The Rules of Professional Conduct constitute the disciplinary standard for New Hampshire lawyers. Together with law and other regulations governing lawyers, the Rules establish the boundaries of permissible and impermissible lawyer conduct.
These rules may be known and cited as the New Hampshire Rules of Evidence.
2016 NHRE Update Committee Note
No change has been made to New Hampshire Rule of Evidence 1103 by supreme court order dated April 20, 2017, effective July 1, 2017, because the rule is a New Hampshire specific rule on the name of the New Hampshire Rules and is still germane.
(a) Courts. These rules apply to the proceedings in the district and probate divisions of the circuit court, the superior court, and the supreme court.
(b) Proceedings Generally. These rules apply generally to all civil and criminal proceedings unless otherwise provided by the constitution or statutes of the State of New Hampshire or these rules.
(c) Rule of Privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.
Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under Rule 1004 or 1005. But in a jury trial, the jury determines - in accordance with Rule 104(b) - any issue about whether:
(a) an asserted writing, recording, or photograph ever existed;
(b) another one produced at the trial or hearing is the original; or
(c) other evidence of content accurately reflects the content.
2016 NHRE Update Committee Note
The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition or written statement of the party against whom the evidence is offered. The proponent need not account for the original.
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.
The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in 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.
The proponent may use a copy to prove the content of an official record - or of a document that was recorded or filed in a public office as authorized by law - if these conditions are met: the record or document is otherwise admissible; and the copy is certified as correct in accordance with Rule 902(4) or is testified to be correct by a witness who has compared it with the original. If no such copy can be obtained by reasonable diligence, then the proponent may use other evidence to prove the content.
2016 NHRE Update Committee Note
An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a) all the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b) an original cannot be obtained by any available judicial process;
(c) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or the circumstances make it unfair to admit the duplicate.
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.
