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Home/State Laws/New Hampshire

New Hampshire Mock Trial Rules

Northeast

NH · Capital: Concord

Evidence Rules

New Hampshire Rules of Evidence

Citation: N.H. R. Evid. [rule number]

Key Differences from Federal Rules of Evidence

  • New Hampshire Rule 404(b) requires pretrial notice before admitting other acts evidence, with stricter requirements than FRE
  • Rule 702 follows the Daubert standard but with enhanced reliability requirements under State v. Cressey
  • NH has a broader spousal privilege under Rule 504 than the federal marital communications privilege
  • Excited utterance exception under Rule 803(2) requires closer temporal proximity than the FRE

Notable Rules

RuleDescription
N.H. R. Evid. 404(b)Other acts evidence requires advance written notice to opposing party and specific finding of relevance beyond propensity
N.H. R. Evid. 702Expert testimony governed by Daubert with additional Cressey reliability requirements specific to New Hampshire
N.H. R. Evid. 803(8)Public records exception interpreted more narrowly than FRE 803(8), excluding certain law enforcement reports in criminal cases

Trial Procedure

Civil Procedure

New Hampshire Superior Court Civil Rules

Criminal Procedure

New Hampshire Rules of Criminal Procedure

Key Features

  • New Hampshire uses a structured dispositional conference system for early case resolution
  • The state has no intermediate appellate court, with appeals going directly to the NH Supreme Court
  • Mandatory mediation is required in most civil cases before trial scheduling

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

Yes

Unanimity Required

  • Civil juries of 6 require unanimous agreement for a valid verdict
  • Criminal juries must be unanimous for all felony convictions
  • Jury trials are available in Superior Court; District Court matters may be tried to the bench

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Other Northeast States

CT — ConnecticutME — MaineMA — MassachusettsNJ — New JerseyNY — New YorkPA — PennsylvaniaRI — Rhode IslandVT — Vermont
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