reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:23 - Party Deponent.

516:23 Party Deponent. –
No party shall be compelled, in testifying or giving a deposition, to disclose the names of the witnesses by whom nor the manner in which he proposes to prove his case, nor, in giving a deposition, to produce any writing which is material to his case or defense, unless the deposition is taken in his own behalf.
Source.
1858, 2090:1. GS 209:14. GL 228:14. PS 224:14. PL 336:25. RL 392:23.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:25-a - Statements of Minors in Certain Civil Cases.

516:25-a Statements of Minors in Certain Civil Cases. –
In all civil actions, suits or proceedings to recover damages on behalf of a minor child for abuse or assault, including sexual abuse or sexual assault, any statement of the minor child alleged to have been the victim of such abuse or assault shall not be excluded as hearsay, provided that the trial judge, prior to the admission of such testimony, shall make findings of fact that the statement sought to be admitted is apparently trustworthy and that the witness seeking to testify to such statement is competent.
Source.
1989, 30:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:26 - Negotiated Paper.

516:26 Negotiated Paper. –
In an action brought by an indorsee or assignee of a bill of exchange, promissory note or mortgage against an original party thereto, the defendant shall not testify in his own behalf if either of the original parties to the bill, note or mortgage is dead or insane, unless the plaintiff elects to testify himself or to offer the testimony of an original party thereto.
Source.
1862, 2601:1, 2. GS 209:19. GL 228:19. PS 224:19. PL 336:30. RL 392:28.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:28 - Wills, etc.

516:28 Wills, etc. –
The provisions of this chapter shall not affect the law relative to the attestation of wills or other instruments required to be attested by subscribing witnesses.
Source.
1858, 2090:2. GS 209:23. GL 228:22. PS 224:21. PL 336:32. RL 392:30.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:29-a - Testimony of Expert Witnesses.

516:29-a Testimony of Expert Witnesses. –
I. A witness shall not be allowed to offer expert testimony unless the court finds:
(a) Such testimony is based upon sufficient facts or data;
(b) Such testimony is the product of reliable principles and methods; and
(c) The witness has applied the principles and methods reliably to the facts of the case.
II. (a) In evaluating the basis for proffered expert testimony, the court shall consider, if appropriate to the circumstances, whether the expert's opinions were supported by theories or techniques that:
(1) Have been or can be tested;
(2) Have been subjected to peer review and publication;
(3) Have a known or potential rate of error; and
(4) Are generally accepted in the appropriate scientific literature.
(b) In making its findings, the court may consider other factors specific to the proffered testimony.
Source.
2004, 118:1, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:29-b - Disclosure of Expert Testimony in Civil Cases.

516:29-b Disclosure of Expert Testimony in Civil Cases. –
I. A party in a civil case shall disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the New Hampshire rules of evidence.
II. Except as otherwise stipulated or directed by the court, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report signed by the witness. The report shall contain a complete statement of:
(a) All opinions to be expressed and the basis and reasons therefor;
(b) The facts or data considered by the witness in forming the opinions;
(c) Any exhibits to be used as a summary of or support for the opinions;
(d) The qualifications of the witness, including a list of all publications authored by the witness within the preceding 10 years;
(e) The compensation to be paid for the study and testimony; and
(f) A listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding 4 years.
III. These disclosures shall be made at the times and in the sequence directed by the court. In the absence of other directions from the court or stipulation by the parties, the disclosures shall be made at least 90 days before the trial date or the date the case is to be ready for trial or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party, within 30 days after the disclosure made by the other party. The parties shall supplement these disclosures when required in accordance with the court's rules.
IV. The deposition of any person who has been identified as an expert whose opinions may be presented at trial, and whose testimony has been the subject of a report under this section, shall not be conducted until after such report has been provided.
V. The provisions of this section shall not apply in criminal cases.
Source.
2004, 118:1. 2005, 279:1, eff. July 22, 2005. 2013, 65:1, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:33-a - Confidential Settlement Agreements.

