Rule 40 – Recusal

May 14, 2021 | Criminal Procedure, New Hampshire

All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the court. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. If a record of the proceedings is not available, the trial judge shall make a record of the request, the court’s findings, and its order. The court’s ruling on the motion shall issue promptly. If the motion is denied, the court’s ruling shall be supported by findings of fact with respect to the allegations contained in the motion.

N.H. R. Crim. P. 40

Adopted effective January 1, 2016 in Strafford and Cheshire counties and July 1, 2016 in Belknap County.

Comment

Rule 40 . is consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.8-A(H).