TITLE LIII
PROCEEDINGS IN COURT

Chapter 526
NEW TRIALS

Section 526:1

    526:1 When Granted. – A new trial may be granted in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be equitable.

Source. RS 192:2. CS 205:2. GS 215:5. 1878, 64:1. GL 234:1. PS 230:1. PL 342:1. RL 398:1.

Section 526:2

    526:2 Petition. – In such case a petition may be presented to the superior court in the county where the judgment was rendered, by any person interested, setting forth the reasons for such new trial, and such notice shall be given to the adverse party or his attorney as the court may order.

Source. RS 192:3. CS 205:3. GS 215:6. GL 234:2. PS 230:2. PL 342:2. RL 398:2.

Section 526:3

    526:3 Costs; Grant on Terms. – Costs may be allowed to either party upon such petition, and the new trial may be granted upon such terms as the court may deem just.

Source. RS 192:4. CS 205:4. GS 215:7. GL 234:3. PS 230:3. PL 342:3. RL 398:3.

Section 526:4


[RSA 526:4 effective until January 1, 2027; see also RSA 526:4 set out below.]
    526:4 Time. – A new trial shall not be granted unless the petition is filed within three years after the rendition of the judgment complained of, or the failure of the suit.

Source. RS 192:6. CS 205:6. GS 215:8. GL 234:4. PS 230:4. PL 342:4. RL 398:4.

Section 526:4


[RSA 526:4 effective January 1, 2027; see also RSA 526:4 above.]
    526:4 Time. –
I. A new trial shall not be granted unless the petition is filed within 3 years after the rendition of the judgment complained of, or the failure of the suit.
II. The time limit in paragraph I shall not apply if:
(a) The petitioner seeks a new trial in a criminal case that resulted in a conviction of a felony or a class A misdemeanor;
(b) The petitioner is either incarcerated, subject to the terms of a sentence, or subject to collateral consequences of the sentence;
(c) The petition specifically alleges that there is newly discovered evidence and what that newly discovered evidence is; and
(d) The petition specifically alleges that the petitioner is innocent.
III. For purposes of this section, "newly discovered evidence" includes evidence that can be subjected to new or additional forensic testing, evidence that can be subjected to new scientific understanding, or evidence that was not available at the time of trial but is available at the time the petition is filed. A court may deny a petition for a new trial that is duplicative of a prior petition that was finally ruled upon by the court.
IV. For petitions filed under paragraph II, the court shall first determine whether the petition has made a prima facie showing under paragraph II before granting a hearing under RSA 526:1. If upon review, it is determined that the petition does make a prima facie showing under paragraph II, the court shall then hold a hearing and, if the petitioner is indigent, appoint counsel for the petitioner to determine whether the requirements of RSA 526:1 have been met. If upon review, it is determined that the petition does not make a prima facie showing, the court may dismiss the petition.
V. Nothing in this section is intended to supersede the standard for granting a motion for new trial as set out in RSA 526:1. For DNA evidence, RSA 651-D shall be followed.
VI. When a petition for a new trial of a criminal conviction is being considered by the court, the state shall, upon request, reactivate victim services for the victim of the crime being reinvestigated during the reinvestigation of the case, during the pendency of the proceedings, and, as determined by the court after consultation with the victim or victim advocate, following final adjudication of the case.

Source. RS 192:6. CS 205:6. GS 215:8. GL 234:4. PS 230:4. PL 342:4. RL 398:4. 2026, 342:1, eff. Jan. 1, 2027.

Section 526:5

    526:5 Effect of Order. – Whenever a new trial is granted the action shall be brought forward on the docket of the court, and shall be tried as if no judgment had been rendered therein.

Source. RS 192:7. CS 205:7. GS 215:9. GL 234:5. PS 230:5. PL 342:5. RL 398:5.

Section 526:6

    526:6 Stay of Execution. – Execution on the original judgment shall not be stayed by reason of a new trial; but the court, on motion, may order a stay of execution upon such terms as it thinks fit.

Source. RS 192:13. CS 205:13. GS 215:14. GL 234:7. PS 230:6. PL 342:6. RL 398:6.