516:33-a Confidential Settlement Agreements. –
For purposes of testimony, confidential settlement agreements in prior court actions shall not prevent a person from disclosing information other than the amount of the settlement, if the court finds the information is relevant to the pending action.
Source.
2004, 125:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:34 - Compelling Evidence in Criminal Proceedings; Immunity.

516:34 Compelling Evidence in Criminal Proceedings;  Immunity. –
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 the record to the witness an order issued under paragraph II,
the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case or forfeiture. However, the witness may be prosecuted or subject to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence in accordance with the order.
II. A prosecutor may, with the prior written approval of the attorney general or county attorney for the jurisdiction where offenses are alleged to have occurred, request an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, when in the judgment of the attorney general or county attorney:
(a) The testimony or other information from such individual may be necessary to the public interest.
(b) Such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
Source.
1967, 427:1. 1993, 115:1, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:35 - Religious Leaders.

516:35 Religious Leaders. –
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 confiding waives the privilege.
Source.
1979, 197:1, eff. Aug. 10, 1979.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:36 - Written Policy Directives to Police Officers and Investigators.

516:36 Written Policy Directives to Police Officers and Investigators. –
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, regulations, codes of conduct, orders or other directives of a state, county or local law enforcement agency shall not be admissible to establish negligence when such standards of conduct are higher than the standard of care which would otherwise have been applicable in such action under state law.
II. All records, reports, letters, memoranda, and other documents relating to any internal investigation into the conduct of any officer, employee, or agent of any state, county, or municipal law enforcement agency having the powers of a peace officer shall not be admissible in any civil action other than in a disciplinary action between the agency and its officers, agents, or employees. Nothing in this paragraph shall preclude the admissibility of otherwise relevant records of the law enforcement agency which relate to the incident under investigation that are not generated by or part of the internal investigation. For the purposes of this paragraph, "internal investigation" shall include any inquiry conducted by the chief law enforcement officer within a law enforcement agency or authorized by him.
Source.
1986, 111:1, eff. July 19, 1986.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:37 - Testimony by Video Teleconference in Criminal Cases.

516:37 Testimony by Video Teleconference in Criminal Cases. –
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, criminalist, or specialist by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to tests conducted at the forensic laboratory. Notice shall be provided to the defendant, and the defendant shall have an opportunity to object to the introduction of testimony by video teleconference. No video teleconference testimony shall be permitted during a felony prosecution, except with the affirmative assent of the defendant. Examination and cross-examination of the scientist, criminalist, or specialist shall proceed in the same manner as permitted at trial.
II. In any criminal case at which the defendant summons a toxicologist, criminalist, laboratory scientist, or other person of similar expertise to testify as an expert witness, the defendant may move to take the testimony of that witness by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to tests conducted at the forensic laboratory of the department of safety, division of state police. Notice shall be provided to the state, and the state shall have an opportunity to object to the introduction of testimony by video teleconference. No video teleconference testimony shall be permitted during a felony prosecution, except with the affirmative assent of the state. Examination and cross-examination of the expert witness shall proceed in the same manner as permitted at trial.
Source.
2003, 247:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:38 - Testimony by Video Teleconference for Motor Vehicle Violations.

