N.H. R. Crim. P. 26
As amended through May 2, 2024
After a case has been submitted to the jury and the jury has retired for deliberations, counsel shall not leave the courthouse without permission of the court. The court may permit counsel to leave the courthouse upon appropriate conditions. If counsel is absent from the courthouse without permission when a jury requests additional instructions, such absence shall constitute a waiver of the right to be present during instructions given in response to the request.
N.H. R. Crim. P. 26
Comment
As Rule 26 reflects, if counsel has left the courthouse with the court's permission, counsel has not waived the right to be present when an instruction is to be given in response to a jury's question.