Disqualifications. – 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 […]