516:38 Testimony by Video Teleconference for Motor Vehicle Violations. –
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 of the keeper of the records or technical specialist by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to records of the department of safety. Notice shall be provided to the defendant, and the defendant shall have an opportunity to object to the introduction of testimony by video teleconference. Similarly, in any contested case for an alleged motor vehicle violation in district court, the defendant may move to take the testimony of his or her own expert witness by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to records of the department of safety. Notice shall be provided to the state, and the state shall have an opportunity to object to the introduction of testimony by video teleconference. Examination and cross-examination of the expert witness shall proceed in the same manner as permitted at a contested case for an alleged motor vehicle violation in district court. For purposes of this section, "video teleconference" includes the use of any technology that provides live, interactive aural and visual communication.
Source.
2011, 220:3, eff. Aug. 27, 2011.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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. GL 229:2. PS 225:3. PL 337:2. RL 393:2.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 has a financial interest in the action or its outcome;
IV. Such person has entered into an arrangement with a person or entity which has a financial interest in the action or its outcome, where the arrangement purports to create a relationship in which the person transcribing the deposition or recording the deposition will be providing exclusive deposition transcribing or deposition recording services for the interested person or entity; or
V. Such person is employed by or is an independent contractor working for a person or entity which has entered into an arrangement with a person or entity which has a financial interest in the action or its outcome, where the arrangement purports to create a relationship in which the person's employer will be providing exclusive deposition transcribing or deposition recording services for the interested person or entity.
Source.
RS 188:18. CS 200:18. GS 210:6. GL 229:6. PS 225:7. PL 337:3. RL 393:3. 2000, 216:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › Section 517:4 - Notice.

517:4 Notice. –
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 in this state, and within 20 miles of the place of taking, or of the party taking the same, a reasonable time before the taking thereof. A party may, at such party's expense, record a video deposition taken under this chapter, provided the party indicates the intent to record the video deposition in the notice.
Source.
RS 188:15. CS 200:15. GS 210:3. 1871, 39:1. GL 229:3. PS 225:4. PL 337:4. RL 393:4. 2013, 65:2, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › Section 517:5 - Notice to Agent.

517:5 Notice to Agent. –
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.
Source.
RS 188:16. CS 200:16. GS 210:4. GL 229:4. PS 225:5. PL 337:5. RL 393:5.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › Section 517:6 - Agency.

517:6 Agency. –
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 or agent.
Source.
RS 188:17. CS 200:17. GS 210:5. GL 229:5. PS 225:6. PL 337:6. RL 393:6.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › Section 517:7 - Signing; Oath.

517:7 Signing;  Oath. –
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.
Source.
RS 188:19. CS 200:19. GS 210:7. GL 229:7. PS 225:8. PL 337:7. RL 393:7.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › Section 517:8 - Caption.

517:8 Caption. –
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.
Source.
RS 188:20. CS 200:20. GS 210:8. GL 229:8. PS 225:9. PL 337:8. RL 393:8.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › Section 517:9 - Annexing Copy of Notice.

