Rule 3.3 – Discovery

May 14, 2021 | Family Law, New Hampshire

A. Within seven (7) days after the arraignment, the prosecutor shall furnish the juvenile’s attorney or the juvenile and parent(s), if the juvenile has no attorney, with the following:

(1) A copy of records of statements or confessions, signed or unsigned, by the juvenile, to any law enforcement officer or officer’s agent;
(2) A list of any tangible objects, papers, documents or books obtained from or belonging to the juvenile;
(3) A list of names of witnesses, including experts and their reports;
(4) Copies of any lab reports;
(5) All exculpatory materials required to be disclosed pursuant to the doctrine of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including State v. Laurie, 139 N.H. 325 (1995).
(6) Notification of the State’s intention to offer at trial, pursuant to NH Rule of Evidence 404B, evidence of other crimes, wrongs, or acts committed by the juvenile, as well as copies of or access to all statements, reports, or other materials that the State will rely on to prove the commission of such other crimes, wrongs, or acts; and
(7) A statement as to whether the foregoing evidence, or any part thereof, will be offered at the adjudicatory hearing.
B. Within fourteen (14) days after the arraignment, the juvenile shall provide the prosecutor with a list of names of witnesses, including experts and their reports and copies of any lab reports, that the juvenile anticipates introducing at the adjudicatory hearing.
C. In the event of a petition filed by a party other than the State, the above discovery rules shall apply, except that the petitioner shall forward materials to the juvenile or attorney, and the juvenile or the juvenile’s attorney shall forward materials to the petitioner within the applicable time frames.

N.H. R. Cir. Ct. Fam. Div. 3.3