NCJ Number
45170
Date Published
1977
Length
14 pages
Annotation
A BRIEF OVERVIEW OF THE STRUCTURE, FUNCTIONS, AND PROCEDURES OF THE COURT SYSTEM OF NEW HAMPSHIRE IS PROVIDED.
Abstract
NEW HAMPSHIRE LAW IS DIVIDED INTO CIVIL, IN WHICH ONE PARTY SEEKS MONEY OR OTHER DAMAGES FROM ANOTHER, AND CRIMINAL, DEFINED BY STATUTE. APPEALS MAY BE MADE ON ISSUES OF LAW TO THE NEW HAMPSHIRE SUPREME COURT; THE OPINIONS OF THIS COURT MAY AFFIRM, REVERSE, OR MODIFY THE DECISIONS OF THE TRIAL COURT OR AGENCY. THE STATE'S PROBATE COURTS DEAL WITH ESTATES, TRUSTS, WILLS, AND RELATED MATTERS. CRIMINAL CASES ARE TRIED IN SUPERIOR COURT USING THE FOLLOWING PROCEDURE: CHARGES ARE INSTITUTED THROUGH AN INDICTMENT OR THROUGH FILING OF AN INFORMATION BY THE COUNTY ATTORNEY; THE GRAND JURY DECIDES WHETHER ENOUGH EVIDENCE EXISTS TO CHARGE AN INDIVIDUAL WITH A CRIME; A WARRANT IS ISSUED FOR THE PERSON'S ARREST, IF HE IS NOT ALREADY IN CUSTODY; BAIL MAY BE POSTED AND AN ATTORNEY PROCURED; ARRAIGNMENT IS HELD, WHEN THE INDICTMENT IS READY TO THE DEFENDANT AND A PLEA IS ENTERED; IF THE DEFENDANT PLEADS NOT GUILTY, TRIAL IS SET FOR A LATER DATE; EACH ATTORNEY PREPARES FOR THE TRIAL AND FILES ANY NECESSARY MOTIONS; AND THE TRIAL IS CONDUCTED AS SOON AS POSSIBLE. CIVIL CASES INVOLVE A PLAINTIFF AND A DEFENDANT, AND CONCERN DISPUTES OVER SUCH MATTERS AS PROPERTY DAMAGE, PERSONAL INJURY, AND OWNERSHIP QUESTIONS. ATTORNEYS FOR EACH SIDE GENERALLY TRY TO REACH AN AGREEMENT OUT OF COURT, BUT IF THEY CANNOT, THE CASE GOES ON TO TRIAL AND VERDICT. THE CASE MAY BE TRIED BY JUDGE AND JURY, OR BY A JUDGE ALONE. JURORS ARE SELECTED AT RANDOM. THEY HEAR A CASE, REVIEW THE EVIDENCE, LISTEN TO FINAL ARGUMENTS BY THE ATTORNEYS, RETIRE TO DISCUSS THE CASE, THEN RETURN WITH THEIR DECISION, WHICH IN NEW HAMPSHIRE MUST BE UNANIMOUS. SENTENCING IS BY THE JUDGE ALONE. IN ADDITION TO THE JUDGE, THE STAFF OF A COURT INCLUDES A COURT REPORTER, WHO TAKES DOWN EVERYTHING SAID AT A TRIAL; A BAILIFF, WHO KEEPS ORDER; AND A CLERK. IN A CRIMINAL CASE, THE FOLLOWING ARE ALSO PRESENT: THE COUNTY ATTORNEY, WHO PROSECUTES THE CASE; DEFENSE LAWYERS; THE DEFENDANT; WITNESSES; JURORS; AND THE ARRESTING OFFICER. IN A CIVIL CASE, THERE ARE PRESENT: THE PLAINTIFF; THE DEFENDANT; ATTORNEYS FOR BOTH; WITNESSES; EXPERT WITNESSES; AND SOMETIMES JURORS. A DIAGRAM OF THE COURT STRUCTURE FOR THE ENTIRE STATE'S SYSTEM IS PROVIDED.