517:9 Annexing Copy of Notice. –
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 attend.
Source.
RS 188:21. CS 200:21. GS 210:9. GL 229:9. PS 225:10. PL 337:9. RL 393:9.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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. PL 337:10. RL 393:10.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 the same, and may have judgment and execution therefor unless notice in writing that the deposition will not be taken, signed by the party giving the original notice, is seasonably given to such adverse party.
Source.
RS 188:22. CS 200:22. GS 210:10. GL 229:10. PS 225:12. PL 337:12. RL 393:12.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 criminal case, upon a finding by a preponderance of the evidence that such deposition is necessary:
(a) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction or reluctance to cooperate; or
(b) To ensure a fair trial, avoid surprise or for other good cause shown. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances which may exist.
III. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial.
IV. Nothing in this section shall be construed as limiting discovery depositions by agreement between the parties.
V. Notwithstanding this section, no party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of 16 years at the time of the deposition.
Source.
1869, 24:1. GL 229:12. PS 225:13. PL 337:13. RL 339:13. RSA 517:13. 1959, 12:1. 1985, 228:1. 1988, 195:1. 1990, 206:1. 2003, 141:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 at the time of the offense may also move to take videotape trial testimony. The court shall order videotape trial testimony if it finds by a preponderance of the evidence that:
(a) The child will suffer emotional or mental strain if required to testify in open court; or
(b) Further delay will impair the child's ability to recall and relate the facts of the alleged offense.
II. Videotape trial testimony taken pursuant to this section shall be conducted before the judge at such a place as ordered by the court in the presence of the prosecutors, the defendant and his attorneys, and such other persons as the court allows. Examination and cross-examination of the child shall proceed in the same manner as permitted at trial. Such testimony shall be admissible into evidence at trial in lieu of any other testimony by the child.
III. Unless otherwise ordered by the court for good cause shown, no victim or witness whose testimony is taken pursuant to this section shall be required to appear or testify at trial.
IV. Any witness who is 16 years of age or under shall be allowed to have his parent or any other appropriate adult, or both, present during his testimony.
V. The supreme court shall make any rules necessary to implement the provisions of this section.
Source.
1985, 228:2. 1988, 195:2. 1990, 206:2, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 being first audited and allowed by the superior court in such county.
Source.
1869, 24:2. GL 229:13. PS 225:14. PL 337:14. RL 393:14. RSA 517:14. 1959, 12:1.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 deposition is sought has been arrested or bound over to the grand jury or has been indicted, and
II. There is reason to believe the life or safety of the witness is endangered because of his willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case.
Source.
1971, 209:1. 1975, 270:1, eff. Aug. 5, 1975.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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. The justice may grant the petition upon receipt thereof or may require further evidence of its allegations. If further evidence is required, such evidence may be received without notice to or appearance by the defendant or his counsel.
Source.
1971, 209:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 the county in which the trial will be held for the purpose of giving his deposition. Said order shall also require the defendant and his counsel to be present at the taking of the deposition. If the defendant is without counsel at the time the petition under RSA 517:14-b is filed, the court shall be notified of such in the petition and shall appoint counsel to represent the defendant at the deposition. For the purposes of this section, counsel who represented the defendant at a probable cause hearing shall continue to represent the defendant at such deposition unless the defendant obtains new counsel.
Source.
1971, 209:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 original petition filed by the prosecution, shall be served upon the defendant and his counsel at least 72 hours before the time fixed for the taking of the deposition.
Source.
1971, 209:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 in the discretion of the court the use thereof shall be deemed necessary for the promotion of justice.
Source.
1971, 209:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › Section 517:15 - Appointment.

517:15 Appointment. –
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 adopted the uniform foreign depositions law in RSA 517-A, or the Uniform Interstate Depositions and Discovery Act, or other similar process for obtaining out-of-state discovery and testimony. In such matters, discovery and testimony may be sought pursuant to the manner and process required in the foreign jurisdiction.
Source.
1903, 21:1. PL 337:15. RL 393:15. RSA 517:15. 1967, 132:29, eff. July 18, 1967. 2022, 160:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 applicable, as for taking other depositions in civil causes.
Source.
1903, 21:2. PL 337:16. RL 393:16.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 393:17.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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 depositions before him, and of requiring the production of papers and the giving of such depositions, as justices of the peace within this state with reference to depositions for use in civil causes pending within the courts of this state.
Source.
1903, 21:4. PL 337:18. RL 393:18.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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. In addition to the fee as provided in paragraph I, a justice of the peace is entitled to $.20 per mile as mileage to swear witnesses.
Source.
RS 229:1. CS 245:1. GS 272:1. GL 290:1. PS 287:3. PL 337:19. RL 393:19. RSA 517:19. 1990, 16:2, eff. May 12, 1990.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517 - Depositions › 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.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 517-A - Uniform Foreign Depositions Law › Section 517-A:1 - Uniform Foreign Depositions Law.

517-A:1 Uniform Foreign Depositions Law. –
I. This chapter may be cited as the "Uniform Foreign Depositions Law."
II. Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.
III. This chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
Source.
1997, 17:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:1 - Before Whom.

518:1 Before Whom. –
Depositions in perpetual remembrance of any fact or transaction may be taken before a court of record, or before two justices, one of whom shall be of the quorum. If the depositions relate to the burning, destruction or loss of any public files or records they shall be taken by the superior court, or by a commissioner appointed by the court.
Source.
RS 188:24. 1848, 728:1. CS 200:24. GS 211:1. GL 230:1. PS 226:1. PL 338:1. RL 394:1.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:2 - Petition.

