New Hampshire Rules of Evidence
Rules of Evidence
ARTICLE I. GENERAL PROVISIONS
Rule 100. Adoption and Effective Date; Effect Upon Common Law.
Rule 101. Scope.
Rule 102. Purpose and Construction.
Rule 103. Rulings On Evidence.
Rule 104. Preliminary Questions.
Rule 105. Limited Admissibility.
Rule 106. Remainder of or Related Writings or Recorded Statements.
ARTICLE II. JUDICIAL NOTICE
ARTICLE III. PRESUMPTIONS
ARTICLE IV. RELEVANCY AND ITS LIMITS
Rule 401. Definition of "Relevant Evidence".
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Waste of Time.
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes.
Rule 405. Methods of Proving Character.
Rule 406. Habit; Routine Practice.
Rule 407. Subsequent Remedial Measures.
Rule 408. Compromise and Offers To Compromise.
Rule 409. Payment of Medical and Similar Expenses.
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements.
Rule 411. Liability Insurance.
Rule 412. Evidence of Prior Sexual Activity.
ARTICLE V. PRIVILEGES
Rule 501. Privileges Recognized Only as Provided.
Rule 502. Lawyer-Client Privilege.
Rule 503. Patient's Privilege.
Rule 504. Husband and Wife Privilege.
Rule 505. Religious Privilege.
Rule 506. Reserved.
Rule 507. Trade Secrets.
Rule 508. Reserved.
Rule 509. Identity of Informer.
Rule 510. Waiver of Privilege by Voluntary Disclosure.
Rule 511. Privileged Matter Disclosed Under Compulsion or Without Opportunity To Claim Privilege.
Rule 512. Comment Upon or Inference From Claim of Privilege: Instruction.
ARTICLE VI. WITNESSES
Rule 601. General Rule of Competency.
Rule 602. Lack of Personal Knowledge.
Rule 603. Oath or Affirmation.
Rule 604. Interpreters.
Rule 605. Reserved.
Rule 606. Competency of Juror as Witness.
Rule 607. Who May Impeach.
Rule 608. Evidence of Character and Conduct of Witness.
Rule 609. Impeachment by Evidence of Conviction of Crime.
Rule 610. Religious Beliefs or Opinions.
Rule 611. Mode and Order of Interrogation and Presentation.
Rule 612. Writing or Object Used To Refresh Memory.
Rule 613. Prior Statements of Witnesses.
Rule 614. Interrogation of Witnesses by Court.
Rule 615. Exclusion of Witnesses.
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion Testimony by Lay Witnesses.
Rule 702. Testimony by Experts.
Rule 703. Bases of Opinion Testimony by Experts.
Rule 704. Opinion on Ultimate Issue.
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion.
Rule 706. Reserved.
ARTICLE VIII. HEARSAY
Rule 801. Definitions.
Rule 802. Hearsay.
Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial.
Rule 804. Hearsay Exceptions; Declarant Unavailable.
Rule 805. Hearsay Within Hearsay.
Rule 806. Attacking and Supporting Credibility of Declarant.
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
Rule 901. Requirement of Authentication or Identification.
Rule 902. Self-authentication.
Rule 903. Subscribing Witness' Testimony Unnecessary.
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Rule 1001. Definitions.
Rule 1002. Requirement of Original.
Rule 1003. Admissibility of Duplicates.
Rule 1004. Admissibility of Other Evidence of Contents.
Rule 1005. Public Records.
Rule 1006. Summaries.
Rule 1007. Testimony or Written Admission of Party.
Rule 1008. Functions of Court and Jury.
ARTICLE XI. MISCELLANEOUS RULES
Rule 1101. Applicability of Rules.
Rule 1102. Amendments.
Rule 1103. Title.
NOTE: The rules as published herein are subject to revisions promulgated from time to time by the New Hampshire Supreme Court and published in the New Hampshire Bar News. See Supreme Court Rules 1 and 51.
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
01. Opinion Testimony by Lay Witnesses.
If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the testimony or the determination of a fact in issue.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
03. Bases of Opinion Testimony by Experts.
The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.
04. Opinion on Ultimate Issue.
Testimony in the form of an opinion or inference otherwise admissible is not objectionable solely because it embraces an ultimate issue to be decided by the trier of fact.
05. Disclosure of Facts or Data Underlying Expert Opinion.
The expert may testify in terms of opinion or inference and give reason therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.