New Hampshire Rules of Evidence – 2026

FRE-modeled evidence rules with deliberate New Hampshire departures, notably in privileges and character evidence. Rule 702 carries the federal reliability elements; New Hampshire also codifies a Daubert-style standard by statute at RSA 516:29-a, which is a quirk worth knowing.

Last updated September 14, 2026

Browse all 74 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.

Article I. General Provisions

Rule 100 Adoption and Effective Date; Effect Upon Common Law Rule 101 Scope; Definitions Rule 102 Purpose and Construction Rule 103 Rulings On Evidence Rule 104 Preliminary Questions Rule 105 Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes Rule 106 Remainder of or Related Writings or Recorded Statements

Article II. Judicial Notice

Rule 201 Judicial Notice

Article III. Presumptions

Rule 301 Presumptions

Article IV. Relevancy and Its Limits

Rule 401 Test for "Relevant Evidence" Rule 402 General Admissibility of Relevant Evidence Rule 403 Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons Rule 404 Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes Rule 405 Methods of Proving Character Rule 406 Habit; Routine Practice Rule 407 Subsequent Remedial Measures Rule 408 Compromise and Offers To Compromise Rule 409 Offers to Pay Medical and Similar Expenses Rule 410 Pleas, Plea Discussions, and Related Statements Rule 411 Liability Insurance Rule 412 Evidence of Prior Sexual Activity

Article V. Privileges

Rule 501 Privileges Recognized Only as Provided Rule 502 Lawyer-Client Privilege Rule 503 Patient's Privilege Rule 504 Spousal Privilege Rule 505 Religious Privilege Rule 506 Reserved Rule 507 Trade Secrets Rule 508 Reserved Rule 509 Identity of Informer Rule 510 Waiver of Privilege by Voluntary Disclosure Rule 511 Privileged Matter Disclosed Under Compulsion or Without Opportunity To Claim Privilege Rule 512 Comment Upon or Inference From Claim of Privilege: Instruction

Article VI. Witnesses

Rule 601 Competency to Testify in General Rule 602 Need for Personal Knowledge Rule 603 Oath or Affirmation to Testify Truthfully Rule 604 Interpreters Rule 605 Judge's Competency as a Witness Rule 606 Juror's Competency as a Witness Rule 607 Who May Impeach a Witness Rule 608 A Witness's Character for Truthfulness or Untruthfulness Rule 610 Religious Beliefs or Opinions Rule 611 Mode and Order of Examining Witnesses and Presenting Evidence Rule 612 Writing Used to Refresh a Witness's Memory Rule 613 Witness's Prior Statements Rule 614 Court's Calling or Examining a Witness Rule 615 Excluding Witnesses

Rule 609. Impeachment by Evidence of A Criminal Conviction

Rule 609 Impeachment by Evidence of A Criminal Conviction

Article VII. Opinions and Expert Testimony

Rule 701 Opinion Testimony by Lay Witnesses Rule 702 Testimony by Expert Witnesses Rule 703 Bases of An Expert's Opinion Testimony Rule 704 Opinion on an Ultimate Issue Rule 705 Disclosing the Facts or Data Underlying an Expert's Opinion Rule 706 Reserved

Article VIII. Hearsay

Rule 801 Definitions That Apply to this Article; Exclusions from Hearsay Rule 802 The Rule Against Hearsay Rule 803 Exceptions to the Rule Against Hearsay - Regardless of Whether the Declarant is Available as a Witness Rule 804 Exceptions to the Rule Against Hearsay - When the Declarant Is Unavailable as a Witness Rule 805 Hearsay Within Hearsay Rule 806 Attacking and Supporting The Declarant's Credibility Rule 807 Residual Exception

Article IX. Authentication and Identification

Rule 901 Authenticating or Identifying Evidence Rule 902 Evidence That Is Self-Authenticating Rule 903 Subscribing Witness

Article X. Contents of Writings, Recordings, and Photographs

Rule 1001 Definitions that Apply to this Article Rule 1002 Requirement of the Original Rule 1003 Admissibility of Duplicates Rule 1004 Admissibility of Other Evidence of Contents Rule 1005 Copies of Public Records to Prove Content Rule 1006 Summaries to Prove Content Rule 1007 Testimony or Statement of a Party to Prove Content Rule 1008 Functions of the Court and Jury

Article XI. Miscellaneous Rules

Rule 1101 Applicability of Rules Rule 1103 Title