New Hampshire Competence — Unanimous Verdict refers to the legal standard and requirement for determining an individual's mental competency in the state of New Hampshire. It specifically pertains to criminal cases and the ability of a defendant to understand the nature of the charges against them, comprehend the legal proceedings, and assist in their defense. In New Hampshire, it is crucial for all jurors to unanimously agree on a defendant's incompetency for the verdict to be considered valid. This means that if even a single juror believes that the defendant possesses the required competence, a verdict of incompetence cannot be rendered. This requirement ensures that the decision to determine someone's competence is not taken lightly and is based on a collective assessment from multiple perspectives. Different types of competency determinations may arise in New Hampshire legal proceedings. These could include: 1. Competence to Stand Trial: This type of determination is made when there are doubts about the defendant's ability to understand the charges, communicate effectively with their attorney, or engage in the trial process. If found incompetent to stand trial, the proceedings are typically put on hold until the individual gains the necessary competence. 2. Competence to Plead: This refers to the ability of the defendant to understand the consequences of their plea, whether it is guilty, not guilty, or solo contender (no contest). If a defendant is deemed incompetent to plead, the court may order an evaluation or treatment to restore their competency before proceeding further. 3. Competence to Waive Counsel: In cases where a defendant wishes to waive their right to legal representation, the court may assess their competency to make such a decision. The defendant must understand the advantages and disadvantages of self-representation and be able to participate effectively in their own defense. The New Hampshire Competence — Unanimous Verdict standard emphasizes the importance of considering all perspectives and ensures that the determination of incompetence is not arbitrary. It serves as a safeguard in the criminal justice system, protecting the rights of defendants and ensuring fair and just legal proceedings.
New Hampshire Competence - Unanimous Verdict
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Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.
In a criminal case, the unanimous agreement of all 12 jurors is required.
(A) Deposition of an Expert Who May Testify. A party may depose any person who has been identified as an expert whose opinions may be presented at trial. If Rule 26(a)(2)(B) requires a report from the expert, the deposition may be conducted only after the report is provided.
Summary Disposition. (1) Except in a mandatory appeal, the supreme court may at any time, on its own motion and without notice or on such notice as it may order, dispose of a case, or any question raised therein, summarily.
Medical Injuries and Special Damages. (a) Medical Examinations. In actions to recover damages for personal injuries, the defendant shall have the right to a medical examination of the plaintiff prior to trial.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.
Confidentiality of Information. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).
Trial Procedure. (1) Opening Statements. Opening statements are not permitted in circuit court ? district division trials except with permission of the court for good cause shown.