518:2 Petition. –
A person desiring to take such deposition shall present his petition to the court or justices in writing, under oath, briefly setting forth his interest in the subject, and the facts to which the desired testimony relates, the names and residences of all persons supposed to be interested therein, or, if the fact be so, that the names or residences of such persons are unknown, and the names of the witnesses proposed to be examined.
Source.
RS 188:25. 1848, 728:2. CS 200:25. GS 211:2. GL 230:2. PS 226:2. PL 338:2. RL 394:2.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:3 - Notice.

518:3 Notice. –
Notice of the time and place of taking such depositions shall be given by the court, commissioner or justices to all parties known to be interested in the property or transaction to which the testimony relates, in the manner provided for taking depositions to be used in actions pending. Such notice shall contain, or be annexed to, a copy of the petition for the taking of the depositions.
Source.
RS 188:26. 1848, 728:3. CS 200:26. GS 211:2. 1870, 30:1. GL 230:3. PS 226:3. PL 338:3. RL 394:3.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:4 - Minors.

518:4 Minors. –
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 of such minors.
Source.
RS 188:26. 1848, 728:3. CS 200:26. GS 211:3. 1870, 30:1. GL 230:3. PS 226:4. PL 338:4. RL 394:4.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:5 - Publication of Notice.

518:5 Publication of Notice. –
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 relate to land, a like notice shall be posted in some public place in the shire town of the county in which the land lies.
Source.
1848, 728:3. GS 211:4. GL 230:4. PS 226:5. PL 338:5. RL 394:5.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:6 - Taking.

518:6 Taking. –
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, the name of the person at whose request they were taken, and of all who were notified to attend and did attend, a copy of the notice and evidence of the service thereof.
Source.
RS 188:27. 1848, 728:4. CS 200:27. GS 211:5. GL 230:5. PS 226:6. PL 338:6. RL 394:6.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:7 - Filing.

518:7 Filing. –
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.
Source.
1848, 728:5. GS 211:6. GL 230:6. PS 226:7. PL 338:7. RL 394:7.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:8 - Recording.

518:8 Recording. –
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; and the depositions taken in any other case may be so recorded.
Source.
RS 188:28. CS 200:28. GS 211:7. GL 230:7. PS 226:8. PL 338:8. RL 394:8.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 518 - Depositions in Perpetual Remembrance › Section 518:9 - Use.

518:9 Use. –
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 thereof may be used.
Source.
RS 188:29. CS 200:29. GS 211:8. GL 230:8. PS 226:9. PL 338:9. RL 394:9.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:1 - Appointment.

519:1 Appointment. –
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 the account or damages and report upon such matters therein as may be ordered by the court.
Source.
RS 189:1. CS 202:1. GS 212:1. GL 231:1. PS 227:1. PL 339:1. RL 395:1. 1949, 144:1, eff. April 21, 1949.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:2 - In Actions Between Partners or Cotenants.

519:2 In Actions Between Partners or Cotenants. –
Auditors may be appointed in actions brought by partners or cotenants against their copartners or cotenants.
Source.
RS 189:2. CS 202:2. GS 212:2. GL 231:2. PS 227:2. PL 339:2. RL 395:2.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:3 - Procedure.

519:3 Procedure. –
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.
Source.
RS 189:3. CS 202:3. GS 212:3. GL 231:3. PS 227:3. PL 339:3. RL 395:3.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:4 - Discharge.

519:4 Discharge. –
Auditors may be discharged by the court, and others be appointed, or their report may be recommitted for revision.
Source.
RS 189:4. CS 202:4. GS 212:4. GL 231:4. PS 227:4. PL 339:4. RL 395:4.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:5 - Recalcitrancy of Party.

519:5 Recalcitrancy of Party. –
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 to the court.
Source.
RS 189:6. CS 202:6. GS 212:5. GL 231:5. PS 227:5. PL 339:5. RL 395:5.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:6 - Judgment on.

