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Rule 36 – Conduct of Attorneys

May 14, 2021 | Criminal Procedure, New Hampshire

(a) Lawyers shall stand when addressing the court or examining a witness. The rule may be waived if the lawyer is physically unable to stand or for other good cause.
(b) An attorney may not participate as an advocate in a trial in which the attorney has testified, unless permitted to do so by the Rules of Professional Conduct.
(c) No lawyer shall be compelled to testify in any case in which the lawyer represents a party unless the lawyer has been notified in writing at least thirty days in advance of trial in superior court and at least five days in advance of trial in circuit court-district division. The attorney shall be afforded an opportunity to be heard prior to the start of trial.

N.H. R. Crim. P. 36

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

Comment

.The provisions of Rule 36 are consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rule 1.3 (“Attorneys”). The issuance of a subpoena to an attorney of record is a matter also addressed by the Rules of Professional Conduct. N.H. R. of Prof. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. 1984).