New Hampshire Motion to Disclose Confidential Informants - Release

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US-02221BG
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Description

One issue when dealing with confidential informants is whether or not the government must disclose the identity of the informant. The issue of whether or not the government must disclose the identity of the confidential informant sometimes turns on whether the informant is a "mere tipster" or an actually participant in the transaction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Authentication of Evidence One of the most basic rules of introducing evidence at trial is that each piece of non-testimonial evidence must be authenticated before its introduction. Non-testimonial evidence includes tangible items such as documents, photographs, recordings, datasets and even murder weapons.

401. Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.

Evidence That Is Self-Authenticating. (B) a signature purporting to be an execution or attestation. (B) another public officer who has a seal and official duties within that same entity certifies under seal - or its equivalent - that the signer has the offical capacity and that the signature is genuine.

Rule 508(c) establishes several exceptions to the privilege. No privilege exists if the informer discloses his identity to a person who would have cause to resent the communication. The privilege is also waived if the informer appears as a witness for the public entity.

Rule 11. (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.

New Hampshire Rule of Evidence 404(b) permits evidence of ?other crimes, wrongs, or acts? as ?proof of motive . . . intent . . . knowledge . . . or absence of mistake or accident?.

Authenticating or Identifying Evidence. (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.

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New Hampshire Motion to Disclose Confidential Informants - Release