Rule 3.5 – Affirmative Defenses

May 14, 2021 | Family Law, New Hampshire

If a juvenile intends to rely upon the defense of alibi, the juvenile shall notify the prosecution in writing of that intention and a copy of the notice shall be filed with the court within fourteen (14) days of the arraignment. The notice of alibi shall be signed by the juvenile, or counsel if represented, and shall state the specific place at which the juvenile claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom the juvenile intends to rely to establish such alibi.

Within five (5) days after the receipt of the notice of alibi, the prosecution shall furnish the juvenile, or counsel, in writing with a list of the names and addresses of any additional witnesses not previously identified.

If, prior to or during the adjudication, a party learns of an additional witness whose identity, if known, should have been included in the information required by this rule, the party shall immediately notify the other party, or counsel, of the witness’ existence, identity and address.

Upon the failure of either party to comply with the requirements of this rule, the Court may exclude the testimony of any undisclosed witness offered by such party as the juvenile’s absence from, or presence at, the scene of the alleged offense. This rule shall not limit the right of the juvenile to testify concerning the alibi, even notice has not been filed.

If a juvenile intends to claim any defense specified by the Criminal Code, a notice of that intention identifying its basis of the intention shall be filed with the court, with a copy going to the prosecution, within fourteen (14) days of the arraignment. If the juvenile fails to comply with this rule, the Court may exclude any testimony relating to such defense or make such other order as justice requires.

N.H. R. Cir. Ct. Fam. Div. 3.5