New Hampshire Rules of Criminal Procedure – 2026

A single statewide set governing criminal procedure in BOTH the Superior Court and the Circuit Court–District Division, so felony and misdemeanor practice run on the same rules. Rule 12 sets automatic disclosure regimes for each court with fixed timelines and no motion required.

Last updated September 05, 2026

Browse all 53 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

Scope, Interpretation, Adoption and Effective Date

Rule 1 Scope and Interpretation Rule 2 Adoption and Effective Date; Applicability

Preliminary Proceedings

Rule 3 Complaint, Arrest Warrant, Arrest, Summons and Release Prior to Arraignment Rule 4 Initial Proceedings in Circuit Court-District Division Rule 5 Appearance and Appointment of Counsel in Circuit Court-District Division and Superior Court Rule 6 Probable Cause Hearing

Charging Documents in Superior Court

Rule 7 Definitions Rule 8 The Grand Jury Rule 9 Waiver of Indictment

Arraignment, Pleas and Pretrial Proceedings

Rule 10 Arraignment in Superior Court Rule 11 Pleas Rule 12 Discovery Rule 13 Discovery Depositions Rule 14 Notices Rule 15 Pretrial Motions Rule 16 Videotape Trial Testimony Rule 17 Subpoenas

Trial Procedures

Rule 18 Venue Rule 19 Transfer of Cases Rule 20 Joinder of Offenses and Defendants Rule 21 Trial by the Court or Jury; Right to Appeal Rule 22 Selection of Jury Rule 23 Juror Notes and Written Questions Rule 24 Trial Procedure Rule 25 Verdict Rule 26 Presence of Counsel Rule 27 Disability of Judge Rule 28 Communication with Jurors

Sentencing and Post-sentencing Procedures

Rule 29 Sentencing Procedures Rule 30 Probation Violation Rule 31 Annulments

Appeals

Rule 32 Bail Pending Appeal Rule 33 Transcripts Rule 34 Deadline for Criminal Appeals to the Supreme Court

Rules Applicable in All Criminal Proceedings

Rule 35 Filings with the Court Rule 36 Conduct of Attorneys Rule 37 Suspension of Rules; Violations of the Rules of Court Rule 38 Plain Error Rule 39 Assignment to Specific Judges Rule 40 Recusal Rule 41 Immunity Rule 42 Non-Members of the New Hampshire Bar Rule 43 Motions for Reconsideration Rule 44 Special Procedures in Superior Court Regarding Sex-Related Offenses Against Children Rule 45 Criminal Contempt Rule 46 Photographing, Recording, and Broadcasting Rule 47 Interpreters for Proceedings in Court Rule 48 Clerk’s Office; Judge’s Chambers; Communications with the Court Rule 49 Untimely-Filed Guardian ad Litem Reports Rule 50 Confidential Documents and Confidential Information Rule 51 Furnishing Information Regarding Competency and Sanity Evaluations Rule 52 Fees Rule 53 Duplication of Audio Recordings