519:6 Judgment on. –
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.
Source.
RS 189:7. CS 202:7. GS 212:6. GL 231:6. PS 227:6. PL 339:6. RL 395:6.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:7 - Compensation.

519:7 Compensation. –
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.
Source.
RS 189:8. CS 202:8. GS 212:7. 1876, 35:4. GL 231:7. PS 227:7. PL 339:7. RL 395:7. RSA 519:7. 1983, 383:43, eff. July 1, 1984.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:8 - Report.

519:8 Report. –
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.
Source.
RS 189:5. CS 202:5. GS 212:8. GL 231:8. PS 227:8. PL 339:8. RL 395:8.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:9 - Appointment.

519:9 Appointment. –
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, entitled to a trial by jury; and with the consent of the parties shall so commit any other cause or the determination of any other question of fact.
Source.
Const. pt. 1, art. 20. 1874, 97:13. 1875, 35:2. 1876, 35:1, 2. 1877, 20:1. GL 231:9, 10. PS 227:9. PL 339:9. RL 395:9. RSA 519:9. 1967, 132:30, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:10 - Procedure.

519:10 Procedure. –
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.
Source.
GL 231:11. PS 227:10. PL 339:10. RL 395:10.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:11 - Findings.

519:11 Findings. –
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.
Source.
GL 231:11. PS 227:10. PL 339:11. RL 395:11.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:12 - Reports.

519:12 Reports. –
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.
Source.
1876, 35:1, 2. GL 231:11. PS 227:11. PL 339:12. RL 395:12.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:13 - Rules.

519:13 Rules. –
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.
Source.
1877, 20:2. GL 231:12. PS 227:12. PL 339:13. RL 395:13. 1951, 221:10, eff. Aug. 15, 1951.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:14 - Costs.

519:14 Costs. –
The referees may impose costs upon either party as terms for delay, postponement or continuance, subject to revision by the court.
Source.
1877, 20:2. GL 231:12. PS 227:12. PL 339:14. RL 395:14.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:15 - Compensation.

519:15 Compensation. –
The court shall allow a reasonable compensation to referees for their services and expenses, which shall be paid by the state.
Source.
1874, 97:13. 1876, 35:1, 2. GL 231:13. 1881, 94:1. 1889, 80:1. PS 227:13. PL 339:15. RL 395:15. RSA 519:15. 1983, 383:44, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:16 - Justices Ineligible.

519:16 Justices Ineligible. –
No justice of the superior court shall be auditor or referee in any cause pending in the court.
Source.
1881, 55:2. PS 227:14. PL 339:16. RL 395:16.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:17 - Right of Corporations or Municipalities to.

519:17 Right of Corporations or Municipalities to. –
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.
Source.
1881, 106:1. PS 227:15. PL 339:17. RL 395:17.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:18 - Impanelling.

519:18 Impanelling. –
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.
Source.
1859, 2213:1. GS 212:9. GL 231:14. PS 227:16. PL 339:18. RL 395:18.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:19 - Challenges.

519:19 Challenges. –
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 unusual care that the jurors who take the places of the ones last challenged shall be wholly indifferent and impartial and reasonably satisfactory to both sides.
Source.
1859, 2213:1. GS 212:10. GL 231:15. PS 227:17. 1895, 67:1. 1917, 12:1. PL 339:19. RL 395:19.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:20 - Rules.

519:20 Rules. –
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.
Source.
1859, 2213:1. GS 212:11. GL 231:16. PS 227:18. PL 339:20. RL 395:20. 1951, 221:11, eff. Aug. 15, 1951.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 519 - Auditors, Referees, and Trials › Section 519:21 - View.

519:21 View. –
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 such rules as they may prescribe.
Source.
RS 188:1. CS 200:1. GS 212:12. GL 231:17. PS 227:19. PL 339:21. RL 395:21.