Hearsay is not admissible unless any of the following provides otherwise:

a statute;
these rules; or
other rules prescribed by the Supreme Court.
 

2016 NHRE Update Committee Note

The amendments made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic changes to the rule.

(a) Statement. "Statement" means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

    (b) Declarant. "Declarant" means the person who made the statement.

    (c) Hearsay. "Hearsay" means a statement that:

(1) the declarant does not make while testifying at the current trial or hearing; and

(2) a party offers in evidence to prove the truth of the matter asserted in the statement.

2016 NHRE Update Committee Note

Rule 706 was not adopted by supreme court order dated April 20, 2017, effective July 1, 2017. As stated in the original Reporter’s Notes, New Hampshire has a variety of statutes that deal with the appointment of experts. The committee saw no reason to change the New Hampshire rule.

Unless the court orders otherwise, an expert may state an opinion - and give the reasons for it - without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.

2016 NHRE Update Committee Note

The amendment made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic and substantive changes to the rule.

An opinion is not objectionable just because it embraces an ultimate issue.

2016 NHRE Update Committee Note

The amendments made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic changes to the rule.

Federal Rule of Evidence 704 includes a subsection (b), which provides an exception to the general rule stated in FRE 704(a). Subsection (b) of the federal rule reads,

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

A witness who is qualified as an expert by knowledge, skill, experience, training, or education, may testify in the form of an opinion or otherwise if:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied the principles and methods to the facts of the case.

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:

(a) rationally based on the witness's perception;

(b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and

(c) not based on scientific, technical or other specialized knowledge within the scope of Rule 702.

2016 NHRE Update Committee Note

The amendment made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic changes to the rule and added subsection (c).

(a) At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding:

(1) a party who is a natural person;

(2) an officer or employee of a party that is not a natural person, after being designated as the party’s representative by its attorney;

(3) a person whose presence a party shows to be essential to presenting the party’s claim or defense; or

(4) a person authorized by statute to be present.

(a) Calling. The court may call a witness on its own or at a party’s request. Each party is entitled to cross-examine the witness.

(b) Examining. The court may examine a witness regardless of who calls the witness.

(c) Objections. A party may object to the court's calling or examining a witness either at that time or at the next opportunity when the jury is not present.

2016 NHRE Update Committee Note