Rule 15 - Pretrial Motions(a)Circuit Court-District Division(1)General. For the general rules governing motions in Circuit CourtDistrict Division, see Circuit Court-District Division Rule 1.8.(2)Motions to Suppress. (A) Whenever a motion to suppress evidence is filed before trial in any criminal case, the court will determine, in its discretion, whether to hear the motion in advance of trial or at the trial when the evidence is offered.(B) If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. If the evidence is found to be admissible in advance of trial, it will be admitted at the trial without further hearing as to its admissibility. If the evidence is found to be inadmissible, it will not be admitted at the trial and the prosecution shall not refer to such evidence at any time thereafter. The justice presiding at the pretrial hearing need not be disqualified from presiding at the trial. Objections to the court's ruling in advance of trial admitting the evidence shall be noted by the court and the trial shall proceed as scheduled.(C) All motions to suppress evidence filed in advance of trial shall be in writing and shall specifically set forth all the facts and grounds in separate numbered paragraphs upon which the motions are based. Such motions shall be filed before the commencement of the trial. The court, in its discretion, may grant such a motion after trial commences.(D) Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review.(3)Motions to Continue. For rules governing motions to continue in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8 -A.(b)Superior Court(1)Pretrial Motions. The deadline for filing all pretrial motions other than discovery related motions, including but not limited to motions for joinder or severance of offenses, motions to dismiss, motions to suppress evidence, Daubert motions, and other motions relating to the admissibility of evidence that would require a substantial pretrial hearing, shall be sixty days after entry of a plea of not guilty in superior court or fifteen days after the dispositional conference, whichever is later.(2)Motions to Suppress. Except for good cause shown, motions to suppress shall be heard in advance of trial. If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. If the evidence is found to be admissible in advance of trial, it will be admitted at the trial without further hearing as to its admissibility. If the evidence is found to be inadmissible on behalf of the prosecution, the prosecution shall not refer to such evidence at any time in the presence of the jury, unless otherwise ordered by the court. Objections to the court's ruling in advance of trial admitting the evidence shall be transferred on appeal after trial and not in advance of trial except in the discretion of the court in exceptional circumstances. Every motion to suppress evidence:(A) shall be filed in accordance with section (b)(1) of this rule;(B) shall be in writing and specifically set forth all the facts and grounds in separate numbered paragraphs upon which the motion is based; and(C) shall be signed by the defendant or counsel and verified by a separate affidavit of the efendant or such other person having knowledge of the facts upon which the affidavit is based. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review.(3)Motions in Limine. The parties shall file all motions in limine no less than ten calendar days prior to the final pretrial conference. For purposes of this paragraph, a motion which seeks to exclude the introduction of evidence on the ground that the manner in which such evidence was obtained was in violation of the constitution or laws of this state or any other jurisdiction shall be treated as a motion to suppress and not a motion in limine.(4)Motions to Continue(A) Except in exceptional circumstances, all requests for continuances or postponements by the defendant in a criminal case shall be in writing signed by the defendant and counsel. The request shall include an express waiver of the defendant's right to a speedy trial as it relates to the motion.(B) A court may rule on a contested motion to continue without a hearing provided that both parties have had an opportunity to inform the court of their respective positions on the motion.(C) The court shall rule on assented-to motions to continue expeditiously. Notwithstanding the agreement of the parties, the court shall exercise its sound discretion in ruling on such motions.(D) Where a trial has been scheduled in one case prior to the scheduling of another matter in another court where an attorney or party has a conflict in date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows:(i) A subsequently scheduled case involving trial by jury in a superior or federal district court, or argument before the Supreme Court.(ii) The court finds the subsequently scheduled case should take precedence due to the rights of a victim under RSA 632-A:9.(iii) The court finds that the subsequently scheduled case should take precedence due to a defendant's rights to speedy trial or other constitutional rights.(iv) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place.(E) Other grounds for continuance may be illness of a defendant, defense attorney, or prosecutor; want of material testimony, documents, or other essential evidence; unavoidable absence of an essential witness; and such other exceptional grounds as the court may deem to be in the interest of justice.Adopted effective 1/1/2016 in Strafford and Cheshire counties and 7/1/2016 in Belknap County; amended effective 8/1/2018; amended effective 1/1/2024; amended effective 4/15/2024.