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Rule 2 – Adoption and Effective Date; Applicability

May 14, 2021 | Criminal Procedure, New Hampshire

(a) Adoption. The Supreme Court adopts these rules pursuant to Part II, Article 73-A of the New Hampshire Constitution.
(b) Effective Date. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Strafford and Cheshire counties on or after January 1, 2016. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Belknap County on or after July 1, 2016. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Merrimack County on or after January 1, 2017. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Carroll, Coos and Grafton Counties on or after April 1, 2017. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Hillsborough County on or after September 1, 2017. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Rockingham and Sullivan Counties on or after October 1, 2017. In exceptional circumstances, when the court finds that the application of these rules to cases pending as of the effective date would not be feasible or would work an injustice, the court may exempt such cases from the application of these rules or from a particular rule.
(c) In Strafford and Cheshire counties, pursuant to RSA 592-B:2, III, all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after January 1, 2016 shall be initiated in superior court. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before January 1, 2016 shall be initiated in circuit court.

In Belknap county, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after July 1, 2016 shall be initiated in superior court. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurrred before July 1, 2016 shall be initiated in circuit court.

In Merrimack county, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after January 1, 2017 shall be initiated in superior court. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before January 1, 2017 shall be initiated in circuit court.

In Carroll, Coos and Grafton counties, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after April 1, 2017 shall be initiated in superior court. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before April 1, 2017 shall be initiated in circuit court.

In Hillsborough County, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after September 1, 2017 shall be initiated in superior court. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before September 1, 2017 shall be initiated in circuit court.

In Rockingham and Sullivan counties, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after October 1, 2017 shall be initiated in superior court. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before October 1, 2017 shall be initiated in circuit court.

N.H. R. Crim. P. 2

Adopted eff. Jan. 1, 2016 in Strafford and Cheshire counties and July 1, 2016 in Belknap County; and eff. Jan. 1, 2017 in Merrimack County; amended Sept. 19, 2017, eff. Oct. 1, 2017.