New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 517:13 (2026)
Discovery Depositions in Criminal Cases
✓ current as of May 2026
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517:13 Discovery Depositions in Criminal Cases. –
I. Except as otherwise provided in this section or by order of the court, depositions shall be taken in the manner provided in civil actions.
II. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case, upon a finding by a preponderance of the evidence that such deposition is necessary:
(a) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction or reluctance to cooperate; or
(b) To ensure a fair trial, avoid surprise or for other good cause shown. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances which may exist.
III. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial.
IV. Nothing in this section shall be construed as limiting discovery depositions by agreement between the parties.
V. Notwithstanding this section, no party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of 16 years at the time of the deposition.
I. Except as otherwise provided in this section or by order of the court, depositions shall be taken in the manner provided in civil actions.
II. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case, upon a finding by a preponderance of the evidence that such deposition is necessary:
(a) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction or reluctance to cooperate; or
(b) To ensure a fair trial, avoid surprise or for other good cause shown. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances which may exist.
III. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial.
IV. Nothing in this section shall be construed as limiting discovery depositions by agreement between the parties.
V. Notwithstanding this section, no party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of 16 years at the time of the deposition.
Source. 1869, 24:1. GL 229:12. PS 225:13. PL 337:13. RL 339:13. RSA 517:13. 1959, 12:1. 1985, 228:1. 1988, 195:1. 1990, 206:1. 2003, 141:1, eff. Jan. 1, 2004.
Notes of Decisions
Cited in 30
cases (1 in the last 5 years), 1959–2021 · leading case: State v. Heath, 523 A.2d 82 (N.H. 1986).
State v. Heath, 523 A.2d 82 (N.H. 1986). “See RSA 517:13 (Supp. 1986) and :13-a (Supp. 1986).”
State v. Oakes, 13 A.3d 293 (N.H. 2010). “” See RSA 517:13, II (2007); State v. Fernandez, 152 N.”
State v. LaPorte, 587 A.2d 1237 (N.H. 1991). “The State objected to these motions, citing the prohibition of such depositions set forth in RSA 517:13. The motions were denied. In addition, LaPorte moved for a video tape deposition pursuant to then-current RSA 517:13-a (Supp.”
State v. Schonarth, 883 A.2d 305 (N.H. 2005). “RSA 517:13, II (1997) provides that the trial court may permit either party in a criminal case to take the deposition of any witness, other than the defendant, when the court finds by a preponderance of the evidence that the deposition is necessary: (a) To preserye the testimony…”
State v. Bruneau, 552 A.2d 585 (N.H. 1988). “) The defendant nonetheless still wishes to press forward with Mathieu’s deposition, and he argues here that he was entitled to take it as a matter of statutory right under RSA 517:13. Because he further reasons that a defendant with private funds at his disposal would have met…”
State v. Martin, 694 A.2d 999 (N.H. 1997). “The motion was filed pursuant to RSA 517:13, which states that “[i]n any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial.”
State v. Chick, 688 A.2d 553 (N.H. 1996). “” RSA 517:13, II(b). At oral argument before this court the defendant asserted that the deposition had been sought on two grounds: to examine the victim’s delayed reporting of the abuse, and to further detail the assault allegations against the defendant.”
State v. Fernandez, 876 A.2d 221 (N.H. 2005). “See RSA 517:13 (1997) (amended 2003). He argued that the depositions were necessary to permit him to discover the extent of the -witnesses’ criminal records, explore inconsistencies in their prior statements, and unearth further discoverable information.”
State v. Goodale, 740 A.2d 1026 (N.H. 1999). “The defendant moved to depose those witnesses pursuant to RSA 517:13 (1997). Citing State v. Rhoades, 139 N.”
State v. Haines, 709 A.2d 762 (N.H. 1998). “RSA 517:13 (1997) governs depositions in criminal cases.”
State of New Hampshire v. Shawn Carter, 167 N.H. 161 (N.H. 2014). “And subsequent to indictment, discovery and depositions are governed by Rule 98 and RSA 517:13 (2007), respectively, both of which generally preserve the court’s discretion to regulate the scope and timing of discovery so as to balance the competing interests of all affected…”
Commonwealth v. St. Pierre, 387 N.E.2d 1135 (Mass. 1979). “41 (1979); N.H. Rev. Stat. Ann. § 517:13 (1974); Tex.”
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