N.H. R. Cir. Ct. Fam. Div. 3.3

As amended through December 30, 2024
Rule 3.3 - Discovery
A. Upon receipt of appearance of counsel for the juvenile, the prosecutor shall furnish the juvenile's attorney or the juvenile and parent(s), if the juvenile has no attorney, with the following:
(1) A copy of records of statements or confessions, signed or unsigned, by the juvenile, to any law enforcement officer or officer's agent;
(2) A list of any tangible objects, papers, documents or books obtained from or belonging to the juvenile;
(3) A list of names of witnesses, including experts and their reports;
(4) Copies of any lab reports;
(5) All exculpatory materials required to be disclosed pursuant to the doctrine of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including State v. Laurie, 139 N.H. 325 (1995).
(6) Notification of the State's intention to offer at trial, pursuant to NH Rule of Evidence 404B, evidence of other crimes, wrongs, or acts committed by the juvenile, as well as copies of or access to all statements, reports, or other materials that the State will rely on to prove the commission of such other crimes, wrongs, or acts; and
(7) A statement as to whether the foregoing evidence, or any part thereof, will be offered at the adjudicatory hearing.
B. For Delinquency proceedings under RSA 169-B, discovery shall include the voluntary needs assessment outlined in RSA 169-B:10.
(1) If a Delinquency petition is filed prior to the completion of the voluntary needs assessment, the prosecutor shall furnish the juvenile's attorney or the juvenile and the parent(s), if the juvenile has no attorney, with the assessment as soon as it is received.
(2) Confidentiality and admissibility of the voluntary needs assessment shall be determined by RSA 169-B:10.
(3) This rule shall not be construed to require the completion of a voluntary needs assessment.
C. Within fourteen (14) days after the arraignment, the juvenile shall provide the prosecutor with a list of names of witnesses, including experts and their reports and copies of any lab reports, that the juvenile anticipates introducing at the adjudicatory hearing.
D. In the event of a petition filed by a party other than the State, the above discovery rules shall apply, except that the petitioner shall forward materials to the juvenile or attorney, and the juvenile or the juvenile's attorney shall forward materials to the petitioner within the applicable time frames.

N.H. R. Cir. Ct. Fam. Div. 3.3

Amended March 20, 2024, eff. 4/15/2024.